Terms of Use

These Terms of Use shall govern the use of the services (the "Service") offered by Heart2Soul, LLC ("Heart2Soul") at Heart2Soul's web site, and all associated web pages, applications and services (the "Site"). Please read these Terms of Use before using the Site. Use of the Site constitutes an agreement to all terms and conditions in these Terms of Use. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or the Privacy Policy, do not use the Site or the Service. These Terms of Use are subject to change at any time, effective upon posting on the Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

General Terms

Heart2Soul's purpose is to educate, offer planning information and connect people. Heart2Soul is the resource to turn to when you need funeral-related education, planning and support. It's a place to learn about funeral traditions and etiquette, so you know what to say and do. Where you can show support to a family who is grieving. Where you can connect with family and friends near and far during a difficult time. And where you can find resources to help plan a funeral. We are not funeral directors. Our goal is to help family and friends find answers at a time when there are so many questions. And to educate everyone as they navigate their way through this difficult life event.

Heart2Soul provides an informative resource as well as a commercial and social networking platform for enabling the connection between individuals as they navigate the very sensitive, very personal experience of the death of a friend or loved one (the users, together with all other visitors to the Site, "Users"). Users do hereby represent, understand and expressly agree that Heart2Soul does not have control over the quality, timing, legality or any other aspect whatsoever of the actions or statements of any Users. All Users do hereby expressly agree not to hold Heart2Soul (or Heart2Soul's officers, members, managers, directors, agents, assigns, representatives, advertisers or employees) liable for any claims relating to or resulting from any products or services which originated through or is otherwise relating to any content posted to the Site or any relationships or other contact initiated through the Site and Heart2Soul expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

The Site is intended for individual Users only. Registration by a business or for any commercial purposes will be permitted only on a case-by-case basis.

Public Areas

At any given time, the Site may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively "Public Areas") that allow a User to communicate with any other User. Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that Heart2Soul finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. Heart2Soul reserves the right to revoke or suspend the privilege of any User to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful video, audio, topic, name, material or information.
  • Use the Site for any purpose which is in violation of local, state, national, or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, corrupted files, or any other similar software or services that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services in a manner that is false, deceptive or misleading or constitutes "bait and switch."
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
  • Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
  • Restrict or inhibit any other User from using and enjoying the Public Areas.

All videos, messages, files, photos, sounds and other materials posted by a User are the sole responsibility of such User. Heart2Soul is not responsible for any content made available through the Site. Users may be exposed to offensive, indecent, inaccurate, misleading, or otherwise objectionable material on the Site. Each User bears all risk associated with the use of such content. Heart2Soul does not pre-screen or approve any content provided by Users yet retains the right (but not the obligation) to remove any content from the Site.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account. Heart2Soul has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any User suspect that any unauthorized party may be using their account, User does hereby agree to contact Heart2Soul immediately. Links (such as hyperlinks) from Heart2Soul to other sites on the web do not constitute the endorsement by Heart2Soul of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that Heart2Soul does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) does not mean that Heart2Soul endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by Heart2Soul's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. Heart2Soul expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All Users do hereby agree to hold Heart2Soul harmless from any liability that may result from the use of links that may appear on the Site.

COPPA Compliance

Heart2Soul is intended for people 18 or older. We have also made an effort to specifically limit Heart2Soul's appeal to people age 18 or older. Heart2Soul will not knowingly collect any information from children under the age of 18. You must acknowledge that you are over 18 years old and accept the terms of use for Heart2Soul.com during the registration process. Heart2Soul takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Heart2Soul does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.

Specific Terms and Conditions

Eligibility

The Site is intended for use by individuals only. Registration on (and use of) the Site is not intended for minors under the age of eighteen (18). Heart2Soul does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site regarding age or otherwise. Users do hereby represent, understand, and agree to forever release and hold Heart2Soul harmless from any misstatements and/or misrepresentations made by any Users of this Site.

Release

In the event that you have a dispute with one or more Users, you hereby forever release and hold Heart2Soul (and our officers, managers, directors, members, agents, investors, subsidiaries, and employees) harmless from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to Heart2Soul in connection with their registration for and use of the Site. Heart2Soul is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant Heart2Soul an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in Heart2Soul's Privacy Policy, any submissions to Public Areas will be public, and Heart2Soul will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Your Information

"Your Information" is defined as any information you provide to us or other Users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to Heart2Soul that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Heart2Soul or cause Heart2Soul to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable Heart2Soul to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. Heart2Soul will only use Your Information in accordance with our Privacy Policy.

