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. 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
