TERMS OF USE
eMemorialBoard.com and eMemB.com Web site is fully owned by Alon Systems, Inc. Below whenever we mention "eMemorialBoard.com", "eMemB.com", "us", "our", "we", it is intended to refer to the owners of this Web site. The services ("services") and products presented in this web site ("site") are provided subject to the following terms and conditions. Whenever we you use the term "you" below, it refers to the visitor or Subscribed member to the eMemB.com site or one of its sub-domain sites. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
ELECTRONIC COMMUNICATIONS
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
USE OF MESSAGE SERVICES
You agree not to use this site to submit, transmit, or otherwise make available in any manner, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Though we do not regularly review the content you submit to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that we find objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to this site and that use of such content does not violate these Terms of Use. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to this site. By submitting content to this site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion, consistent with this site's Privacy Policy.
COPYRIGHT
All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of the owners of this Web site or its content suppliers and is protected by United States and international copyright laws. All content on this site that is not our property is used with permission. The arrangement and compilation of all content on this site are our exclusive property and are protected by U.S. and international copyright laws. All software used on this site is our property or its software suppliers and is protected by United States and international copyright laws. Display and use of certain images on the site are subject to additional conditions as set forth in the "Special Conditions" paragraph, if such exist.
TRADEMARKS
Certain marks used on our site are our trademarks or service marks, which are registered in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of this site or its affiliates. Our trademarks and trade dress may not be used for any commercial or other purposes by any other party without our prior written consent. All other trademarks and service marks not owned by us or our affiliates or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
We honor the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth below. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the site pending our investigation.
If you believe that your work has been copied, distributed, or used by this Web site in a way that constitutes copyright or trademark infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates of your belief that your copyrighted material or trademark(s) has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- A description of the copyrighted work or trademark that you claim has been infringed;
- A description of the site location of the claimed infringing material, including the ID number, if available;
- Your contact information, including address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or trademark owner, its duly authorized agent, or the law;
- A statement by you that the above information in your notice is accurate and that you are the copyright or trademark owner or are authorized to act on the copyright or trademark owner's behalf.
Our agent for notice of claims of copyright or trademark infringement relating to its site can be reached at the contact information stated in the Contact Us paragraph.
SAMPLE MEMORIALS and SAMPLE MEMORIAL BOARDS
We shall enable you to include SAMPLE memorials into your account. These have been created by us as fictitious persons and are not intended in any way to represent real people. They have been included here for test purposes only. By providing them to you, we do not grant you the right to represent them or their associated images as being those of real people. You are granted use to these samples to enable you to practice the various features of the website. The same disclaimer applies to SAMPLE MEMORIAL BOARDS.
LICENSE AND SITE ACCESS
We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer. However, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior express written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. 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 this Web site or our affiliates without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by us. You may not create any link to use any of our logos or other proprietary graphic or trademark as part of the link without our prior written permission or as specifically provided for under our Affiliate Vendor program as referenced above.
APPLICABLE LAW
By visiting the site, you agree that the laws of the state defined in our address of our Contact US paragraph, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to this Web site. We reserve the right to make changes to our site, policies, and this agreement at any time and in our sole discretion; therefore, you should review those policies, terms, and conditions each time you visit the site. These changes may be made by us without any notice. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Any warranties or other product information are limited to those provided by the Vendors and displayed with the description of the listed items. The materials used in artwork may be harmful to humans or animals, particularly if used in ways other than those intended by the Vendor. You assume all responsibility for such use. We make no warranties whatsoever in regard to the items, nor do we prepare or provide product information and we only display the information provided by the Vendor (manufacturer or artist). You should be aware that images displayed on the computer are only a representation of the actual items. The color of the images is only an approximation of the real colors of the objects. The real objects may look somewhat different than their representative images, especially as pertains to color. In the case of shipment of wrong product (product not ordered), this warranty extends only to us interceding with the Vendor to replace the wrong product with the correct product and ship it to the customer.
