These Terms of Service are hereby effective on March 5, 2023, and will apply to the website that you (hereinafter, “User”, “You” or “Your”) are visiting, www.obituare.com (the “Website”), which is licensed by MMH Technology, Inc. (hereinafter, “MMH”, “Our”, “We” or “Us”, including all Affiliates).

Privacy: Since it affects Your use of the Website, please review Our “Privacy Policy”, which can be found here and which is incorporated herein by this reference. By using the Website or purchasing products or services linked to from the Website, You agree that We may use and share Your personal information in accordance with the terms of Our Privacy Policy.

Your Account: By using the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. We reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.

License and Site Access: We grant You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify the Website, or any portion of it, except with Our express written consent. The limited license that we grant to You to use the Website does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resale, or otherwise exploit for any commercial purpose any portion of the Website without Our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information contained on the Website, including, but not limited to, images, text, page layout, fonts or associated pages or forms, without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, service marks or any other content shown on the Website without Our express written consent. You may not modify, attempt to modify, adapt, attempt to adapt, hack, or attempt to hack the Website. Any unauthorized use of the Website terminates any permission or license otherwise granted to You.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website, its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Our logos or other proprietary graphics, trademarks, service marks or content as part of a link to any other web page without Our express written permission. You may not misrepresent Your relationship with Us or imply that either the Website or MMH sponsor, endorse, or is affiliated with Your website or products. Except as stated above, You are not given any other right or license to: (i) the content of the Website; or, (ii) any of Our owned or licensed intellectual property rights, whether associated with the Website or otherwise. This limited linking right may be taken away from You at any time at Our sole unfettered discretion.

Content Licensing and User’s Rights: You retain rights to any content You submit, post or display (the“User Content”) on or through the Website. By submitting, posting or displaying User Content on or through the Website, You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense for any purpose) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your User Content in any and all media or by the use of any distribution method (now known or later developed). You agree that this royalty-free license includes the right for Us to provide, promote, and improve the Website and to make User Content submitted to or through the Website available to other companies, organizations or individuals who partner with the Us for the syndication, broadcast, distribution or publication of User Content on other media and services, without limitation. Any user of the User Content by Us or other companies, organizations or individuals who partner with Us, shall be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through the Website. We may modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your User Content as We deem necessary, at Our sole discretion, to conform and adapt Your User Content to any requirements or limitations of any networks, devices, services or media with whom We are affiliated.

You are responsible for Your use of the Website, for any User Content You provide, and for any consequences thereof. You understand that Your User Content may be syndicated, broadcast, distributed, or published by Our affiliates and partners, and if You do not have the right to submit Your User Content for such use, it may subject You to civil monetary liability. We will not be responsible or liable for any use of Your User Content in accordance with these Terms of Service. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit to the Website or to Us.

Illegal or Abusive Usage is Strictly Prohibited; Takedown Policy: You may not abuse, harass, threaten, impersonate or intimidate other users of the Website. You may not use the Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Specifically, You agree to follow all laws that apply to transmitting technical data exported from the United States or the country of Your residence. Should You be found to have engaged in illegal or abusive usage of the Website, We may suspend Your account or usage as applicable. We reserve the right (but not the obligation) to remove, without notice and in Our sole discretion, any of Your User Content that We believe contains false, inaccurate, defaming, or abusive information. We may, but have no obligation to, remove User Content and accounts that We determine, in Our sole discretion, are unlawful, violate any party’s intellectual property, or these Terms of Service. All of the aforementioned notwithstanding, Your User Content, Your use of the Website and any account that You create on the Website shall be subject to Our formal Takedown Policy, which can be found here, and which is incorporated herein by this reference.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on the Website, nor do We endorse any opinions expressed by You or other users of the Website. You understand and acknowledge that by using the Website, You may be exposed to User Content created by others that You may deem to be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that may have been mislabeled or is otherwise deceptive. Under no circumstances will We be liable to You in any way for any User Content, or the effect of User Content upon You, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind, whether direct, indirect or of a special nature, incurred by Your or others as a result of Your use of the Website or of Your viewing of any User Content posted, emailed, transmitted or otherwise made available to You or others via the Website or broadcast elsewhere.

