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[print
a copy] Online Memorials, memorial tribute
videos, personal tributes, and memorial gifts,
offer a unique way to memorialize a lost loved
one for years to come. Precious Memories &
More (PM&M) is a DBA of Integrated Learning
Technology, Inc., established to offer a unique
way to help survivors through the grieving process
by creating tributes of loved ones to preserve
their memory for years to come, because memories
should last forever. PM&M uses and maintains
various websites including www.thegraduationstation.com,
www.ourgrad.com,
www.preciousmemoriesandmore.com,
www.goodbyes.org,
www.e-sympathycards.com,
www.e-graduationcards.com, and www.e-celebrations.org.
All terms including herein apply to any and all
of our services regardless of which website you
are using. We are committed to having 100%
Customer Satisfaction. If you are not completely
satisfied with your Online Memorial, Precious
Memories and More will refund the purchase price
of your memorial within 30 days of posting at
which time we will delete your tribute/memorial
from our servers.
As with any business venture it is necessary
to set up the terms of use. PLEASE READ THE FOLLOWING TERMS OF USE
AND DISCLAIMER CAREFULLY BEFORE USING THE PRECIOUS
MEMORIES AND MORE WEBSITE. By using this site,
you agree to these terms of use. If you do not
agree to these terms, we encourage you to not
use this site. Precious Memories and More reserves
the right to modify, alter, or update these Terms
of Use at any time, and you agree to be bound
by such modifications, alterations, or updates.
OWNERSHIP
While Precious Memories and More maintains the
copyright of any product we develop, any online
memorial created as a result of the purchase of
this service will be considered "owned"
by the purchaser for the time period specified
in the order. During that time, photos and tributes
will be added only after authorization of that
individual. We understand that there may be times
when one individual purchases a site and another
would like to add to that site, we cannot get
in the middle of family disputes. As such, we
will maintain a policy that the individual who
purchases the site will maintain control of what
can be added.
PHOTOS
At Precious Memories and More, we take great care
in the handling of your photographs. The process
of scanning photographs is simple and will not
damage or diminish the quality of your original
photos in any way. HOWEVER, we cannot be held
responsible for the handling of your materials
in transit to and from our facility. We strongly
recommend that you do not send original, irreplaceable
photographs in the mail. If you only have one
copy, your local photo developer will be able
to make copies of your photographs from the original
for a very reasonable fee.
By submitting your photographs for any
purchases from Precious Memories and More you are
granting permission for use of these photos and also
granting permission from any person in these photos
to be used in print, video or online. Copyrighted
photos can not be reproduced. By submitting photos
to Precious Memories and More, you are certifying
that such photos are not protected by copyright laws.
TERMS OF SERVICE
It is our intent to keep Precious Memories and More
Online Memorials as long as the company remains operational
and in business. In the unlikelihood the company be
forced to go out of business, Precious Memories and
More retains the right to discontinue service and
shut down the site, without refund of the customer's
fee(s). The perpetual Online Memorials guarantee that
a memorial will remain online as long as Precious
Memories and More remains in business. Precious Memories
and More will not be responsible for the web hosting
fees associated with maintaining an Online Memorial
if it is forced to go out of business.
Over the course of time, all web servers
experience down time. Precious Memories and More will
not be held responsible for the temporary unavailability
of Online Memorials due to web server downtime, database
crashes, internet traffic jams, or other technical
difficulties.
USE OF GUEST BOOKS
Precious Memories and More designed the Online Memorials
with privacy in mind. This is why each Memorial has
it's own web address. Only individuals invited to
view a memorial have access to Guest Books. As such,
we will not be responsible for any postings or links
to any memorial. If at any time you find any offensive
postings or links please contact us immediately at
abuse@preciousmemorisandmore.com
and we will remove them from the site.
Precious Memories and More assumes no
responsibility for the accuracy, currency, completeness
or usefulness of information, views, opinions or advice
in any material posted in a Guest Book. In addition,
it does not endorse any opinions or recommendations
posted by others. The information posted there is
the responsibility of the person or persons posting
the message. Any user who violates the terms and conditions
listed herein may be permanently banned from posting
messages herein. Further, Precious Memories and More
reserve the right to change these terms and conditions
at any time and for any reason.
