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Terms of Use

Terms & Conditions

Aquanta LLC ("we," "us" or "Aquanta LLC") owns and operates the PetMemorials.com website including Pet Memorial Mobile (our "Site"), on which we provide a memorial site for pets.

The following describes the terms and conditions of this website and in their entirety constitute an Agreement of use by all visitors to and/or users of this website. Any use of this website at any time means you are agreeing to abide by all terms and conditions which constitute this Agreement. If you do not agree to any or all of this Agreement you may not use this website.

All users of and/or visitors to this website represent and warrant that they are of 18 years of age or older and possess the legal right and ability to agree to this Agreement and to use this website in accordance with these Terms and Conditions.

The Terms and conditions set forth below (the "Terms") govern your use of the Service. By using or accessing the Service, you ("you" and "your") agree to be bound by (1) the Terms and (2) Aquanta LLC privacy policy, available at http://www.petmemorials.com/privacy ("Privacy Policy"). Please read these Terms carefully before using this website including the sections relating to termination, arbitration and class-action waiver. If you do not agree with the Terms or privacy policy, do not access or otherwise use the Site or any information contained herein. We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the postings of changes to these Terms will mean you accept those changes.

This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein whether or not you become a subscriber. If you do not agree with these Terms, do not use or access the Service.

Information and Services that are provided on this Site and Service in a language other than English are only provided as a convenience to you when available. All Services to be provided, all obligations of Aquanta LLC and all communication between the parties with respect to this Agreement will be done in the English language. Webpages which are translated from English to other languages may contain errors/omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.

1. Disclaimer of Warranties

You agree that:

A. If you use our Service, you do so at your own and sole risk. Our Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B. We do not warrant that (a) our Service will meet your requirements, (b) our Service will be uninterrupted, timely, secure, or error-free, (c) any information that you may obtain on our Service will be accurate or reliable, (d) the quality of any products, Services, information or other material purchased or obtained by you through our Service will meet your expectations, (e) any information you provide or we collect will not be disclosed to third parties or (f) any errors in any data or software will be corrected. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail/chat or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any content posted on our Site or transmitted to users, or any interactions between users of the Site, whether online or off-line.

C. If you access or transmit any content through the use of our Service, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content posted on our Site or in connection with the Service, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or off-line, of any user of the Site or the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

D. No data, information or advice obtained by you in oral or written form from us or through or from our Service will create any warranty not expressly stated in these Terms.

E. PetMemorials.com is provided on an "as is" and "as available" basis. Aquanta LLC makes no representations or warranties of any kind, express or implied, as to the operation of PetMemorials.com or the information, content, materials, or products included on or downloaded from PetMemorials.com you expressly agree that your use of PetMemorials.com is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products.

F. To the full extent permissible by applicable law, Aquanta LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Aquanta LLC does not warrant that PetMemorials.com, its servers, e-mail sent from Pet Memorials or information, content, materials or products accessed or downloaded from PetMemorials.com are free of viruses or other harmful components.

2. Limits on Liability

A. You agree that we will not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with (a) the use or inability to use our Service, (b) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Service, (c) disclosure of, unauthorized access to or alteration of your content, (d) statements, conduct or omissions of any Service providers or other third party on our Service, (e) actions or inactions of other users of our Site or our Service or any other third parties for any reason, or (f) any other matter arising from, relating to or connected with our Service or these Terms.

B. We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, Communications Systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

C. In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our Service or these Terms exceed the sum of one hundred ($100) dollars.

D. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of sections 17 (Disclaimer of warranties) and 18 (Limits on liability) may not apply to you.

3. Indemnity

You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, contractors and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine if and how we wish to settle it.

4. Acceptance of Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on or to this Site, you agree to these Terms of Use as a binding legal agreement between you and Pet Memorials, without limitation or qualification.

You agree to provide true, accurate, current and complete information about yourself when creating a user account as prompted by the registration process and to update your information in order to keep such information current. If you provide any information which Aquanta LLC has reason to believe is untrue, inaccurate, incomplete, or not current, Aquanta LLC has the right to terminate your account.

During the registration process, you may be prompted to create a password and a username. Once you have completed the registration process, we will set up a profile/account for you. You are solely and entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.

If you do not agree to these Terms of Use, then you may not use this Site. Pet Memorials reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

5. Privacy

Pet Memorials will not share your personal information with anyone. From time to time you may receive e-mails regarding your account, updates to the Site, changes in policy, special announcements, or offers from other Aquanta LLC associated companies or advertisers on the PetMemorials.com Site. Your registration on the Site constitutes your acceptance of this and all Pet Memorials policies.