Website Transmission and User Data Usage:You understand and acknowledge that the technical processing, transmission, publishing and conveyance of the Website and any functionality associated therewith, including Your User Content, may be transferred unencrypted and involve: (a) transmissions over various non-private networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We reserve the right, in Our sole discretion, to temporarily disable Your account if Your usage of the Website significantly exceeds limits that We may establish for any performance metric that We choose to measure. In most cases, We may, but are not obligated to, contact You before taking any action relative to Your User Content or account.

Electronic Communication: When You visit the Website, use Our online chat system or send emails to Us, you are communicating with Us electronically, and shall hold Us harmless in the event that You are damaged in any manner by relying upon these communications methods. You consent to receive communications from Us electronically, irrespective of the manner or method of these communications. You understand, acknowledge and agree that all agreements, notices, disclosures and other communications that We provide to You electronically or otherwise, satisfy any legal requirement that such communications be in writing.

Subscriptions and Billing [if applicable]:

• (1) Billing: By providing Us with a credit card or other payment method (hereinafter, all a“Payment Method”) for Your purchase of any product or service, You are expressly agreeing that We are authorized to charge You the appropriate fee that You have agreed to pay, along with any other fees associated with the product or service that You have purchased, as well as any and all applicable taxes associated therewith, by processing the charge against the Payment Method. If You want to use a different Payment Method than the one that You currently have on file with Us, or if there is a change in any information related to the Payment Method, you may edit the Payment Method information by contacting Us. If Your Payment Method is no longer active and You do not edit Your Payment Method information with Us, You authorize Us to continue billing that Payment Method, and You agree to remain liable for any amounts that are otherwise uncollected by Us pertaining to Your account.

  As used in these Terms of Service, the use of the term “billing” shall indicate either a charge or debit, as applicable, against Your Payment Method. The cost of any product or service that You purchase from Us will be billed when the product or service is tendered to You or on Your behalf, or if applicable, upon the expiration of Your free trial period, if any, and may recur periodically thereafter without the need for a further grant of permission from You to process a charge against the Payment Method.

  We will automatically process charges against Your Payment Method on the anniversary date of each period that You have chosen for products or services that are recurring in nature (a“Subscription”). In the event Your subscription begins on February 29th of a leap year, Your Payment Method would next be billed on February 28th of the following year. In any event, the last day of Your Subscription before the processing of a new charge for the subsequent billing period is referred to as the “Renewal Date” and the period between Renewal Dates is referred to as the “Subscription Period”. You acknowledge that the amount billed on each Renewal Date may vary due to promotional offers, changes in Your Subscription, and changes in applicable taxes, and You authorize Us to charge Your Payment Method for the corresponding amounts. If We change Your Subscription fee or other charges for Your Subscription from time-to-time, We will give You advance notice of these changes to the extent possible (for instance, We may not be able to notify You of changes in any applicable taxes). All fees for products and services that You purchase from Us are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You alone shall be responsible for payment of all such taxes, levies, or duties, excluding any taxes that We owe on Our income.

  If there are special circumstances where We determine that the Website is unavailable for an extended period due to software updates or technical issues, We may, but shall not be obligated to, provide partial credits to You for periods of time that the Website may not have been accessible to You. The amount and form of such credits, and the decision to provide these credits, are at Our sole and absolute discretion, and the provision of credits in one instance does not entitle You to credits in the future under similar or different circumstances.

• (2) Free Trials: If We offer any product or service with a free trial, once that trial period is over, You will only be able to continue using the product or service by paying in advance. If You fail to pay for a product or service that You have otherwise agreed to purchase, Your account and User Content may be locked and inaccessible to You and to others until You tender payment for all amounts outstanding on your account.
• (3) Ongoing Subscription and Cancellation: Your Subscription will continue in effect for the entirety of a Subscription Period unless and until You cancel Your Subscription prior to a Renewal Date. If You cancel a Subscription, cancellation will be effective at the end of the current Subscription Period, this means that You will have continued access to Your Subscription for the remainder of that Subscription Period, but You will not receive a refund.
• (4) Unpaid Amounts: In order to sustain the Website, it is important that You honor Your payment obligations to which You have agreed. Accordingly, We reserve the right to pursue collection of any amounts that You fail to pay in connection with Your Subscription or in connection to Your purchase of any product or service. You will remain liable to Us for all unpaid amounts due on Your account, as well as for all costs We incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. Your failure to make timely payments may cause the loss of features associated with Your account, including loss of Your User Content, and You agree to hold Us harmless for any such loss.