You are entirely responsible and liable
for any message you post or any message that is posted
to your memorial. You agree to refrain from the following
actions while using a Guest Book on our servers:
1. transmitting any information, data,
text, files, links, software, chat, communication
or other materials that are unlawful, harmful, threatening,
abusive, invasive of another's privacy, harassing,
defamatory, vulgar, obscene, hateful or racially or
otherwise objectionable;
2. impersonating any person, including
but not limited to a Precious Memories and More employee;
3. harassing, threatening, embarrassing
or causing distress or discomfort upon another individual
or entity;
4. posting or transmitting third-party
copyrighted information or in any way infringing on
the intellectual property rights, contractual or fiduciary
rights of others;
5. posting or transmitting any advertising,
promotional materials, or any other forms of solicitation,
including but not limited to "junk mail,"
"spam," "chain letters," or unsolicited
mass distribution of email;
6. starting a thread on a Guest Book
that has to do with a stock or stocks (any message
found under such thread may be deleted without prior
notice);
7. providing false information on your
registration form, or impersonating someone else.
8. posting improper messages that are
not related to that particular person or posting more
than 20 messages in any six hour period;
9. violating any applicable local, provincial,
state, national or international law.
You agree that Precious Memories and
More, in its sole discretion, may remove posts by
you or terminate your use if it believes that you
may have in any way violated the terms and conditions
contained herein, or any subsequent modifications.
Any suspected fraudulent, abusive or illegal activity
may be grounds for termination of your Memorial and
may be referred to appropriate law enforcement authorities.
Precious Memories and More shall not be liable to
you or any third party for the termination of your
Memorial or any claims related to your termination.
Precious Memories and More does not prescreen, monitor
or edit messages posted on its Guest Books. Nonetheless,
Precious Memories and More reserves the right to monitor
or remove any information transmitted or received
through the Guest Books. We rely on our users to bring
violations to our attention, although we do not guarantee
any action based upon such information.
Should you object to any of the terms
and conditions set forth herein or any subsequent
modifications or become dissatisfied with the Guest
Book in any way, your only recourse is to immediately:
(1) discontinue use of the Guest Book; (2) terminate
your memorial; and (3) notify Precious Memories and
More of termination by sending an email to webmaster@preciousmemoriesandmore.com.
Continued use of the Guest Book is an acceptance of
the terms of use and any subsequent changes.
In response to concerns about protecting
children's privacy online, and in accordance with
the U.S. Congress enacted the Children's Online Privacy
Protection Act of 1998 ("COPPA"), Precious
Memories & More specifically requests that children
under the age of 13 who use a Guest Book not fill
in their e-mail address when submitting a comment.
DISCLAIMER OF GUEST BOOK
YOU EXPRESSLY AGREE THAT USE OF GUEST BOOKS CONTAINED
ON OUR SERVERS AND YOUR ONLINE MEMORIAL IS AT YOUR
OWN RISK. PRECIOUS MEMORIES AND MORE SHALL NOT BE
RESPONSIBLE FOR ANY CONTENT FOUND ON THESE GUEST BOOKS.
PRECIOUS MEMORIES AND MORE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER STATED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PRECIOUS MEMORIES AND MORE MAKES NO WARRANTY THAT
ITS GUEST BOOKS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL,
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE GUEST BOOKS ON THIS WEB SITE OR YOUR
MEMORIAL IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PRECIOUS MEMORIES AND MORE, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY
RESULTING FROM THE USE OF THE GUEST BOOKS CONTAINED
ON ITS WEB SITE OR YOUR MEMORIAL, OR FOR ANY DECISION
MADE OR ACTION TAKEN BY YOU IN RELIANCE ON CONTENT
CONTAINED IN ITS PURCHASED MEMORIAL WEB SITES / NOTICES,
AND/OR GUEST BOOKS. PRECIOUS MEMORIES AND MORE, ITS
OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES,
SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNITY
Precious Memories and More is not responsible for
wrongful actions of our users and cannot and will
not be held accountable for any such actions. All
users must accept responsibility for their own acts.
Any act by a user that damages another may not be
asserted against us, and Precious Memories and More
takes no responsibility for such acts.
By use of our services, you agree that
we will not be responsible to you for any damages
or losses in excess of any monies you paid to us.
This limitation bars recovery, other than expressly
provided here, for any type or nature of damages or
losses including but not limited to direct, indirect,
consequential, incidental, special, exemplary or punitive
damages or losses you may incur in connection with
our system or any of the data or other materials transmitted
through or residing on our system, even if we have
been advised of the possibility of such damage or
loss. In addition, you agree to indemnify PM&M
and hold us harmless from and against any and all
claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable
attorney fees) relating to any acts by you or materials
or information transmitted by you in connection with
our system leading wholly or partially to claims against
us or our system by other users or third parties.
We are providing the Precious Memories
Online Memorial web site to you "AS IS"
and make no implied warranties of merchantability,
fitness for a particular purpose, title, or non-infringement.
