Definitions:
“Arbor” means Arbor Memorial Inc., and all of its parents, subsidiaries, affiliates, employees, agents, officers, directors, shareholders, and similar related parties.
“Website” means the Sharing Memories service.
1. Acceptance of Terms. These Service Terms and Conditions of Use, as updated from time to time by Arbor, apply to this Service which is published by Arbor. You should carefully read these Service Terms and Conditions of Use before using the Service. You can review the most current version of the Service Terms and Conditions of Use at any time at http://www.arbormemorial.ca/en/about-us/terms-of-use.This is a legally binding agreement. By using the Service you indicate your agreement to the Terms and Conditions of Use, and will be deemed to agree to the Terms and Conditions of Use. If you do not agree with these Service Terms and Conditions of Use, you are not authorized to use this Service.
2. Access to Password-Protected Areas. Access to certain portions of this Service (“Password-Protected Areas”) may require login and password information. You must have this information in order to access these areas. You are responsible for taking reasonable precautions to protect your login and password information. You will be responsible for any use of the Service by any person to whom you give your login and password information or who acquires your login and password information as a result of your failing to take reasonable precautions to protect that information.
3. Online Privacy Statement. The use of your personally identifying and non-personal information will be governed by Arbor’s Privacy Statement found at http://www.arbormemorial.ca/en/about-us/privacy-statement. Your use of this Service indicates that you have read and agree to Arbor's Privacy Statement.
4. Prohibited Behavior. You are responsible for your behavior in your use of this Service and for respecting Arbor’s and third parties’ rights in connection with the Service and its content. Arbor grants you permission to use the content on this Service solely for your own personal, non-commercial purposes.
You may not use this Servcie for any purpose or in any manner that violates any law, by-law or regulation.
You are prohibited from accessing or using the Service and any content on the Service for commercial purposes.
You may not use the information, content, or other material on this Service in any database or archive, and you may not modify, copy, re-publish, reproduce, display, publish, resell, transmit, or transfer any information, content, or other material from the Service to or in any medium except as specifically noted in these Terms of Service. You are also prohibited from accessing the Service using any robot, spider, web crawler, or other automated process or device for the scraping, copying, or monitoring of any portion or content on the Service.
You agree that commercial use or republication may result in consequences for which monetary compensation may not be a sufficient or appropriate remedy.
You may not violate Arbor’s or third parties’ rights via downloading, e-mailing, transmitting, or otherwise using this Service.
You may not use this Service to post or send any infringing, threatening, defamatory, libelous, obscene, or pornographic material.
You may not use or exploit any portion of this Service to distribute commercial messages, spam, phishing schemes, or other unsolicited communications.
You may not directly or indirectly, intentionally disrupt or interfere with this Service in any manner that may materially adversely affect Arbor or any third party.
You may not take any action that imposes or may impose an unreasonable or disproportionately large load on Arbor’s network infrastructure, as determined by Arbor in its sole discretion.
You may not bypass any measures Arbor may use to prevent or restrict access to this Service.
You may not attempt to access the accounts of others or attempt to penetrate security measures in place on this Service (otherwise known as “hacking,”) whether or not the intrusion results in corruption or loss of data;
You may not reveal your account credentials, including username and password, to others or allow the use of your account by others.
You may not falsely represent yourself by the unauthorized use of another person’s name or likeness.
5. Disclaimer of Warranties. The use of this Service is solely at your own risk. This Service is provided on an “as is” and “as available” basis. Arbor expressly disclaims all warranties of any kind with respect to this Service whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Arbor expressly disclaims any responsibility for the actions of any other user of this Service. Some jurisdiction do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Arbor makes no warranty that this Service will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease to use this Service.
6. Exclusions and Limitation of Liability. You expressly understand and Agree that Arbor shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if advised of the possibility of such damages) resulting from any matter related to your use of this Service. Arbor’s entire liability to you for any claim you may assert against Arbor that relates in any way to your use of the Service, regardless of the legal theory of the claim including without limitation claims arising from contract, tort, or fundamental breach, shall be limited to the amount of money you have paid to Arbor with respect to your use of the Service.
7. Intellectual Property. This Service and its contents are owned by Arbor or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials and trademarks, are used by permission of third parties. Except as allowed by law or as expressly permitted in connection with specific content, this Service and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of Arbor or the third-party owner.
8. Enforcement of Copyright. Arbor takes protection of its copyright very seriously. If Arbor discovers that you have used its copyright materials in contravention of the license above, Arbor may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of Arbor’s copyright materials that contravenes or may contravene the license above, please report this by e-mail to info@sharingmemoriesadmin.ca or by mail to Arbor Memorial Inc. 2 Jane Street, Toronto, Ontario, M6S 4W8.
9. Links. This Service may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Arbor with respect to the linked site or its provider. Arbor makes no representations or warranties with respect to any linked website: Your use of any linked website is solely at your own risk.
10. Jurisdiction and Venue. This Agreement and the relationship between you and Arbor will be governed by the laws of the Province of Ontario, without respect to its conflict of law provisions. You agree that venue with respect to any dispute between you and Arbor will rest exclusively in the Ontario courts.
11. Changes. From time to time, Arbor may change this Service and/or the Service Terms and Conditions of Use. If a change to these Service Terms and Conditions of Use is made, Arbor will post the revised Service Terms and Conditions of Use on this Service. Your use of the Service is subject to the Terms and Conditions of Use in effect at the time of your use, and you are responsible for keeping abreast of changes as your use continues. Arbor reserves the right to add to or change this Service or cease offering this Service at any time and without liability. Arbor reserves the right to refuse to offer access to this Service and/or its content to anyone at any time without notice.
12. Miscellaneous. These Service Terms and Conditions of Use constitute the entire agreement between you and Arbor relating to this Service (subject only to any other agreement in writing between you and Arbor relating to this Service that is not inconsistent with these Terms and Conditions of Use). There is no agency, partnership or joint venture relationship between any user and Arbor arising solely through the use of this Service. These Service Terms and Conditions of Use are binding upon your successors, assigns, heirs and executors. If any provision of these Service Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Service Terms and Conditions of Use, which shall remain in full force and effect. The failure of Arbor to exercise or enforce any right or provision of these Service Terms and Conditions of Use shall not constitute a waiver of such right or condition. Any claim or cause of action arising out of or related to the Service or these Service Terms and Conditions of Use must be filed within one year after such claim or cause of action arose. The section titles of these Service Terms and Conditions of Use are merely for convenience and will not have any effect on the substantive meaning of this agreement.
13. Your Responsibility. Arbor encourages you to be mindful of the intent and purpose of the Service and be responsible for safeguarding your personally identifiable information and that of others. If you feel that certain content on the Service does not comply with Arbor’s Terms and Conditions of Use, you can report it by clicking on the “Report an Issue” link at the bottom of the Sharing Memories webpage. An Arbor representative will then review and assess your request for removal and if the request is found to be legitimate, the representative will facilitate the request within a reasonable time.
14. Termination. Arbor may block, suspend, or terminate your use of the Service at any time for any reason. Reasons Arbor might do so include, but are not limited to, the following: (a) your breach of this agreement; (b) Arbor is unable to verify or authenticate any information you provide to us; or (c) Arbor believes that your actions could cause financial loss or legal liability to Arbor or other users of this Service; (d) routine network maintenance affecting all users; or (e) your use of this Service or service in a manner that violates the law or Arbor policies.
15. Contact Information. If you have questions about these ServiceTerms and Conditions of Use, you should contact Arbor at info@sharingmemoriesadmin.ca.