Modification to the Products or Service: We reserve the right at any time, at Our sole discretion, to modify or discontinue, temporarily or permanently, any part of the Website, or any service or product associated therewith, with or without notice.

Fees associated with any of Our products and services, including, but not limited to, the fees associated with any Subscriptions, are subject to change upon reasonable notice to You from Us. Such notice may be provided at any time pursuant to the express terms of these Terms of Service. We shall not be liable to You or to any third-party, for any modification, change, suspension or discontinuance of products, services and subscriptions, or the fees associated therewith.

Any new features or functionality that augment or enhance the Website, Our products or services, including the release of new tools and resources, shall be subject to these Terms of Service. Your continued use of the Website, products and services, after any such changes have been implemented, shall constitute Your consent to, and acceptance of, such changes.

Copyright, Trademarks, Service Marks or Trade Dress: All content included on the Website, such as text, page headers, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trade names, trademarks, service marks, scripts and software (collectively, the“Intellectual Property”, is Our Intellectual Property, or the Intellectual Property of third-parties who have granted Us the permission to use their Intellectual Property. All Intellectual Property is protected by United States and international copyright laws. The compilation of all content on the Website is Our exclusive property of Obituare and protected by United States and international copyright laws.

Third-Party Websites: The Website may contain links to third-party websites. We do not represent, guarantee, or endorse any website that You may access from the Website. In addition, if You access a link to another website from the Website, We do not make any representations, guarantees, or endorsements, implied or express, related to the linked-to website, or any company, product or service associated therewith. When You access a third-party web site in any manner, the linked site and its content are not under Our control. We are not responsible for webcasting, cookies, tracking methodologies or any other form of transmission that You may receive from any sites that You link to from the Website, and as such, You are solely responsible for protecting the integrity and privacy of Your computer system and data from viruses and other malicious intrusions that You may experience.

Applicable Law: By visiting the Website, You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between You and Us. All claims, legal proceedings or litigation arising in connection with Your use of the Website, or any purchase of products or services from Us, will be brought solely in the federal or state courts located in the city of Wilmington, Delaware, United States, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Indemnification: By visiting the Website, You agree to reimburse Us, and to hold harmless Our officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from Your violation of these Terms of Service.

Disclaimer of Warranties and Limitation of Liability:

THE WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THD WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TH WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; OR COMMUNICATION THAT YOU MAY CONDUCT ON OR IN CONNECTION WITH THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TH WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE DO NOT WARRANT THAT: (i) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) THE WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE AND RELIABLE; (iv) THE QUALITY OF THE WEBSITE, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND, (v) ANY ERRORS OR DEFICIENCIES IN OR ON THE WEBSITE, ANY PRODUCT OR SERVICE WILL BE CORRECTED.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO ANY CLAIM THAT YOU MAY ALLEGE AGAINST US.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

Entire Agreement:These Terms of Service, Our Privacy Policy and Our Takedown Policy are the entire and exclusive agreement between You and Us regarding the Website, products or services (excluding separate agreement that You may hold with Us for the purchase of a product or service that is explicitly in addition to, or in place of, these Terms of Service), and these Terms of Service supersede and replace any prior terms of service between You and Us as it pertains to the Website. No other person or entity will be a third-party beneficiary to these Terms of Service. We may revise these Terms of Service from time-to-time, at Our sole discretion. By continuing to access or use the Website, or any products or services, after revisions to these Terms of Service become effective, You agree to be bound by the revised Terms of Service.

If You have any questions about these Terms of Service, please contact Obituare at [email protected].