We also do not guarantee continuous, uninterrupted,
or secure access to our services, since operation
of our web site may be interrupted by numerous factors
outside of our control.
The above "Limitations of Liability"
and "Indemnity" provisions shall also apply
to a duly authorized third party agent of Precious
Memories and More (such as a funeral home or other
entity) provided that a valid agreement for distribution
exists between the third party and Precious Memories
and More.
CHOICE OF LAW
Our system can be reached by any computer that can
access the World Wide Web. Each state and country
has its own laws. To avoid all parties being subject
to each of those multiple laws, it is agreed that
the substantive law of Pennsylvania, U.S.A. (without
regard to its conflict-of-laws provisions), will apply
to all matters relating to this contract and to our
system and that the United Nations Convention on the
International Sale of Goods does not apply. In addition,
you agree and consent that any dispute between you
and us must be resolved by mediation or binding arbitration
in Philadelphia, Pennsylvania, U.S.A. pursuant to
the rules of the American Arbitration Association.
GENERAL
This document sets forth the entire understanding
between you and PM&M regarding the subject matter
of our agreement. If any provision of this contract
is held to be invalid or unenforceable, that provision
will be struck and the remaining provisions enforced.
If either you or PM&M fail to notify
the other of any violations of this contract, this
will not mean that either party cannot notify the
other of future violations of any part of this contract.
PM&M's failure to act with respect to a breach
by you or others does not waive our right to act with
respect to subsequent or similar breaches.
PRIVACY POLICY
Information Collection and Use
Integrated Learning Technology, Inc. DBA Precious
Memories and More is the sole owner of the information
collected on this site. We will not sell, share, or
rent this information to others in ways different
from what is disclosed in this statement. Precious
Memories and More, collects information from our users
at several different points on our website.
Order Forms
We request information from the user on our order
form. Here a user must provide contact information
(like name and shipping address) and financial information
(like credit card number, expiration date). This information
is used for billing purposes and to fill customer's
orders. If we have trouble processing an order, this
contact information is used to get in touch with the
user.
Links
This web site may contain links to other sites. Please
be aware that Precious Memories and More is not responsible
for the privacy practices of such other sites. We
encourage our users to be aware when they leave our
site and to read the privacy statements of each and
every web site that collects personally identifiable
information. This privacy statement applies solely
to information collected by this Web site.
Children's Privacy (Users under
the age of 13)
In response to concerns about protecting children's
privacy online, the U.S. Congress enacted the Children's
Online Privacy Protection Act of 1998 ("COPPA"),
which sets forth rules and procedures governing the
ways in which Web sites may collect, use and disclose
any personal information for children under the age
of 13. In accordance with Precious Memories and More's
policies and COPPA regulations, we DO NOT:
u Request
or knowingly collect personally identifiable online
or offline contact information from users under 13
years of age;
u Knowingly
use or share personal information from users under
13 years of age with third parties;
u Give children
the ability to publicly post or otherwise distribute
personally identifiable contact information;
u Entice children
with the prospect of a special game, prize or other
activity to divulge more information than is needed
to participate in the activity.
SECURITY
This website takes every precaution to protect our
users' information. When users submit sensitive information
via the website, your information is protected both
online and off-line.
When our order form asks users to enter
sensitive information (such as credit card number),
that information is encrypted and is protected with
the best encryption software in the industry - SSL.
While on a secure page, such as our order form, the
lock icon on the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes
locked, as opposed to un-locked, or open, when you
are just 'surfing'.
While we use SSL encryption to protect
sensitive information online, we also do everything
in our power to protect user-information off-line.
All of our users' information, not just the sensitive
information mentioned above, is restricted in our
offices. Only employees who need the information to
perform a specific job (for example, our billing clerk
or a customer service representative) are granted
access to personally identifiable information.
E-SYMPATHY CARDS TERMS OF USE
Terms of Service
This is to notify you that by sending an E-Sympathy
Cards you thereby agreeing to the notice below.
1. E-Sympathy Cards User will not transmit through
the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature.
2. E-Sympathy Cards User agrees not to use the service
for illegal purposes.
3. E-Sympathy Cards User will not use the service
for chain letters, junk mail, spamming or any use
of distribution lists to any person who has not given
specific permission to be included in such a process.
4. E-Cards User recognizes and accepts that E-Sympathy
Cards is not intended to be an Anonymous Email Service.
Every E-Sympathy Card sent includes the IP (Internet
Protocol) address from which the login session originated.
With this header information, the source of a message
can be narrowed dramatically (often directly to your
computer). This is done for the protection of E-Sympathy
Cards recipients.
To report a violation of the E-Sympathy Cards Rules
and Regulations, please e-mail us at abuse@preciousmemoriesandmore.com.
