Recitals

Thank you for accessing or using Love Lives On website and mobile applications and/or other services which is owned and operated by Love Lives On Funeral and Estate Services Inc. (herein after referred to as “Love Lives On” or “we” or “us” or “our”).

By accessing or using our website (including the mobile optimized version of the website), our online services, mobile and other applications, and/or our social networking platforms (each, a “site”), whether automated or otherwise, you agree to be bound by these Terms of Use and our Privacy Policy, both of which are displayed on our website. (Herein after, our Terms of Use and Privacy Policy will collectively be referred to as “this agreement”.)

This agreement shall apply to both visitors to our site (herein after referred to as “You”), as well as to business or the individual purchasing our goods or services (herein after referred to as “customer” or “you”). Goods or services includes, but is not limited to: listings in our business directory; advertising on our website; and creation of a Meme-orial™ for a loved one.

Certain features, products or software that you purchase or download from our site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. When you decide to submit a post or article, or enter a contest, we may present additional terms and conditions to you.

We reserve the right to change this agreement at any time, with or without notice. Such changes will be effective when posted. By continuing to access or use our site after we post any such changes, you accept this agreement as modified.

Since we can amend this agreement at any time, we recommend periodically reviewing it. We also suggest printing or saving a local copy of our Terms of Use and our Privacy Policy for your records.

You represent that you are legally able to accept this agreement, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so.

Please read this agreement carefully before accessing or using our site.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SITE.

Rules of Conduct

There are rules of conduct that you are required to follow when you use our site. You must not:

  • “Harvest” (or collect) information from our site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of our site and information about the offerings, products, services and promotions available on or through our site. The framing, scraping, data-mining, extraction or collection of the content of this site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on our site.
  • Use automated means to access our site, or gain unauthorized access to our site or to any account or computer system connected to our site.
  • “Stream catch” (download, store or transmit copies of streamed content).
  • Obtain, or attempt to obtain, access to areas of our site or our systems that are not intended for access by you.
  • “Flood” our site with requests or otherwise overburden, disrupt or harm our site or its systems.
  • Circumvent or reverse engineer our site or its systems.
  • Restrict or inhibit another user or users from using and enjoying our site.
  • Manipulate or forge identifiers in order to disguise the origin of any information posted on our site or otherwise provided to us or our employees; and
  • Impersonate any person, including, but not limited to, other community members or our employees.

If you post something to our site, including, but not limited to, comments or other content, or if you create a Meme-orial™ for a loved one, you MUST NOT:

  • Use strong, vulgar, obscene or otherwise harmful language or images,
  • Use racially, ethnically or otherwise, objectionable language or images.
  • Infringe any third party intellectual property right (such as copyrights).
  • Use defamatory (i.e., something that is negative and untrue about another person or entity) language or images.
  • Divulge another person’s or entity’s confidential or private information or trade secret.
  • Act in a manner that is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory.
  • Encourage criminal conduct.
  • Share information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
  • Advertise or solicit business for products or services other than those that are offered and promoted on our site.
  • Use language that is disparaging, inappropriate and/or competitive to Love Lives On.
  • Cause a virus, malware, spyware or other harmful content or code; and
  • Violate any laws or regulations, including, but not limited to, your local laws and regulations.

You also must comply with all applicable laws and contractual obligations when you use our site.

Intellectual Property

Ownership of Site Content and Submissions

By using our site, you acknowledge that everything on this site (including, but not limited to, the underlying HTML, text, images, graphics, illustrations, designs, icons, audio clips, video clips, documents, products, software, applications, and all other website content, is either owned by us or is owned by the original creator or their assignee, in which case we are using the content lawfully, and under licence or by agreement where applicable.

We also own all intellectual property rights to the Meme-orial™ product, including, but not limited to, the concept, design, and execution of the product.

You may use content, materials and applications included on our site for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from our site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of our site for your personal, non-commercial use, provided that you keep intact all copyright and other intellectual property rights that is owned by us.