THIS SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS PURCHASED USING THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
PAYMENT METHODS and CHARGES
We accept only Credit Card payments and only in US dollars. We shall only accept those types of Credit Cards, which are listed at the time that you Subscribe to eMemB services. At the time you place the order, the credit card you supply will be charged for the stated amount. We reserve the right to change the list of Credit Cards and other methods of payment that will be acceptable to us at any time. This can be done by us without prior notification. If you will be affected by such change, you will be informed that your method of payment is no longer valid.
Your Credit Card will be charged on a monthly basis while your Subscription to eMemB is active. The amount charged will be based on the daily average quantity of memorials in the previous month.
CANCELLATIONS
You may cancel your subscription by contacting us using the information in the Contact Us paragraph. You must state your name, email, and organization and any other information that will help us identify your request.
It is your responsibility to maintain an up-to-date payment method with correct information for this site. If, for any reason, your payment is rejected, we reserve the right to suspend your account on this site and all access to it, whether it be by visitors or by your designated Administrators. However, we shall provide your Administrator with access to the pages where they can update the payment information with current data. If your account remains suspended for 30 calendar days, we reserve the right to cancel your account and remove your site and its associated data.
PRIVACY
We are committed to respecting our site visitors' privacy. To provide this site's Services, we may require some of your information (including name, email, phone, address, credit card number). This information will not be sold, traded, or otherwise dispersed for any reason other than to carry out your transactions. Only information necessary to fulfilling your order will be disclosed to our affiliate, subsidiary, or payment processors, and then only that information that is required.
We also use contact information from the registration process to send the User information about us and when otherwise necessary. Such information may also be used to assess your satisfaction with and to obtain feedback regarding the Service we provide.
The information we collect will be maintained in a file system that we may need to review in a variety of other circumstances, such as enforcing our Terms of Use for Users, analyzing and understanding our customers and their needs, and for the administration and provision of our goods and services.
We reserve the right to aggregate (i.e. combine in such a way that will not enable personal identification) the data that is acquired on this site and/or related to ordering products and services. This includes, without limitation, data about products and services requested and purchased by our Users. We may use this aggregated data for various kinds of purposes, including, but not limited to, analyzing our Service, and marketing purposes. We may also share this aggregated data with other third parties, such as advertisers.
It is possible that we, our business and/or assets, present or future subsidiaries, joint ventures or any combination of such, could merge with or be acquired in one or more types of transactions by another business entity or entities. In such an event, we have your permission to share some or all of your information in order to, among other things, facilitate continuation of one or more services similar to all or a portion of the Service.
You hereby authorize us to disclose information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with our Web site, such as fraud, misrepresentation, intellectual-property infringement, or other activity that may put us at risk for liability.
We are not responsible for the privacy policies and practices of promotional affiliates or other third parties to which we may provide links. We do not have control over the privacy policies of any other party that you may disclose information to when linking to from our Web site.
We do not knowingly collect any personal information from minors.
As a User of the Service, you consent to the aforementioned uses of such information and the transfer of information to providers that facilitate the Service, all in accordance with this Privacy Policy.
From time to time, we may change the Private Policy, and post the changes on this Web site.
SITE & TRANSACTION SECURITY
We employ standard industry measures to protect and ensure the confidentiality of your personally identifiable information, including the use of firewalls and SSL encryption. Despite this, we cannot guarantee the security of your information given the current state of the Internet. We also do not undertake to maintain information about you for longer than is required by law, rule or regulation.
We believe we employ security measures that adequately address the security needs of our Web site's customers.
TAXES & TARIFFS
Our company is located at the address listed in the Contact Us paragraph. Shipments to addresses located in the same state of USA, may be charged prevailing Sales Taxes. These will be indicated before checkout. You agree to be responsible for the payment of any and all such tariffs. We shall not be responsible for payment or any other handling of any and all tariffs.
CHARGE BACKS
Customers may erronerously request and receive a charge back from their card processing bank. This causes us to incur a ChargeBack fee from our card processor. We reserve the right to charge you the customer for this ChargeBack if your ChargeBack was not the result of any of our faults.
CONTACT US
You may contact us at
eMemorialBoards
c/o Alon Systems, Inc
1515 N. Warson Road, Suite 205
St. Louis, MO 63132
Tel: 314-428-2208
Fax: 314-428-0880You may also contact us by submitting the form on the Contact page.