No Liability

Users agree not to hold Heart2Soul, Heart2Soul's agents and employees, officers, directors, corporate partners, or participants liable for (i) any advice or services delivered which originated through the Site or otherwise were provided by a User or (ii) for any content posted on the Site by any User. Users release Heart2Soul and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification

By agreeing to the terms of these Terms of Use, Users agree to indemnify, defend, and hold harmless Heart2Soul, its directors, managers, officers, members, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "Heart2Soul Parties") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Heart2Soul Parties and affiliates in connection with any claim by a third party (including, but not limited to, an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Heart2Soul Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Heart2Soul Parties. Users further agree to hold harmless Heart2Soul Parties and affiliates, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site.

Effectiveness; Termination

These Terms of Use will become effective immediately upon any use by any User of the Site. Heart2Soul may terminate a User's membership in the Service by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, Heart2Soul may terminate a User's membership in the Service immediately for any breach of these Terms of Use or any applicable policy of Heart2Soul as posted on the Site from time to time. All decisions regarding the termination of accounts shall be made in the sole discretion of Heart2Soul. Heart2Soul is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Heart2Soul is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, these Terms of Use will remain enforceable against such terminated User. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination.

Intellectual Property Rights

Each User agrees and acknowledges that all video, messages, postings, files, images, photos, sounds or materials posted on, linked from or transmitted through the Site by any User are the sole responsibility of such User and such User is the owner of such content and has the authority to post all such material to the Site. Notwithstanding the foregoing, all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site that is provided by Heart2Soul is owned by Heart2Soul or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Heart2Soul owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Except as expressly provided in the Terms of Use, Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Heart2Soul's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Heart2Soul and/or the relevant right holder.

Notice of Trademark Rights

The service marks and trademarks Heart2Soul and the Heart2Soul logo are service marks owned by Heart2Soul. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of Heart2Soul and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

Privacy

Heart2Soul's Privacy Policy located on this Site as modified by Heart2Soul from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

Copyright Complaints and Copyright Agent

Heart2Soul respects the intellectual property of others, and asks Users to do the same. Heart2Soul is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, Heart2Soul asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide Heart2Soul's Copyright Agent with the following information:

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow Heart2Soul to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Heart2Soul's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, Heart2Soul, LLC, 51 JFK Parkway, First Floor West, Short Hills, NJ 07078. Heart2Soul will terminate access to the Site of those who engage in repeated acts of infringement.

Limited License

Heart2Soul grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.

Modifications to the Site

Heart2Soul reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that Heart2Soul shall not be liable to User or any third party for any modification or discontinuance of the Site.

User Account, Password and Security

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or Heart2Soul for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Heart2Soul of any unauthorized use of User's password or account or any other breach of security.

No Agency

Users are not legally affiliated with Heart2Soul in any way by virtue of their membership or usage of this Site and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. Heart2Soul is not an employment service and does not serve as an employer of any User that may use this Site. Heart2Soul is only a venue for connecting Users. As such, Heart2Soul expressly disclaims any liability that may arise between Users of its Site or between a User and any third party.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER HEART2SOUL NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. HEART2SOUL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HEART2SOUL NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. HEART2SOUL AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. HEART2SOUL AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD HEART2SOUL OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. HEART2SOUL AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Limitation of Liability

Under no circumstances will Heart2Soul or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of these Terms of Use or any violation of any provision of these Terms of Use. Furthermore, the aggregate liability of Heart2Soul or its affiliates arising with respect to these Terms of Use and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bergen County, New Jersey and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Heart2Soul may seek any interim or preliminary relief from a court of competent jurisdiction in Bergen County, New Jersey necessary to protect the rights of property for you or Heart2Soul pending the completion of arbitration.

General Provisions

Failure by Heart2Soul to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Heart2Soul, shall be exclusively brought in the federal, state, or local courts located in Bergen County, New Jersey; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and Heart2Soul with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Heart2Soul, its successors and assigns.

Last Revision: July 23, 2011