Terms of Use

UPDATED: February 23, 2023

Legacy.com, Inc. (Legacy.com) provides various features and tools that allow users to create and access obituaries, express condolences, share remembrances of friends and loved ones, and send sympathy flowers, trees, and other gifts. Legacy.com offers these features and tools at www.legacy.com and other websites and applications powered by Legacy.com (collectively the “Services”). Please read the following Terms of Use before using the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

ARBITRATION NOTICE. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration as further described in Section 16, and BY ACCEPTING THESE TERMS, YOU AND LEGACY.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE
USER LICENSE
SERVICES CONTENT
TERMINATION AND MODIFICATIONS TO THE SERVICE S
INDEMNITY
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
PERMANENCE OF MATERIAL
MINORS
YOUR ACCOUNT, PASSWORD, AND SECURITY
LINKS AND FARMING
TRADEMARKS
CONSIDERATION
THIRD-PARTY SOFTWARE
ARBITRATION
JURISDICTION, APPLICABLE LAW, AND LIMITATIONS
GENERAL
SMS SERVICES
NOTICE TO CALIFORNIA USERS

1. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and Legacy.com, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who downloads, views, uses, accesses, browses, or submits any content or material to the Services. If, however, you are accessing these Terms of Use from a website operated in conjunction with one of our U.S. newspaper partners and international newspaper partners (collectively, our “Affiliate Newspaper(s)”), the terms of use of the Affiliate Newspaper will govern unless such terms state otherwise.

The Services may contain a social networking and content section called LegacyConnect (“LegacyConnect”). Legacy.com provides LegacyConnect to you using a third-party platform called Ning, created and serviced by Ning, Inc. (“Ning”). By using LegacyConnect, you agree to be bound by these Terms of Use and the Ning Terms of Service. In addition, all rights and licenses you have granted to Ning and all indemnities, duties, and obligations you owe to Ning as expressed under the Ning Terms of Service shall apply equally to Legacy.com, with respect to your use of the Ning services and platform in connection with LegacyConnect, as shall any limitations of liability and disclaimers of warranty. To the extent that there is a conflict between any provisions in these Terms of Use and the Ning Terms of Service as to Legacy.com, these Terms of Use will govern.

If you do not agree to these Terms of Use, then you may not use the Services. Legacy.com may change these Terms of Use at any time. Any change to these Terms of Use will take effect when it is posted to the applicable Legacy.com website. You agree that each time you access the Services, you shall be subject to the then-current Terms of Use and continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. USER LICENSE

a) Scope. Legacy.com grants you permission (which may be revoked at any time for any reason or no reason) to view the Services and to download, integrate via authorized social media application, email, or print individual pages of the Services in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material from the Services in any database, compilation, archive, or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products, or services obtained through the Services, except as specifically noted above. Associated Press text, photo, graphic, audio and/or video material (“AP Materials”) may be accessed through the Services and shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP Material found on this website. The Associated Press will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Except as specifically authorized by Legacy.com, you may not deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. Legacy.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein. Any rights not expressly granted herein are reserved.

b) User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

i) to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Services from the US or the country in which you reside;

ii) not to host, submit content to or use the Services without the consent of a parent, guardian, or educational supervisor if you are under the age of 13 (a “Minor”);

iii) not to use the Services for illegal purposes;

iv) not to commit any acts of infringement on the Services or with respect to the Services content;

v) not to use the Services to engage in commercial activities;

vi) not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line;

vii) not to create or maintain content in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using the Services in that person’s name, and linking to any commercial or other website from the Services;

viii) not to attempt to gain unauthorized access to other computer systems from or through the Services;

ix) not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;

x) not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

xi) not to upload or transmit viruses or other harmful, disruptive or destructive files;

xii) not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Services or affiliated or linked sites (including those of our Affiliate Newspapers),

c) Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.