EXTENDED TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS OF SERVICE
The E-Sympathy Cards Service ("Service")
owned and operated by and Precious Memories and More
is provided to you under the terms and conditions
of this Terms of Service and any operating rules or
policies that may be published by Precious Memories
and More. This comprises the entire agreement between
User and E-Sympathy Cards in conjunction with the
Terms of Use of Precious Memories and More and supersedes
all prior agreements between the parties regarding
the subject matter contained herein. By sending an
E-Sympathy Card through Precious Memories and More
and clicking on the "Send" button, you are
indicating your agreement to be bound by all of the
terms and conditions.
2. DESCRIPTION OF SERVICE
Precious Memories and More through E-Sympathy Cards
is providing the User with a capability to send electronic
mail via the World Wide Web and Precious Memories
and More's own system. User must: (1) provide all
equipment, including a computer and modem, necessary
to establish a connection to the World Wide Web; (2)
provide for own access to the World Wide Web and pay
any telephone service fees associated with such access.
In consideration for this Service, User agrees to:
(1) provide certain current, complete, and accurate
information about User as prompted to do so by the
Service.
If any information provided by User
is incomplete or inaccurate, Precious Memories and
More retain the right to terminate User's rights to
use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Precious Memories and More may change these terms
and conditions from time to time. The changes may
be seen by reviewing this document before sending
an E-Sympathy Card.
User's continued use of the Service constitutes an
affirmative: (1) acknowledgment by User of the Terms
of Service and its modifications; and (2) agreement
by User to abide and be bound by the Terms and Service
and its modifications.
4. MODIFICATIONS TO SERVICE
Precious Memories and More reserve the right to modify
or discontinue the Service with or without notice
to User. Precious Memories and More shall not be liable
to User or any third party should Precious Memories
and More exercise its right to modify or discontinue
the Service.
5. PRIVACY POLICY
It is Precious Memories and More policy to respect
the privacy of its Users. Therefore, Precious Memories
and More will not monitor, edit, or disclose the contents
of a User's private communications unless required
to do so by law or in the good faith belief that such
action is necessary to: (1) conform to the edicts
of the law or comply with legal process served on
E-Sympathy Cards; (2) protect and defend the rights
or property of Precious Memories and More; (3) act
under exigent circumstances to protect the personal
safety of its Users or the public (4) to help senders
and recipients with their E-Sympathy Cards communications.
User acknowledges and agrees that Precious Memories
and More neither endorses the contents of any User
communications nor assumes responsibility for any
threatening, libelous, obscene, harassing or offensive
material contained therein, any infringement of third
party intellectual property rights arising there from
or any crime facilitated thereby.
User acknowledges and agrees that certain technical
processing of email messages and their content may
be required to: (1) send and receive messages; (2)
conform to connecting networks' technical requirements;
(3) conform to the limitations of the Service; or
(4) conform to other similar requirements.
6. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS"
AND & "AS AVAILABLE" BASIS.
PRECIOUS MEMORIES AND MORE AND E-SYMPATHY
CARDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PRECIOUS MEMORIES AND MORE MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES PRECIOUS MEMORIES
AND MORE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
PRECIOUS MEMORIES AND MORE MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY USER FROM PRECIOUS MEMORIES
AND MORE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
PRECIOUS MEMORIES AND MORE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF PRECIOUS MEMORIES AND
MORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE
SERVICE
The user agrees not to resell the Service. Commercial
use of the Service that is compliant with this Terms
of Service agreement is permitted.
10. E-SYMPATHY CARDS MESSAGE STORAGE
Precious Memories and More assume no responsibility
for the deletion or failure to store E-Sympathy Cards
messages.
11. OTHER LIMITATIONS
Precious Memories and More retains the right, at our
sole discretion, to determine whether or not User's
conduct is consistent with the letter and spirit of
the Terms of Service and may terminate Service if
a User's conduct is found to be inconsistent with
the Terms of Service.
12. USER CONDUCT
User is solely responsible for the contents of his
or her transmissions through the Service. User's use
of the Service is subject to all applicable local,
state, national and international laws and regulations.
User agrees: (1) to comply with US law
regarding the transmission of technical data exported
from the United States through the Service; (2) not
to use the Service for illegal purposes; (3) not to
interfere or disrupt networks connected to the Service;
and (4) to comply with all regulations, policies and
procedures of networks connected to the Service.
The Service makes use of the Internet
to send and receive certain messages; therefore, User's
conduct is subject to Internet regulations, policies
and procedures. User will not use the Service or any
mailbox on the Service for chain letters, unsolicited
e-mail, or any use of electronic mailing to any person
who has not given specific permission to be included
in such a process.
