Terms and Conditions of Use - October, 2008
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Welcome to MemorialBracelets.com. Memorial Bracelets provides its services to you, including the sale of various items, such as engraved bracelets and dog tags, and the use of the website MemorialBracelets.com, subject to the following terms and conditions of use.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this web site and do not alter in any way the terms or conditions of any other agreement you may have with Memorial Bracelets for products, services, or otherwise.
Technical questions or comments about the Memorial Bracelets web site can be directed to the Memorial Bracelets Webmaster.
General questions can be directed to Customer Service. Other communications should be directed as indicated below.
This web site is maintained and operated by Memorial Bracelets, at least in part, on a server located in Michigan, USA. While Memorial Bracelets has endeavored to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Please review the Memorial Bracelets Privacy Statement.
When you visit MemorialBracelets.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate electronically with you by e-mail or by posting notices on this web site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Except as otherwise indicated, all web site materials, including but not limited to design, text, graphics, pictures, other files, and the selection and arrangement thereof, are the copyright property of Memorial Bracelets, ALL RIGHTS RESERVED. You may electronically copy and print hard-copy complete pages of this web site (and materials here) only for non-commercial personal use, or non-commercial use within the organization that employs you, provided (a) that the materials are not modified, (b) that you reference the materials came from this web site and prominently provide the web site address, and (c) retain all copyright or proprietary notices. Any other use of the materials in this web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of Memorial Bracelets is strictly prohibited.
Except as otherwise provided in a separate written agreement between you and Memorial Bracelets, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to Memorial Bracelets, or postings at this web site, are non-confidential and shall become the sole property of Memorial Bracelets to the fullest extent permitted by applicable law. Memorial Bracelets shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Memorial Bracelets from becoming the sole owner of any such property, then this provision shall be effective as granting to Memorial Bracelets (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
Forums, Interactive Areas, Postings and Feedback
This web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this web site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of Memorial Bracelets, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this web site, and Memorial Bracelets takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact Memorial Bracelets concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. Memorial Bracelets reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.
License and Site Access
Memorial Bracelets grants you a limited license to access and make personal use of this web site and not to download (other than page caching) or to modify it, or any portion of it, except with the express written consent of Memorial Bracelets. This license does not include any resale or commercial use of this site or its contents; any collection and use of any images, descriptions, or sponsor names, any derivative use of this site or its contents. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Memorial Bracelets without express written consent. Any unauthorized use terminates the permission or license granted by Memorial Bracelets.
Memorial Bracelets may provide an account feature for your convenience. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Memorial Bracelets does sell products for children, but it sells them to adults, who can purchase with a credit card or PayPal account. If you are under 18, you may use the Memorial Bracelets web site only with involvement of a parent or guardian. Memorial Bracelets reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Memorial Bracelets makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this web site, or web sites linking to this web site.
"Memorial Bracelets", and the Memorial Bracelets logo described in this web site are either trademarks, trade names, or service marks of Memorial Bracelets and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of Memorial Bracelets. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of Memorial Bracelets, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Memorial Bracelets.
Commercial Use Not Permitted
No commercial use of the information on or under this web site is licensed or permitted. For example, The use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on this web site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.
THIS WEB SITE AND THE MATERIALS UNDER THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMORIAL BRACELETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEMORIAL BRACELETS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MEMORIAL BRACELETS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Memorial Bracelets reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Memorial Bracelets.
Limitation of Liability
IN NO EVENT SHALL MEMORIAL BRACELETS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.
The laws of the state of Michigan (for users located in the United States), or the laws of the Province of Ontario (for users located in Canada) or the laws of England (for users located outside the United States and Canada) shall govern the construction and interpretation of the these terms and conditions of use and the rights of the parties hereunder. By accessing and/or placing orders under this web site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these terms and conditions of use should not access or place orders through this web site. Any controversy or claim arising out of or relating to your use of this web site or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Novi, Michigan in accordance with the commercial arbitration rules of the American Arbitration Association (for users located in the United States). Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
Notwithstanding any of these terms and conditions of use, Memorial Bracelets reserves the right, without notice and in its sole discretion, to terminate your license to use this web site, and to block or prevent future access to and use of this web site.
Removal or Modification of Names
Memorial Bracelets respects the individuals listed on this web site and the sacrifices they and their families have made and continue to make. A person or entity who is responsible for the legal affairs of an individual listed on this web site or is an immediate family member of a listed individual may request Memorial Bracelets to remove the name from being available for engraving onto a memorial bracelet by using the Contact Us form. While it is Memorial Bracelets' desire to honor the wishes of family members, it is in Memorial Bracelets' sole discretion to remove a name from being available for engraving onto a memorial bracelet or removing the name from being listed on the web site. Even if a name is removed from the listed individuals, Memorial Bracelets reserves the rights to prepare engraved bracelets with the name in response to requests.
If any provision of these terms and conditions of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
It is at the express consent of the parties that the present agreement be written in English. C'est a la demande expresse des parties que cette convention soit rédigée en anglais.
Changes to these Terms
Memorial Bracelets reserves the right to change, modify, or update these terms and conditions of use, at any time without notice. We indicate the date of the current version below, so you know when it was last updated.
Customers should direct comments or questions to Memorial Bracelets regarding these terms and conditions of use via this form.