iCOMFORTIS.COM TERMS OF SERVICE

Welcome to iComfortis. We are a premier website for honoring loved ones and providing them with a fitting farewell. iComfortis provides you with tools and services to help you write obituaries and tributes and to share those with others. We also provide information that can help you cope with your grief, prepare funeral arrangements and to assist you in setting your loved ones' legal and financial affairs in order*. Before using iComfortis's services, please read and accept our Terms of Use.

Your access to, and use of, iComfortis (sometimes referred to hereinafter as the "Site," "Us" or "We") is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.

We reserve the right to modify the Terms of Use at any time without prior notice. Each time you access and use the Site, you accept and agree to our current Terms of Use. If you do not agree to or accept these Terms of Use, do not use the Site.

* Independent third parties not affiliated with nor employed by iComfortis in any manner provide services, products and information listed on this site.

1. General Rules Governing Your Use of the Site

We grant you a limited license to access and view the Site and to download, email and print individual pages from the Site in accordance with these Terms of Use and solely for your own personal, non-commercial use. You may not modify, alter or change any content of the Site for public or commercial purposes, including, without limitation, the text, images, trademark notices and/or copyright notices. Unauthorized use of the Site is strictly prohibited and is a violation of iComfortis and/or third parties' rights, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. We may revoke the limited license to access and view the Site at anytime for any reason whatsoever.

In addition to the foregoing, you agree as follows:

(a) That you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express hand written permission.

(b) To comply with all applicable local, state, federal and all other laws and rules that may apply to your use and access of the Site;

(c) If you are under the age of 18, you agree not to access or use the Site without the consent of a parent or legal guardian;

(d) Not to use the Site for commercial activities;

(e) Not to use the Site for illegal or improper purposes, including but not limited to trademark or copyright infringement; interference with another person's use and enjoyment of the Site; spamming, junk mail, uploading or transmitting viruses or other harmful or destructive files; disruption or interference of the Site's security measures.

2. Your Submission of Content to the Site

The Site allows you and others to publish, display, upload, disclose, post, transmit, distribute, share or otherwise make available (hereinafter "Post") communications, materials, information, opinions, profiles, messages, notes, text information, graphics, photographs and other content (collectively "Content") on or to the Site. You agree not to Post Content on or to the Site that:

(a) Contains statements, words expressions, illustrations, photographs or representations that are defamatory, libelous, malicious, disparaging, threatening, inflammatory, false, misleading, deceptive, fraudulent, vulgar, obscene, pornographic, profane, abusive, hateful, sexually explicit, racist, invasive of privacy or publicity; promotes or encourages illegal acts or violations of local, state, federal or international laws, rules or regulations; discloses confidential and private or confidential information of any individual (e.g., credit card information, Social Security number, Driver's License number, etc.) or personal identifying information relating to an individual under the age of 18 (e.g., name, date of birth, etc.) without the consent of the parent or legal guardian.

(b) Improperly interferes with any other person(s) or entity(ies) use and enjoyment of this Site or contains viruses or other harmful, disruptive or destructive files;

(c) Advertises, sells, promotes or otherwise offers for commercial or non-commercial use goods and services or links to any commercial or non-commercial website;

(d) Contains content protected by copyright, trademark, patent, trade secret or other intellectual property laws without the express permission of the owner of the protected content;

(e) Violates these Terms of Use.

3. Your Representations and Warranties

Whenever you Post Content to the Site, you represent and warrant that:

(a) You own the copyright in the Content;

(b) If you do not own the copyright in the Content, you have express permission from the copyright owner to use the Content and Post it on the Site;

(c) You have the right to grant iComfortis a license (as described further below in Section 4) to use the Content on the site; and

(d) The Content you Post does not violate these Terms of Use of the Site or any person or entity's rights in the Content, including without limitation copyright, trademark, trade secret or patent rights.

4. You Grant iComfortis a License to Use Content You Provide

You grant iComfortis and related entities a royalty-free, perpetual, non-revocable, non-exclusive worldwide, transferable right and license to use your Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, publish, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment to you. You also grant iComfortis and related entities the right to use your name and any other information about you that you provide in connection with the Content you Post.

5. iComfortis's Intellectual Property

With the exception of Content Posted by users of the Site, our licensors or we own all of the intellectual property on the Site, which includes materials protected by copyright, trademark, trade secret and/or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of iComfortis or of its respective owners. The compilation, collection and arrangement of the content on the Site is the exclusive property of iComfortis and protected by U.S. and international copyright laws. All rights reserved.

6. We are Not Responsible for the Content Posted on the Site

We do not guarantee to prescreen or monitor Content Posted on the Site. We do not guarantee the Site will be free from Content that does not comply with these Terms of Use. We are not undertaking any obligation or liability relating to any Content or activities of users on the Site. We do not assume any responsibility for, or any obligation to monitor or remove Content Posted on the Site. We reserve the right to edit, remove, or refuse to Post any Content or terminate your account for any reason.

7. Copyright Infringement Notification

We prohibit users from Posting any Content on the Site that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe your copyrighted work has been or is being improperly used on the Site, please provide us with the following information: (1) name, address, telephone number and email address of the copyright owner or his/her/its authorized representative; (2) a description of the copyrighted work that you claim to be infringed; (3) a description of where on the Site the material you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send the foregoing information to:

iComfortis
2307 Fenton Parkway Suite 107-183
San Diego, CA 92108

8. Copyright Ownership of Materials

Be aware that some of the images and text used by iComfortis.com for memorial backgrounds, blog posts, promotional materials, etc., are owned by outside entities and licensed for use on our site. Reproduction of these copyrighted materials for other purposes is strictly prohibited.

