Website Terms of Use
Updated on March 7th 2024.
The Everlasting Memories Inc. website located at https://www.evrmemories.com/ is a copyrighted work belonging to Everlasting Memories Inc. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use describe the legally binding terms and conditions that oversee your Site use. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS, and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require arbitration Section 10.2 on an individual basis to resolve disputes and limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms: The CompanyCompany grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for personal, non-commercial use.
Certain Restrictions: The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, do derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.
The Company reserves the right to change, suspend, or cease the Site with or without Notice to you. You approved that the Company will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance: You agree that the Company will have no obligation to provide you with any support with the Site.
Excluding any User Content you may provide, you are aware that all the intellectual property rights in the Site and its content are owned by the Company or the Company's suppliers, including copyrights, patents, trademarks, and trade secrets. Note that these Terms and access to the Site do not give you any rights, title, or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads: The Site may contain links to third-party websites and services and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the Company's control, and the Company is not responsible for any Third-Party Links & Ads. The Company provides access to these Third-Party Links & Ads only as a convenience to you. It does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply suitable caution and discretion. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data-gathering practices.
Other Users: Each Site user is solely responsible for its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company will not be responsible for any loss or damage incurred due to such interactions. If there is a dispute between you and any Site user, we are not obligated to become involved.
You, at this moment, release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and at this moment waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you at this moment waive California Civil Code section 1542 in connection with the preceding, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons: Like any other website, Everlasting Memories Inc. uses 'cookies.' These cookies store information, including visitors' preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and other information.
Disclaimers
The Site is provided "as-is" and "as available." Company and our suppliers expressly disclaim any warranties and conditions, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers do not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties concerning the Site, all such warranties are limited to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall the Company or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if Company has been advised of the possibility of such damages. Access to and use of the Site is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system or loss of data resulting from that place.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement will always be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability arising from or relating to this Agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination: Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site violating these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of the User Content associated with your Account from our live databases. Company will not be liable for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy
The Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. Suppose you believe that one of our users is, through our Site, unlawfully infringing the copyright(s) in a work and wish to have the allegedly infringing material removed. In that case, the following information in the form of a written notification (under 17 U.S.C. § 512(c)) must be provided to our Designated Copyright Agent:
Please note that, under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and by prominently posting a Notice of the changes on our Site. You are responsible for providing us with your most current email address. If the last email address you provided us is invalid, our dispatch of the email containing such Notice will nonetheless constitute an effective Notice of the changes described. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of Notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following Notice of such changes shall indicate your acknowledgment of such changes and Agreement to be bound by the terms and conditions of such changes.
Dispute Resolution: Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution: Before either party may seek arbitration, the party must send the other a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. A Notice to the Company should be sent to 2801 Old Airport Rd Great Falls, MT 59404. After receiving the Notice, you and the Company may attempt to informally resolve the claim or dispute. If you and the Company do not resolve the claim or dispute within thirty (30) days after receiving the Notice, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration, as this section outlines. The parties shall agree to select an alternative A.D.R. Provider if A.A.A. is unavailable to arbitrate. The rules of the A.D.R. Provider shall govern all aspects of the arbitration except to the extent such rules conflict with the Terms—the A.A.A. Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the A.A.A. at 1-800-778-7879. A single, neutral arbitrator shall conduct the arbitration. Any claims or disputes where the award sought is less than Ten Thousand U.S. Dollars (U.S. $10,000.00) may be resolved through binding non-appearance-based arbitration at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence unless you reside outside of the United States and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable Notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Suppose the arbitrator grants you an award greater than the last settlement offer the Company made before initiating arbitration. In that case, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the A.D.R. Provider.
Additional Rules for Non-Appearance Based Arbitration: If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and based solely on written submissions; the party initiating the arbitration shall choose the specific manner. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits: If you or the Company pursues arbitration, the arbitration action must be initiated and demanded within the statute of limitations and any deadline imposed under the A.A.A. Rules for the pertinent claim.
Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the A.A.A. Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The arbitrator's award is final and binding upon you and the Company.
Waiver of Jury Trial: THE PARTIES, at this moment, WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a court. Suppose any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award. In that case, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that a judge resolve the dispute.
Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated individually and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality: All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Sever-ability: Suppose any part or parts of this Arbitration Agreement are found under the law invalid or unenforceable by a court of competent jurisdiction. In that case, such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
Right to Waive: Any or all of the rights and limitations outlined in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court: Nonetheless, you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief: Either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration: Notwithstanding the preceding, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the preceding Arbitration Agreement permits the parties to litigate in court, the parties now agree to submit to the personal jurisdiction of the courts located within us County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from the Company or any products utilizing such data, violating the United States export laws or regulations.
The Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications: The communications between you and the Company use electronic means, whether you use the Site or send us emails or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
Entire Terms constitute the entire Agreement between you and us regarding using the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation Suppose." any provision of these Terms is considered invalid or unenforceable. In that case, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. Your relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the preceding will be null and void. Company may freely assign these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.
Your Privacy: Please read our Privacy Policy.
Copyright/Trademark Information: Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
Contact Information
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us at:
Address: Everlasting Memories Inc. 2801 Old Airport Rd Great Falls, MT 59404.
Email: Sales@evrmemories.com. Phone: 1-877-723-4242 Toll Free: 1.877.723.4242