If you submit or post any content or materials to our site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such content and materials, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any content and materials posted or otherwise submitted by you to our site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Trademarks

Love Lives On is a trademark or a registered trademark of Love Lives On Funeral and Estate Services Inc. All Love Lives On product names and logos are our trademarks or our registered trademarks, including, but not limited to, Meme-orial™.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on our site in a manner that constitutes copyright infringement, please contact us at [email protected] We have a policy of terminating our site usage privileges of users who are infringers of intellectual property rights.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of our site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

Although our representatives may moderate content, conduct and Terms of Use compliance on our site at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of our representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of our representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, our representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Registration and Log In

To access certain features or areas of our site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of our site are only available to our registered users, and to access those areas of our site you will be required to log in using your username and e-mail password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date. (This includes your contact information, so that we can reliably contact you.) The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when our site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

The communications between you and us via our site use electronic means, whether you visit our site or send us an e-mail, or whether we post notices on our site or communicate with you via e-mail. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Changes to Our Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), our site or any portion of our site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, our site, or to any features or portions of our site, and to remove and discard any content or materials you have submitted to our site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of our site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

Our site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to our site, but reserve the right to revoke your right to link to our site upon notice. If you receive such a notice from us, you agree to discontinue your link to our site.

Indemnification

You agree to indemnify, defend and hold us and our representatives harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable lawyers’ fees, arising from or relating to your use of our site, your submissions to our site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing our site via your account. This indemnification and hold harmless obligation will survive these Terms of Use and the termination of your use of our site.

Jurisdictional Issues

We control and operate our site from our facilities in Canada. If you choose to access our site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disputes

Binding Arbitration

You and we agree that all disputes, claims, or controversies arising out of or relating in any way to this agreement, (including the validity, enforceability or scope of this section and other sections of these Terms of Use), our site or any content or services thereon (each, a “Dispute”), that cannot be resolved through negotiation in accordance with the “Notice of Dispute; Negotiation” clause below, shall be settled by final binding arbitration, in accordance with the terms of this section and to the extent permitted by law. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that Binding Arbitration will occur in in Toronto, Ontario, Canada.

Notice of Dispute; Negotiation

IF YOU HAVE A DISPUTE WITH US, YOU MUST GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the dispute in good faith for no less than 60 days after you provide written notice of the dispute by e-mailing us at [email protected]. Please ensure that the subject line of your e-mail states: Notice of Dispute.

If we do not resolve your dispute within 60 days from receipt of notice of the dispute, either party may pursue a claim in arbitration in Toronto, Ontario, Canada.

Initiation of Arbitration Proceeding

If you or we have a dispute that has not been resolved within 60 days from receipt of notice of the dispute, either party can initiate an arbitration proceeding in accordance with the laws of Canada and the Province of Ontario. You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this section govern in the event they conflict with the rules and procedures of Canada and the Province of Ontario.

Location of Arbitration

The arbitration proceedings shall be held in Toronto, Ontario, Canada.

Deadline for Filing Notice of Dispute

You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any notice of dispute must be filed by you WITHIN ONE YEAR after a claim or cause of action that you may have arising out of or related to use of our site or this agreement has accrued or be permanently barred.

Continuation

This section shall survive any termination of the provision of the associated services to you.

Applicable Law; No Waiver; Severability

This agreement, and the relationship between you and us, will be governed by the laws of Canada and the Province of Ontario, without giving effect to any principles of conflicts of law.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

If any provision of this agreement is found to be invalid, you and we nevertheless agree that the arbitrator should endeavor to give effect to intentions reflected in such provision, and the other provisions of this agreement will remain in full force and effect.

Disclaimer of Warranties

Our site and its content and any services provided therein are provided for entertainment, educational and promotional purposes. We provide our site on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:

  • Our site will be available at any particular time.
  • Our site will meet any particular requirements or provide any particular results.
  • The information on our site will be accurate or up-to-date.
  • Our site or the information transmitted to or from it or stored on it will be secure from unauthorized access.
  • Information and materials that you store in your account or on our site will remain retreivable and uncorrupted (unless we promise this in a separate agreement with you); and
  • Our site will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.