Subject: Copyright Infringement Notification

9. Termination and Modifications to Site

We reserve the right, in our sole discretion, to modify, suspend, terminate or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site. In the event we suspend or terminate the Site and/or the services offered on or through the Site, we will not be obligated to refund any money you may have paid to iComfortis.

We reserve the right, in our sole discretion, to modify, suspend, terminate or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site. In the event we suspend or terminate the Site and/or the services offered on or through the Site, we will not be obligated to refund any money you may have paid to iComfortis.

10. Indemnification

You agree to defend, indemnify and hold iComfortis and its affiliates and each of their respective agents, officers, directors, shareholders, managers, members, employees and licensors harmless from and against any and all claims, actions, causes of action, demands, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from, in connection with or in any way relating to your Content, your use of Content, your use of the Site, your conduct in connection with the Site or with other Site users, or any violation of these Terms of Use, any law or the rights of any third party.

11. Disclaimer of Warranties

We are not responsible or liable for any Content Posted on or information provided on the Site. The Site, Content Posted by users of the Site, Content we Post on the Site and all services and products provided on or through the Site are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. We do not represent or warrant that the Site will be uninterrupted or error-free, or the server(s) that makes the Site available is or will be free of viruses or anything else harmful. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of the materials or Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You acknowledge and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm that may result. We reserve the right to change any and all Content and other items used or contained in the Site at any time without notice. Some states may not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

12. Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ICOMFORTIS.COM, ITS AFFILIATES, LICENSORS OR RELATED ENTITIES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING OR OPERATING THE SITE SHALL BE LIABLE FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OR DAMAGE WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, INTENTIONAL TORT, NEGLIGENCE, OR ANY OTHER THEORY, WHETHER LEGAL OR EQUITABLE, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES OR CONTENT PROVIDED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL OR CONTENT FROM THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF SUCH DAMAGES. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, OR ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION AND THAT SOME OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ICOMFORTIS.COM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES OF ANY KIND EXCEED (A) THE AMOUNT PAID BY YOU TO ICOMFORTIS.COM OR (B) $100 (WHICHEVER IS LESS). YOUR SOLE REMEDY AGAINST ICOMFORTIS.COM FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.

13. Cancellation and Termination of Your Account

You may cancel or terminate your iComfortis account at any time by providing written notice to iComfortis. Your notice of cancellation must be sent via email to iComfortis at customerservice@icomfortis.com

The subject line of the email must read "Account Cancellation."

We reserve the right, in our sole discretion, and at any time, with or without prior notice to you, to suspend, cancel or terminate your account for any reason whatsoever, including but not limited to your violation of the Terms of Use or complaints from third parties concerning your use of the Site.

Upon cancellation, termination or expiration of your account or your use of the Site, you will not have the right to any Content you Submitted to the Site. We will have the right to delete, discard or otherwise remove any and all Content you Submitted to the Site.

If we cancel, terminate or suspend your account for a violation of the Terms of Use or of any applicable law or regulation, we will not refund any money you paid to iComfortis.

14. Protect Your Personal Account and Password

The services offered on the Site require you to register and create a personal account with iComfortis. You agree to provide true, accurate, current and complete information about yourself, and update the information you provide to keep it true, accurate, current and complete. We reserve the right to terminate your account in the event you do not provide true, accurate, current and complete information.

You are solely responsible for keeping your password and account information confidential, private and secure. You are solely responsible for all activities and actions taken in connection with your account and password. You agree to immediately notify iComfortis of any unauthorized use of your account, password or any personal information associated with your account. iComfortis is not responsible for any loss that results from the unauthorized use of your account, password or account information, with or without your knowledge.

15. Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes information collected and used on the Site.

16. Links to Third Party Websites

As a courtesy to you, the Site offers links to third party websites. We do control the third party websites and are not responsible for the content on such websites. If you visit any third party website linked to our Site, you do so voluntarily and at your own risk. The terms of use and privacy policy of any third party website govern your use of such website.

17. Third Party Software

Some of the software used in connection with the Site is owned by third parties. By downloading any software through the Site you understand and agree to comply with the terms of use or license agreement in connection with that software. The terms of use or license agreement of all software used in connection with the Site are incorporated by reference herein. If you do not agree to any of the terms of use or license agreement in connection with software, do not download the software.

18. Dispute Resolution

You agree that this Site shall be deemed a passive website based only in California, which does not give rise to personal jurisdiction over iComfortis in jurisdictions other than California. You agree that this Site, Terms of Use, Privacy Policy and any dispute between you and iComfortis will be governed in all respects by California law. You agree that any and all disputes, claims, actions, legal and equitable proceedings arising out of, in connection with or relating to the Site will be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in San Diego County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Diego, California. And you expressly consent to personal jurisdiction in California. Any cause of action or claim you may have related to, in connection with or arising out of the Site must be commenced within one (1) year after the claim or cause of action arises.

19. No Waiver

Any failure by iComfortis to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.

20. Severability

If any provision of these Terms of Use is held void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of the Terms of Use will be valid and enforceable.

21. Entire Agreement.

These Terms of Use, which hereby incorporate by reference iComfortis's Privacy Policy, constitute the entire agreement between you and iComfortis, superseding all prior agreements regarding this Site.

22. Headings

The headings in these Terms of Use are for convenience only. In any conflict between any paragraph and the heading, the language of the paragraph, and not the heading, will control in governing the construction of these Terms of Use.

23. Contact Us for Cancellation or Inquires

To contact iComfortis to cancel your account or for inquires, please send us an email at customerservice@icomfortis.com