Thank you for visiting Love Lives On website, mobile applications and/or other services. By accessing or using Love Lives On website (including the mobile optimized version of the website), online services, mobile and other applications and social networking platforms (each, a “Site”), whether automated or otherwise, you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site. Please read these Terms of Use carefully before using the Site.

Love Lives On website and/or mobile application is owned or operated by Love Lives On Funeral and Estate Services Inc. (collectively, referred to herein as “we” or “us” or “our”).

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. And when you decide to submit a post or article, or enter a contest, we present the terms and conditions to you.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted.  By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

Rules of Conduct

There are rules of conduct that you are required to follow when you use the Site. You must not:

• “Harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site. The framing, scraping, data-mining, extraction or collection of the Content of this Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.
• Use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
• “Stream catch” (download, store or transmit copies of streamed content).
• Obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
• “Food” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
• Circumvent or reverse engineer the Site or its systems.
• Restrict or inhibit another user or users from using and enjoying the Site.
• Manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees; and
• Impersonate any person, including, but not limited to, other community members or our employees.

If you post something to the Site, such as comments or other content, or on a meme created via Meme-orial, do not post anything that:

• Uses strong, vulgar, obscene or otherwise harmful language.
• Uses racially, ethnically or otherwise, objectionable language
• Infringes any third party intellectual property right (such as copyrights).
• Is defamatory (i.e., something that is negative and untrue about another person or entity).
• Divulges another person’s or entity’s confidential or private information or trade secret.
• Is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory.
• Encourages criminal conduct.
• Contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
• Advertises or solicits business for products or services other than those that are offered and promoted on the Site.
• Contains any virus, malware, spyware or other harmful content or code; and
• Violates any laws or regulations.

You also must comply with all applicable laws and contractual obligations when you use the Site.

Ownership of Site Content and Submissions

We own the intellectual property rights in the content and materials displayed on the Site, (with the exception of images purchased from third party vendors and content that isn’t produced by Love Lives On staff).

You may use the Site (including any content and materials included on the Site) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Registration and Log In

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and email password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Copyright and Trademarks

Ownership of Materials

By using the Site, you acknowledge that everything on this website (including the underlying HTML, text, images, illustrations, designs, icons, audio clips, video clips, documents, products, software and all other website content, is either owned by us or is owned by the original creator or their assignee, in which case we are using the Content under licence or by agreement.

Love Lives On is a trademark or a registered trademark of Love Lives On Funeral and Estate Services Inc. All Love Lives On product names and logos are our trademarks or our registered trademarks.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please contact us.  We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to the Site, but reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

Indemnification

You agree to indemnify, defend and hold us and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable lawyers’ fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. This indemnification and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

Jurisdictional Issues

We control and operate the Site from our facilities in Canada, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in Canada, its territories, possessions, and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Binding Arbitration

You and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms of Use (including the validity, enforceability or scope of this Section), the Site or any content or services thereon (each, a “Dispute”), that cannot be resolved through negotiation in accordance with the “Notice of Dispute; Negotiation” clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that Binding Arbitration will occur in Canada and the Province of Ontario.

Notice of Dispute; Negotiation

IF YOU HAVE A DISPUTE WITH US, YOU MUST GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide written notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration.

Initiation of Arbitration Proceeding

If you or we have a Dispute that has not been resolved within 60 days from receipt of notice of the Dispute, either party can initiate an arbitration proceeding in accordance with the laws of Canada and the Province of Ontario.  You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules and procedures of Canada and the Province of Ontario.

Location of Arbitration

The arbitration proceedings shall be held in Toronto, in the Province of Ontario.

Continuation

This Section shall survive any termination of the provision of the associated services to you.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of Canada and the Province of Ontario, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, you and we nevertheless agree that the arbitrator should endeavor to give effect to intentions reflected in such provision, and the other provisions of these terms and conditions will remain in full force and effect.

Disclaimer of Warranties

The site and its content and any services provided therein are provided for entertainment, educational and promotional purposes. We provide the site on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:

• The site will be available at any particular time.
• The site will meet any particular requirements or provide any particular results.
• The information on the site will be accurate or up-to-date.
• The site or the information transmitted to or from it or stored on it will be secure from unauthorized access.
• Information and materials that you store in your account or on the site will remain retreivable and uncorrupted (unless we promise this in a separate agreement with you); and
• The site will be uniterrupted or error-free or will be free of other harmful components, or that defects will be corrected.

The site and its content and any services provided therein are not intended to, and do not, constitute medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician or other healthcare provider about your specific circumstances, including before starting any treatment, medical or otherwise.

We likewise make no warranties or representations regarding any products or services ordered or provided via the site. Any products and services ordered or provided via the site are provided “as is”, except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us or between you and a third party.

If you purchase a product or service from a third party after following an ad or link on the site, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.

You agree that use of the site is at your own risk. Although we try to ensure that the information posted on the site is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on the site or in correspondence with us or our agents. We are not responsible for any content or materials posted to the site by users, nor for disputes between users, or between users and third parties.

These disclaimers apply to us as well as third parties that are involved in the creation, production or distribution of the site, and any of their employees and agents.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

In no event will we, or any of our directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the site (or the content, materials and functions provided as part of the site), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and of any of our directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the site, will not exceed the amount you have actually paid to us, if any, for use of the site, or, if applicable, for use of the specific site feature or service from which the claim in question first arose.

Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitations may not apply to you. In such jurisdictions, our liability and our directors, officers, employees, agents or content or service providers, is limited to the fullest extent permitted by such jurisdictional law.

Enforcing Security

Actual or attempted unauthorized use of our websites may result in criminal and/or civil prosecution. For your protection and our other users, we reserve the right to view, monitor, and record activity on the website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this website. We will also comply with all court orders involving requests for such information.

Website Processes

The operation of the Website requires that certain processes be carried out and a specific level of interaction proceeds between the parties, e.g. our forwarding of emails to yourself related to your registration and the operational process of our services, for which you are hereby authorizing the Company to undertake in furtherance of the business operations that you have secured from ourselves.

Events Beyond Our Control

You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, actions or inactions of third parties, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Other

These Terms of Use and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Last Updated June 7, 2016