Our site and its content and any services provided therein are not intended to, and do not, constitute medical or healthcare advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician or other healthcare provider about your specific circumstances, including before starting any treatment, medical or otherwise.

We likewise make no warranties or representations regarding any products or services ordered or provided via our site. Any products and services ordered or provided via our site are provided “as is”, except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us or between you and a third party.

If you purchase a product or service from a third party after following an ad or link on our site, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.

You agree that use of our site is at your own risk. Although we try to ensure that the information posted on our site is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on our site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on our site. No advice, results or information, whether oral or written, obtained by you from us or through our site shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on our site or in correspondence with us or our agents. We are not responsible for any content or materials posted to our site by users, nor for disputes between users, or between users and third parties.

These disclaimers apply to us as well as third parties that are involved in the creation, production or distribution of our site, and any of their employees and agents.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH OUR SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON OUR SITE, OR WITH ANY OF OUR SITE’S TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE.

In no event will we, or any of our directors, officers, employees, agents or content or service providers (“our representatives”), be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, our site (or the content, materials and functions provided as part of our site), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and of any of our representatives, if any, arising out of any kind of legal claim in any way relating to the use of our site, will not exceed the amount you have actually paid to us, if any, for use of our site, or, if applicable, for use of the specific site feature or service from which the claim in question first arose.

Enforcing Security

Actual or attempted unauthorized use of our websites may result in criminal and/or civil prosecution. For your protection and our other users, we reserve the right to view, monitor, and record activity on the website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our site. We will also comply with all court orders involving requests for such information.

Site Processes

The operation of our site requires that certain processes be carried out and a specific level of interaction proceeds between the parties, e.g. our forwarding of e-mails to your related to your registration and the operational process of our products and services, for which you are hereby authorizing us to undertake in furtherance of the products and services that you have accessed or purchased from us.

Events Beyond Our Control

You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, actions or inactions of third parties, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Additional Terms and Conditions for Meme-orial

Description of Product

Meme-orial™ is a software program that allows you to create a customized social media post to celebrate the life of a loved one (person or pet) who has passed away. You can upload a photo of your loved one, write a personal message (or choose a message from our list of options), and select a background. Our software program combines these elements (photo, message and background) to create a single image (referred to as a ‘Meme-orial’) that can be shared to various social media channels via share buttons.

Registration

In order to create a Meme-orial™, you will have to create an account. You must submit a valid e-mail address, your first and last names, and select a password during the registration process. You may never use another person’s account. When creating your account, you must provide accurate and complete information. You shall not enter the first and/or last name of another person with the intent to impersonate that person, or use a pseudo name that is offensive, vulgar or obscene. You shall not use an e-mail address that belongs to another person.

Failure to provide accurate and complete information during the registration process shall constitute a breach of this agreement, which may result in immediate termination of your Love Lives On account.

We reserve the right to refuse registration of an account or to cancel an account.

You are solely responsible for activity that occurs on your Love Lives On account and shall be responsible for maintaining the confidentiality of your password. You will immediately notify us in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware.

Your Responsibility

It is your responsibility to ensure that the Meme-orial™ that you created is free of errors, (spelling, grammar, photo selection, photo positioning, background selection, and otherwise), before you proceed through our checkout.

Furthermore, it is your responsibility to create a Meme-orial™ that is NOT offensive, vulgar or obscene, or contravenes laws and regulations.

Pricing

We reserve the right to update the pricing of our services and products at any time and without notice.

No Refunds

We will not reimburse you for the cost of the Meme-orial™ after you have gone through our checkout if you subsequently discover an error or for any other reason.

U.S. Dollars

Customers will be billed in U.S. Dollars.

Taxes
All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). You shall pay all sales, use, VAT, excise, property or other taxes or levies which we are required to collect or remit to applicable tax authorities.

Sharing

Your Meme-orial™ shall be shared by you to your social media accounts only by using the sharing buttons that appear on the side of the Meme-orial™ after you have proceeded through our checkout. You may not share a Meme-orial™ without proceeding through our checkout first. Copying or downloading a Meme-orial™ without purchasing the product first shall be considered theft.