3. SERVICES CONTENT

a) Nature of User Material. Some features of the Services, including, without limitation the ability to purchase and publish obituaries directly with Legacy.com by Memoriams^TM or otherwise, and/or submit condolence messages via our Guest Book feature, allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”). You agree not to Submit any Material that:

i) contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

ii) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third-party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

iii) unfairly interferes with any third-party’s uninterrupted use and enjoyment of the Services;

iv) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;

v) is intended primarily to promote a cause or movement, whether political, religious or other;

vi) contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;

vii) constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;

viii) discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;

ix) infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

x) contains viruses or other harmful, disruptive or destructive files;

xi) harms or is inappropriate for minors to view;

xii) links to any commercial or other website;

xiii) is not otherwise in compliance with these Terms of Use.

b) User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:

xiv) you are the author of the Material, or the Material is not protected by copyright law, or you have express permission from the copyright owner and owner of rights of publicity (if applicable) to post the Material to the Services; and

xv) you have the right to grant Legacy.com the license set out in these Terms of Use; and

xvi) the Material you Submit does not violate these Terms of Use.

c) User License Grant to Legacy.com You grant Legacy.com, its affiliates (including its Affiliate Newspapers), and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Legacy.com in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Legacy.com to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant Legacy.com and its affiliates (including its Affiliate Newspapers) and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Legacy.com the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. Legacy.com does not claim ownership of Material you Submit to the Services. You consent to receive e-mail messages from Legacy.com from time to time to inform you of products and services that Legacy.com believes may be of interest to you.

d) Disclaimer of Responsibility for Material. You acknowledge and agree that Legacy.com does not control user-generated content or Material Submitted to the Services and disclaims any responsibility for such Material. Legacy.com specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such content, or other Material. In addition, Legacy.com does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Legacy.com assumes no responsibility or liability for any errors or omissions in the content of the Services.

e) Review & Removal of Material.

i) Legacy.com reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or any Material available through the Services that Legacy.com believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. Legacy.com also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or Material available through or Submitted to the Services for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made in connection with Services content that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, Legacy.com, will issue a full refund.

ii) The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by the Services infringes your copyright, you (or your agent) may send Legacy.com a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Legacy.com to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to Legacy.com, Inc, 230 W. Monroe St. Suite 400, Chicago, IL, 60606, Contact Us. Legacy.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.

f) Proprietary Rights. You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Legacy.com All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Services are ©1999-2022 Legacy.com, Inc., all rights reserved.

4. TERMINATION AND MODIFICATIONS TO THE SERVICES

Legacy.com reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, functions, look and feel.

5. INDEMNITY

You agree to indemnify, defend, and hold Legacy.com, its parents, subsidiaries and affiliates (including its Affiliate Newspapers), agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by anyone in connection with your use of the Services, with Material or Information you Submit on or through the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of these Terms of Use, and any other acts or omissions relating to the Services.

6. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY LEGACY.COM, YOU, OTHER USERS, AFFILIATE NEWSPAPERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEGACY.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

7. LIMITATION OF LIABILITY

a) IN NO EVENT SHALL LEGACY.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LEGACY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. LEGACY.COM 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, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. LEGACY.COM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LEGACY.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LEGACY.COM OR A NEWSPAPER AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

b) YOU AND LEGACY.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LEGACY.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

c) IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(a) ABOVE.

8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES

a) You may cancel or terminate your password, account and/or use of the Services, with or without cause at any time, upon providing written notice to Legacy.com If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to Legacy.com of cancellation or termination must be sent via email or conventional mail to Legacy.com’s address as set forth in these Terms of Use.

b) Legacy.com, in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Legacy.com’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Legacy.com’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, Legacy.com reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

c) Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and Legacy.com may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information. Legacy.com accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Legacy.com’s discretion. You agree that Legacy.com shall not be liable to you or any third-party for any termination of your access to any Services.

d) Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Legacy.com

e) In connection with Legacy Memorial Websites, the following terms shall also apply:

i) The creator and manager of a Memorial Website shall be known as the “Site Host.”