6. User License

A. Scope. Pet Memorials grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, or print individual pages of this Site 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 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 from this Site, except as specifically noted above.

Except as specifically authorized by Pet Memorials, you may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site. Pet Memorials 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 this Site or any content contained therein, whether in whole or in part.

Any rights not expressly granted herein are reserved.

B. User Conduct. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use of our Service in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements, (g) "stalk" or harass any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose whatsoever, (j) impersonate any person or identity, (k) remove any copyright, trademark or other proprietary right notices contained in the Service, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing.

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. (Read Section 9 for more information.)

7. Your Interaction with Other Users of our services

A. Your Responsibilities. You are solely responsible for your interactions with other users of our Service including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service.

B. Our Limitations. We will not be responsible for any damage or harm resulting from your use of the Service or interactions with other users of our Service. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. E-mail and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the use of the Service and the content of any communications you may receive from other users.

C. User Disputes. You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

D. Age Limitations. Our Service is intended for persons eighteen years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. By using our Site and/or using the Service, you represent and warrant that you are at least eighteen years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.

8. The Service

There is no entry fee or charge to participate.

User content

A. By submitting any content (including without limitation, a photograph) to our Site, you represent and warrant to us that the content, including a photograph, is posted by you and that you are the exclusive author of the content, including a photograph, and use of your content by us will not infringe or violate the rights of any third party. You waive absolutely any and all moral rights to be identified as the author of the content, including a photograph, and any similar rights in any jurisdiction in the world. By submitting any content (including without limitation a photograph) to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.

B. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that: (a) is libelous, defamatory or slanderous, (b) contains pornographic content, (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group, (d) makes use of offensive language or images or is otherwise patently offensive to the online community, (e) harasses or advocates harassment of another person, (f) involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or Spam, (g) promotes an illegal or unauthorized copy of another person's copyrighted work, (h) characterizes violence as acceptable, glamorous or desirable, (i) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity), (j) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, (k) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (l) provide or promote inaccurate, misleading or false information, (m) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes or (n) contains any identifiable personal contact information (other than for purposes of registration for the Service). If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.

C. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates our user content policy including without limitation, removing the offending communication from the Service and terminating the violator’s access to the Site.

D. We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings, media and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of the Service.

9. Non-Commercial Use

Our Site is for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses should not use the Service or are Site for any commercial purpose. Illegal and, or unauthorized uses of our Site, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.

10. Third-Party Content

In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third-party websites. We do not control Third Party Content and make no representations or warranties about it. You agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content, including without limitation, profiles of other users of our Service.

11. Proprietary Rights

A. You agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors, of publicity, copyright, trademarks, Service marks, patents, and trade secrets or other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service.

B. You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks as meta-tags on other websites. You agree not to display any of our Site in a frame (or any of our content via in-line links) (except for content we provide you for the purpose of sharing, including "widget code" or voting ballot HTML and e-mail content) without our express written permission, which may be requested by contacting us at Aquanta LLC, or PetMemorials.com. You may, however, establish ordinary links to the home page of our Site and voting ballot without our written permission.

12. Username and Password

You will select a username and password when completing the registration process. We may refuse to grant you a username/nickname/login that impersonates someone else, is protected by trademark or proprietary lock, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you logged off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

13. Termination

You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You may terminate your access to the Service by e-mailing us at Pet Memorials [enter e-mail address], or by using the built-in account management tools on the Site. To learn how to terminate, visit the FAQ section of our Site.

14. Discontinuance of Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

15. Blocking of Users and IP Addresses

In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users and/or users from certain IP addresses from accessing our Site.

16. Representations of Warranties

You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use of our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

17. Copyright Policy

The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please e-mail us at Pet Memorials [enter e-mail address] with your notice of infringement.

18. Links

The Service may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external Sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.

19. Applicable Law

You agree that the laws of the state of California USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms of Service. You irrevocably consent to the exclusive jurisdiction and venue of a state or federal court located in Tulare County, California USA for any dispute arising out of and relating to your use of Pet Memorials/PetMemorials.com. You hereby consent and submit to the personal jurisdiction of such court.

20. General

No delay or failure to take action under these Terms of Service shall constitute any waiver by Aquanta LLC of any provision of these Terms of Service.


Please read the Terms of Use document before using this website.

 
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