A validly purchased Meme-orial™ can be accessed and shared after the date of creation by signing into your account.

Product Upgrades or Downgrades

We are constantly reviewing our product and service offerings to strive to provide our customers with the best suite of options available. We retain the right to revise our product and/or service offerings, including the tools made available to you, at any time for any reason including, without limitation, to comply with any applicable law or regulation.

Disclaimer

Meme-orial™ is provided on as “as is” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Love Lives On disclaims all warranties, express or implied, including, but not limited to, non-infringement, implied warranties of merchantability and fitness for a particular purpose. Love Lives On does not warrant that use of the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. Love Lives On does not warrant or make any representations regarding, and will not be responsible or liable for, the use or the results of the use of the services in terms of their correctness, accuracy, reliability, copyright compliance, legality, decency or otherwise.

Additional Terms and Conditions for Business Directory

Description of Service

Love Lives On Business Directory publishes online listings of businesses that provide funeral, grief counselling, legal and other services (herein after referred to as “our business directory”). Each and every business is given an individual listing page per geographical location (herein after referred to as a “business listing”). Users search for businesses by type of business and city/town/zip or postal code. Search results are provided by location on a map (Google Map).

Account

In order to obtain a business listing in our business directory, you will have to: do an account registration, choose a subscription plan and billing cycle (ie. monthly or annually), choose the number of business listings that you want, and enter valid credit card information.

For your account registration, you must submit your first and last names, a valid e-mail address, billing address, your phone number so that we can contact you about your account if required, and primary business category.

You may never use another person’s account. When registering your account, you must provide accurate and complete information. You shall not enter the first and/or last name of another person with the intent to impersonate that person, or use a pseudo name that is offensive, vulgar or obscene. You shall not use an e-mail address that belongs to another person.

You also warrant that you are the owner of the business, or an authorized agent of the business, that the business listing(s) pertains to. You also warrant that you have the legal authority, or express permission from the business owners, to create a business listing(s) in our business directory. You warrant that the business listing that you seek to procure in our business directory is for a legitimate business and that you have not knowingly provided false information about that business for publication in our business directory.

Failure to provide accurate and complete information during the account registration process shall constitute a breach of this agreement, which may result in immediate termination of your Love Lives On account.

We reserve the right to refuse registration of an account or to cancel an account.

Business Verification

After you purchase a business listing from us, we will make a good faith effort to verify that you are the owner of the business, or an authorized agent of the business. In the event that we are not satisfied that you are the owner or an authorized agent, we will e-mail you our decision to not include you in our business directory and will issue you with a full refund less a $60 administration fee.

Your Account Responsibilities

You are solely responsible for activity that occurs on your Love Lives On account. If you are ever unsure that an e-mail is from us, you must e-mail us at [email protected] and we will confirm our identify to you by providing your last billing invoice number and/or the four (4) last digits of the credit card that you used to purchase your subscription plan.

You will immediately notify us in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware.

It is your responsibility to update or change any account information, as needed or desired, by e-mailing us at [email protected]. This includes, but is not limited to, your contact phone number and e-mail address, and credit card information.

FOR SECURITY REASONS, PLEASE DO NOT PROVIDE ANY NEW CREDIT CARD INFORMATION BY E-MAIL.

Please send us an e-mail from the e-mail address that you used to sign up for your Love Lives On directory listing account and simply state that your credit card details have changed. We will e-mail you with instructions on how to update your credit card information.

Your Other Responsibilities

Business Category

Each and every business listing will appear in one category. You are responsible for choosing the category that best describes your business by e-mailing us at [email protected]. While you may feel your business belongs in more than one category, our system is designed to showcase the primary purpose of your business, therefore, please pick one category only.

The only exception to the one category rule applies to a funeral home that offers cremation. In this event, your business may appear under the “Funeral Homes” category, as well as the “Cremation” category.

If you fail to designate a category for your business, we reserve the right to choose a category for your business. While we will endeavour to choose the most appropriate category for your business, we are not responsible for any damages that may flow from our action or inaction with respect to our category selection.