ii) The party who pays for the Memorial Website shall be known as the “Site Sponsor.”

iii) Both the Site Host and Site Sponsor shall be governed by these Terms of Use.

iv) The Site Host shall have the right of first refusal to be the Site Sponsor, however, if the Site Host does not choose to become the Site Sponsor following the trial period, if any, Legacy.com may allow another party to become the Site Sponsor. The Site Sponsor’s name will appear on the first page of the Memorial Website after the statement, “Sponsored by….” If a party other than the initial Site Host becomes the Site Sponsor within the trial period, if any, the Site Host may elect to become the Site Sponsor, and Legacy.com shall refund the first Site Sponsor’s fee in its entirety. If the fourteen-day trial period expires without a Site Sponsor, the Memorial Website shall be archived until such time as a Site Sponsor sponsors the Memorial Website.

v) If a Site Host is unwilling or unable to continue to serve as Site Host, said Site Host may notify Legacy.com in writing of his/her intention to cease serving as Site Host and to appoint a new Site Host. Legacy.com may (but is not obligated) to inquire in writing whether a Site Host intends to continue to serve as Site Host. If the Site Host does not appoint a new Site Host, Legacy.com may notify the Site Sponsor, if different from the Site Host, to request the appointment of a new Site Host. Thereafter, if the Site Sponsor does not appoint a new Site Host, Legacy.com may, at its discretion, at any time, archive the Memorial Website until such time as a new Site Host requests permission to become the Site Host of the Memorial Website.

vi) Legacy.com does not screen and is not otherwise obligated to screen Material posted to a Memorial Website. Legacy.com reserves the right, however, to remove any Material posted to a Memorial Website if said Material does not otherwise comport with these Terms of Use.

f) In connection with Legacy by Memoriams^TM or otherwise, if you canceled an obituary prior to deadline, a refund will be issued through the original payment method. Refunds may take 3 business days to appear on the card. In general, obituaries are not eligible for revision or cancellation after the publication’s deadline. Contact the Legacy.com Support team if you have questions.

9. PERMANENCE OF MATERIAL

Subject to its suspension, cancellation, and termination rights and rights to remove Material, Legacy.com represents that the Services content sponsored as “permanent” will remain available through the Services for the duration of Legacy.com’s existence, and that each Guest Book sponsored as “one year” will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Legacy.com cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services content that you sponsored, or any other service to which you subscribed. You may at any time ask Legacy.com to delete without charge the Services content, or other service that you sponsored or purchased.

10. MINORS

The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian, or educational supervisor to use the Services.

Pursuant to 47 U.S.C. Section 230 et seq, as amended, Legacy.com hereby notifies You that parental control protection (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors.

11. YOUR ACCOUNT, PASSWORD, AND SECURITY

a) Some features of the Services may require you to register and/or create an account with Legacy.com During this process, you must select an account designation and password and provide certain personal information to Legacy.com, including a valid email address. In consideration of the use of Legacy.com’s Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Legacy.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Legacy.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

b) You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (i) immediately notify Legacy.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (ii) ensure that you exit from your account at the end of each session. Legacy.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

12. LINKS AND FARMING

As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with Legacy.com while others are not. Legacy.com is not responsible for the contents of any website pages created and maintained by organizations independent of Legacy.com Visiting any such third-party website pages is at your own risk. Legacy.com has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Legacy.com By using the Services, you acknowledge that Legacy.com is responsible neither for the availability of, nor the content located on or through any third-party website pages.