User agrees not to transmit through
the Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature. User
further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate
any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized access
to other computer systems are prohibited.
User shall not interfere with another
User's use and enjoyment of the Service or another
entity's use and enjoyment of similar services.
Precious Memories and More may, at its sole discretion,
immediately terminate Service should User's conduct
fail to conform with these terms and conditions of
the Terms of Service.
13. INDEMNIFICATION
User agrees to indemnify and hold Precious Memories
and More, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of User's use of
the Service, the violation of this Terms of Service
by User, or the infringement by User, or other user
of the Service using User's computer, of any intellectual
property or other right of any person or entity.
14. TERMINATION
Precious Memories and More offers free e-mail service
to all registered users so long as Precious Memories
and More continues to offer a free E-Sympathy Cards
e-mail service. Precious Memories and More reserve
the right to terminate the Service with or without
cause at any time in the future, with or without notice.
Precious Memories and More shall not be liable to
any User or any third party for termination of Service.
Should User object to any terms and
conditions of this Terms of Service or any subsequent
modifications thereto or become dissatisfied with
the Service in any way, User's only recourse is to
immediately: (1) discontinue use of the Service.
Upon termination of the Service, User's
right to use the Service and Software immediately
ceases.
15. NOTICE
All notices to a party shall be in writing and shall
be made either via email or conventional mail. Precious
Memories and More may broadcast notices or messages
through the Service to inform User of changes to the
Terms of Service, the Service, or other matters of
importance; such broadcasts shall constitute notice
to User.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
User may enter into correspondence with or participate
in promotions of the Advertisers showing their products
on the Service. Any such correspondence or promotions,
including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties
or representations associated with such correspondence
or promotions, are solely between the corresponding
User and the Advertiser. Precious Memories and More
assume no liability, obligation or responsibility
for any part of any such correspondence or promotion.
17. 1-800-FLOWERS.COM
PM&M is an affiliate for 1-800 Flowers.com. PM&M
has no control over 1-800 Flowers.com, its services
or products. By ordering from 1-800 Flowers.com through
any link on any of our websites, you agree to indemnify
PM&M and ILT, inc. from any problems which may
arise.
CONTENT AND
COPYRIGHT
Copyright Integrated Learning Technology,
Inc. (ILT) 2003. All Rights Reserved.
The contents of this Service are intended
for your personal, noncommercial use. You will use
the Service and any content, material, or information
found on the Service solely for lawful, non-commercial
purposes. All materials published and provided on
the Service ("Content") are protected by
copyright and other applicable intellectual property
and proprietary rights laws and is owned, controlled,
and/or licensed by Precious Memories and More, "preciousmemoriesandmore.com",
and ILT, inc. You shall abide by all copyright notices,
information, or restrictions contained in any Content
accessed through these Services.
These Services and its Contents are
protected by copyright pursuant to U.S. and international
copyright laws. You may not modify, publish, transmit,
participate in the transfer or sale of, reproduce,
create new works from, distribute, perform, display,
or in any way exploit, any of the Content or the Service
in whole or in part.
This WebSite and all associated materials designed
by Precious Memories & More, and ILT, inc. contain
copyrighted material, trademarks and other proprietary
information, including, but not limited to, text,
design, graphics, and the entire contents thereof
are copyrighted as a collective work under the United
States copyright laws. ILT, Inc. owns a copyright
in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original
to it. Users of this site may not modify, publish,
transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the
content, in whole or in part without express written
consent from ILT, Inc. PM&M and ILT, Inc. will
prosecute copyright infringers to the fullest extent
of the law.
Unless otherwise expressly stated, in writing, all
websites designed through this program are copyrighted
by Integrated Learning Technology, Inc. with all rights
reserved. The client, by using the service, acknowledges
that memorials are designed for their use as long
as they remain a client in good standing with the
company. In the event the client chooses to discontinue
service, the memorial remains the sole property of
PM&M and ILT, inc.
This copyright applies to any and all
products and services offered by or through Precious
Memories & More and all its subsidiaries, including
but not limited to online memorials, printed memorial
gifts, video memorials, and e-cards.
ACKNOWLEDGMENT
BY CLICKING ON THE "SUBMIT"
OR "SEND BUTTON" ON OUR ORDER FORM(S), YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES
AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS,
VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
CONTACT INFORMATION
Email: Webmaster@preciousmemoriesandmore.com
Phone: 334-898-1199
Mailing Address:
1149 State Highway 153
Samson, Alabama 36477
OR
1547 Shadyside Road
West Chester, PA 19384
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