Terms - Securing Memories, LLC

Assent to Agreement. This Terms of Use Agreement ("Agreement") governs your access to and use of the Web site accessible at the domain name www.securingmemories.com, along with all of its corresponding pages (collectively, the "Site") and the content of the Site (the "Content"), including the products and services offered therein. The Site is owned and operated by Securing Memories, L.L.C. and this Agreement is between Securing Memories, L.L.C. and any party accessing or otherwise using the Site or the Content or purchasing the products and services offered therein. By accessing and/or using the Site and/or purchasing the products and services offered therein, you acknowledge, and assent to be bound by the policies, terms and conditions set forth herein in their entirety without limitation or qualification, as well as all applicable laws and regulations. IF YOU DO NOT AGREE TO THIS TERMS OF USE AGREEMENT, PLEASE DO NOT USE THIS SITE AND DO NOT PURCHASE THE PRODUCTS AND SERVICES OFFERED THEREIN.

Restrictions on Use.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. You shall not use the Site for the solicitation of users to become subscribers of other services competitive with the Site. Any conduct by you that in Securing Memories, L.L.C.’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains copyrighted material, such as trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the Content of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not use any data mining, robots, or similar data gathering and extraction tools on Site Content. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Securing Memories, L.L.C. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
Securing Memories, L.L.C. will not knowingly process any copyrighted material without written consent from the rightful owner. You shall not email, upload, post or otherwise make available on the Site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Securing Memories, L.L.C. does not accept or process materials of any kind that it deems, in its judgment, to be pornographic or offensive in any way.

Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SECURING MEMORIES, L.L.C. NOR THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES OF ANY KIND AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE, INCLUDING THE PRODUCTS AND SERVICES OFFERED THEREIN, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, INCLUDING THE PRODUCTS AND SERVICES OFFERED THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT SECURING MEMORIES, L.L.C. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SECURING MEMORIES, L.L.C.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR PURCHASING THE PRODUCTS AND SERVICES OFFERED THEREIN. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. SECURING MEMORIES, L.L.C. ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE TO CUSTOMER MATERIALS WHILE IN TRANSIT BY ANY TRANSPORT, MAIL, OR COURIER COMPANY.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SECURING MEMORIES, L.L.C. BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

Monitoring. Securing Memories, L.L.C. shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Securing Memories, L.L.C. shall have the right to remove any material that Securing Memories, L.L.C., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Securing Memories, L.L.C. shall have the right to monitor usage of the Site Tell-a-Friend feature to prevent abuse.

Indemnification. You agree to defend, indemnify and hold harmless Securing Memories, L.L.C. and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Site and the products and services offered therein.

Trademarks. All trademarks appearing on the Site are the property of their respective owners.

Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Securing Memories, L.L.C.. Securing Memories, L.L.C. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Securing Memories, L.L.C. employee spokespersons while acting in their official capacities.

Viruses. Securing Memories, L.L.C. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading or uploading of any materials, data, text, images, video, or audio to or from the Site.

International Use. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Securing Memories, L.L.C. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

Changed Terms. Securing Memories, L.L.C. may at any time revise this Terms of Use Agreement, or impose new conditions, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use Agreement to which you are bound. Your continued use of this Site and the products and services offered therein following the posting of any changes to the Terms of Use Agreement constitutes acceptance of those changes.

Customer Refunds. No refunds shall be granted. However, if customers present a valid claim within 14 days of order receipt, Securing Memories, L.L.C. may correct, fix, or reprocess the necessary elements to customary and reasonable standards, as deemed necessary by Securing Memories, L.L.C.

Miscellaneous. This Terms of Use Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any part of this Terms of Use Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Securing Memories, L.L.C. to exercise or enforce any right or provision of the Terms of Use Agreement shall not constitute a waiver of such provision. This Terms of Use Agreement and the relationship between you and Securing Memories, L.L.C. shall be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflict of law provisions. The section headings used herein are for convenience only and shall not be given any legal import. Securing Memories, L.L.C. has the right to change or discontinue, at any time, any aspect or feature of the Site, including, without limitation, the Content, Site layout and Site design.

Links.

The Site incorporates links to other Web sites (“Linked Sites”). Securing Memories, L.L.C. has not reviewed and does not in any way endorse, nor is it responsible for, the content of or availability of Linked Sites. Your linking to Linked Sites is at your own risk and without the endorsement or liability of Securing Memories, L.L.C.. Visitors to any Linked Site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site. Your correspondence or business dealings with or participation in promotions of third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party. Securing Memories, L.L.C. shall not be liable for any loss or damage of any sort incurred as the result of any such dealings or the result of the presence of such third parties on the Site.
Securing Memories, L.L.C. welcomes links to this Site. You may establish a hypertext link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Securing Memories, L.L.C.. You may not use on your Web site any trademarks, service marks or copyrighted materials appearing on the Securing Memories, L.L.C. Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any Content or other materials on the Securing Memories, L.L.C. Site without prior written consent of Securing Memories, L.L.C..