13. TRADEMARKS

LEGACY.COM®, LEGACY®, WHERE LIFE STORIES LIVE ON®, OBIT FINDER®, OBITWRITER®, MOVING TRIBUTES®, TRIBUTES.COM®, MY MEMORIALS®, OBITNETWORK®, OBITMESSENGER®, are registered trademarks of Legacy.com. MEMORIAMS™ is a common law trademark of Legacy.com’s affiliate, AdPay, Inc. Such trademarks and other marks, logos, and names of Legacy.com or its affiliates, used on or in connection with the Services may not be used in connection with any product or service that is not under Legacy.com’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Legacy.com or its affiliates. All other trademarks not owned by Legacy.com or its affiliates (including its Affiliate Newspapers) that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Legacy.com or its affiliates (including its Affiliate Newspapers).

14. CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, Material and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

15. THIRD-PARTY SOFTWARE

If you elect to download or access any third-party software that Legacy.com makes available in connection with the Services, you understand that you may have to agree to that third-party provider’s terms of use or license before you use such software. You also agree that the use of any third-party software or content obtained in connection with the Services does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third-party provider’s terms of use or license agreement. By downloading software made available through the Services, you are deemed to agree to the third-party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the third-party’s terms of use or license agreement, do not download its software.

16. ARBITRATION

a) Generally. In the interest of resolving disputes between you and Legacy.com in the most expedient and cost effective manner, and except as expressly described herein, you and Legacy.com agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LEGACY.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b) Exceptions. Despite the provisions of this Section, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

c) Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms of Use by sending a letter to Legacy.com, Attention: Chief Executive Officer – 230 West Monroe Street, Suite 400, Chicago, Illinois 60606 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Legacy.com receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms of Use will be resolved as set forth in Section 17 (“Governing Law”) The remaining provisions of these Terms of Use will not be affected by your Opt-Out Notice.

d) Arbitrator. Any arbitration between you and Legacy.com will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at https://www.adr.org/, by calling the AAA at +1-800-778-7879, or by contacting Legacy.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

e) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Legacy.com’s address for Notice of Arbitration is: Legacy.com, 230 West Monroe Street, Suite 400, Chicago, Illinois 60606, ATTN: Chief Executive Officer: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Legacy.com may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Legacy.com must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Legacy.com in settlement of the dispute prior to the award, Legacy.com will pay to you the higher of: (c) the amount awarded by the arbitrator and (d) US$10,000.

f) Fees. If you commence arbitration in accordance with these Terms of Use, Legacy.com will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence or billing address, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your permanent residence. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Legacy.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

g) No Class Actions. YOU AND LEGACY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Legacy.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

h) Modifications to this Arbitration Provision. If Legacy.com makes any future change to this arbitration provision, other than a change to Legacy.com’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Legacy.com’s address for Notice of Arbitration, in which case your account with Legacy.com will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

i) Enforceability. If Section 16(g) (“No Class Actions”) or the entirety of this Section is found to be unenforceable, or if Legacy.com receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms of Use.

17. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

The Services are created and controlled by Legacy.com in the State of Illinois, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Legacy.com makes no claims or assurances that the Services are appropriate or may be downloaded outside of the United States. If you have opted out of arbitration under Paragraph 16(c) of these Terms of Use, you agree that all legal proceedings arising out of or in connection with these Terms of Use or the Services must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

18. GENERAL

a) Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

b) Entire Agreement. Except as expressly provided in a particular “Legal Notice” or other notice on particular pages of the Services, these Terms of Use, which hereby incorporate by reference the terms of Legacy.com’s and Ning’s Privacy Policies, constitute the entire agreement between you and Legacy.com, superseding all prior agreements regarding the Services.

c) No Waiver. The failure of Legacy.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

d) Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

e) Contact Legacy.com. For purposes of providing notice of cancellation or termination, contact Legacy.com at Contact Us or Legacy.com, Inc, 230 W. Monroe St. Suite 400, Chicago, IL 60606.

19. SMS SERVICES

If Legacy.com determines to communicate with you via text message, you consent to receive text messages from Legacy.com. Depending on your phone plan, additional rates may apply to such messages. Legacy.com reserves the right to begin, suspend or stop your receipt of Legacy.com text messages or to discontinue sending text messages.

20. NOTICE TO CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.