TERMS AND CONDITIONS:
Your access to and use of the Tree of Memories (“Website” and “Application”) is subject to the following terms and conditions (the “Terms”), in addition to applicable laws and regulations in the United States of America This Agreement is legally binding between you ("User", "you" or "your") and Tree of Memories. By accessing the Website and Application, these Terms apply in full force and effect and you expressly accept all terms and conditions contained herein in full. You must not use Tree of Memories, if you have any objection to any of these Terms. Your browsing and use of the Website and Application means you have unconditionally accepted these terms and conditions.
Tree of Memories reserves the right to amend the Terms of use of this Website and Application and you agree to be bound by these amendments. Please note that other websites and pages linked to this Website and Application may be subject to separate terms and conditions. Please visit the respective websites to view their terms of conditions.
Tree of Memories is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services (defined hereunder), may require effecting certain changes in it, therefore, Tree of Memories reserves the right to suspend/cancel, or discontinue any or all Services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Website and Application without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time.
Purpose of Tree of Memories Website and Application
The goal of Tree of Memories is to offer our users an experience to share their memories with loved ones - sharing the memorial (the “Services”). The Website and Application offer Users a personalized experience at their preferred restaurants partnered (“Partner Restaurants”) with Tree of Memories.
Restriction
The Services are for individuals 18 years of age and older. If you are under the age of 18, you must review this Agreement with a parent or guardian and receive explicit permission before using the Services.
Support
Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean that we will continue to provide you with support in the future
Conduct and Behavior:
You agree to access and use the Website and Application for lawful purposes only, and to be fully responsible for your knowledge of and compliance with all laws, regulations, and rules regarding your use. Just by accessing the Website and Application, you agree not to perform any of the following:
1. Use of the Website and Application for the purpose of committing a crime or encouraging others to engage in any conduct that would lead to committing a crime or involves civil liability.
2. Publishing or posting of any unlawful content that includes discrimination, defamation, libel, slander, obscene material, pornographic material, or any other unlawful topic.
3. Use of the Website and Application to impersonate other parties or entities.
4. Use of the Website and Application to upload any material containing software virus, Trojans, or any other codes, files, or software that may alter, destroy, or stop the functions of the Website and Application, devices, or software belonging to any other person who may access the Website and Application.
5. Use of the Website and Application in any other way that is, or may be, damaging to the Website or Application.
6. Use of the Website and Application in any way that impacts User’s access to the Website or Application.
7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website and Application, or while using the Website or Application.
8. Uploading, entering, emailing, or copying of any material you are not entitled to send under any law or contractual relationship;
9. Alteration, destruction, or deletion of any content posted on the Website and Application;
10. Disruption or impedance of normal communication channels in any way possible.
11. Claiming of a relationship with or representation of any company, association, or organization without being authorized to do the same.
12. Posting or sending of any advertisements, unwanted marketing material, or any other form of promotion.
13. Posting of any materials which violate or interfere with the Intellectual Property Rights of others.
14. Collection or storage of the personal information of others.
Login
Some sections of the website and application are only available to logged Users and/or allow Users to request support or services online by entering personal information. You hereby agree that any information provided to use such sections is complete and accurate, that you will not log in or attempt to access the Website and Application using the login information of another person, and that you will not adopt a user name which Tree of Memories may deem inappropriate.
Termination of Access to Website and Application
Tree of Memories shall be entitled, in its sole discretion, to terminate or suspend your access to or use of this Website and Application without any prior notice or warning, for any reason whatsoever, including the violation of the terms and conditions or any conduct or behavior which Tree of Memories believes to be, in its sole discretion, unlawful or harmful to others.
In the event of termination of use, you will not be allowed to access the Website and Application again, and Tree of Memories will use the right to resort to any means possible to implement such termination.
Content
Tree of Memories reserves the right to monitor any content you enter. However, it is not obligated to do so. Although Tree of Memories cannot monitor everything entered on the Website and Application, we reserve the right (without obligation) to delete, remove, or edit any material entered that violates their terms and conditions. The US and foreign copyright laws and international treaties protect the contents of this Website. You agree to be bound by copyright notices that appear on this Website.
Images
All images pertaining to, without limitation, shared by App users for memorials or added by Funerla home admin only. Under no circumstances whatsoever, shall Tree of Memories be liable for any claims of misrepresentation based upon the reliance of these images.
Indemnification
You agree to indemnify, defend and hold Tree of Memories and all of its employees and agents harmless from and against any and all liability, including attorneys' fees and costs, incurred in connection with any claim arising out of any breach by you of these Terms and Conditions. You shall cooperate fully in the defense of any such claim in accordance with the rules and regulations of Tree of Memories. The latter reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Tree of Memories.
Limitation of Liability
Under no circumstances whatsoever, will Tree of Memories be liable for any accidental, indirect, special, or punitive damages that may arise as a result of your use or inability to use the Website and Application, including but not limited to the loss of income or expected profits, loss of reputation, loss of business, loss of data, computer malfunction, or any other damages. Notwithstanding anything contained herein to the contrary, our liability for the losses or damages, if any, caused to you or anyone else shall be limited to the revenue earned by us for your transaction, in question.
Tree of Memories’s shall not be held liable for any claims arising from the failure to provide the Services under this Agreement if such a claim is attributable to the failure, breach, negligence, act or omission of any third party or the Partnered Restaurants.
No warranties
This Website is provided “as is”, and Tree of Memories makes no express or implied representations or warranties, of any kind related to the Website or Application or the materials contained in the Website or Application. Additionally, nothing contained within the Website of Application shall be construed as providing consult or advice to you.
Waiver
Neither you, Tree of Memories nor the Partner Funeral homes shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
Intellectual Property
Unless otherwise stated, all Intellectual Property Rights (including trademarks and copyrights) found on this Website and Application are either owned, controlled, licensed or otherwise permitted to be used by Tree of Memories. As such, the act of consolidation and arrangement of all content on the Website and Application is the sole property of Tree of Memories and is protected by copyright laws. Tree of Memories retains all Intellectual Property Rights in all materials on the Website and Application. The names, trademarks, and logos found on the Website and Application and in the materials therein are owned and licensed for Tree of Memories, unless otherwise stated. The use of these trademarks is prohibited without permission from Tree of Memories. Tree of Memories may, in appropriate circumstances and at our sole discretion, disable, terminate and/or take other appropriate steps relating to users who may be infringers.
Law and Jurisdiction
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Unites States of America, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate court of law in the Unites States of America.
Entire agreement
This Agreement constitutes the whole agreement between the Parties and supersedes any arrangements, understanding or previous agreement. For the avoidance of any doubt, all such previous arrangements, understandings, agreements whether written or oral or otherwise are hereby deemed cancelled and nullified and of no legal or other consequence
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Tree of Memories and you shall have no authority to bind Tree of Memories in any form or manner, whatsoever.
Variation of Terms
Tree of Memories is permitted to revise these Terms at any time as it sees fit, and by using the Website or Application you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.