Basic Information About Your Business

Each and every business listing contains this information about your business: the business name; category; main business phone number; city, state/province and country where the business is located; and business description (herein after referred to collectively as “basic information”).

You are responsible for supplying the basic information to us, as well as ensuring that it is correct.

Business Description

Each and every business listing contains a written description of the products and services offered by the business (herein after referred to as “business description”). The type of subscription plan purchased by you from us determines the maximum length of the business description in your business listing.

You are responsible for providing a business description that does not exceed the word limit prescribed by your subscription plan. However, we may modify it in order to correct spelling and grammatical errors and to include relevant keywords, or we may shorten it when the word limit is exceeded.

Additional Information About Your Business

Where applicable, your business listing can also include direct links to: business website; business Facebook Page; and business Twitter feed. It may also include: a business e-mail address; toll-free phone number; business cell phone number; fax. number; exact location address with zip/postal code so that potential customers can visit your business location. (Herein after these items will collectively be referred to as “additional information”.)

You are responsible for ensuring that any additional information you provide us is correct.

Images

Each and every business listing may include images (e.g. business premises; products; staff) provided by you. The type of subscription plan purchased by you determines the maximum number of images your business listing can have.

You are responsible for providing us with images for your business listing. (However, we may crop an image in order to make it fit the allotted space, and we may compress an image to improve page-loading speed.) If you provide more images than the subscription plan that you purchased allows, we will select which images to include in your listing.

Educational or Promotional Content

Some of our subscription plans allow you to also post educational or promotional content that showcases your expertise.  This includes written articles (text only) and videos hosted on your YouTube channel (herein after referred to as “educational or promotional content”).  The type of subscription plan purchased by you determines the maximum number ofeducational postsyour business listing can have.

With respect to written articles (text only), we will directly copy and paste the text that you provided and do some basic formatting.  While we will endeavour to keep the formatting that you provided, we cannot guarantee that the formatting of the final product will be identical to the submitted material.

With respect to videos hosted on your YouTube channel, you will provide us with a valid URL as well as an introductory paragraph of written text to explain what the video is about, (one or two sentences will suffice), along with a title for the video.

We are not responsible for proofreading any text provided, for fixing spelling or grammatical error, for ensuring that the information provided in your educational or promotional content is factually correct, for creating or modifying any type of content for your business listing.  You are solely responsible for producing the educational or promotional content shown in your business listing.

You warrant that you have all intellectual property rights to the educational or promotional content that you provide to us for display on your business listing and further warrant that your educational or promotional content does not violate these Terms of Use.

We reserve the right to have final approval of your educational or promotional content and to refuse to display a piece of content, or to take down educational or promotional content that has been displayed on your business listing, if we believe it to be in violation of these Terms of Use.

“Live” Business Listing

After we have made your business listing “live” on our site, (“live” meaning that the listing can be seen by the general public), we will e-mail you the full web link (URL) to your business listing. You are responsible for reviewing the “live” business listing and for contacting us at [email protected] if there are any errors contained therein.

You are also responsible for contacting us if any of the particulars contained in your business listing changes in the future, including, but not limited to, business category, basic information about your business, business description, and images.

Indemnity

Customer shall indemnify Love Lives On for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content including, but not limited to, unfair or deceptive acts and practices and consumer protection claims. Customer represents, warrants and covenants Love Lives On that at all times, (a) it is fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this agreement and to perform the acts required of it hereunder, and its execution of these Terms of Use does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by customer and operated by customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.

Term and Renewal

When you purchase a business listing subscription, you select a type of subscription plan and elect to pay either on an annual or a monthly basis (herein after referred to as “the initial term”).

When you elect to pay for a subscription on an annual basis, you will be billed upfront for a business listing that will be displayed in our business directory for a 12-month period starting from the date of subscription purchase.

When you elect to pay for a subscription on a monthly basis, you will be billed upfront for a business listing that will be displayed in our business directory for a 1-month period starting from the date of subscription purchase.

Your subscription plan will be automatically renewed for consecutive subsequent periods (each a “renewal period”) equal in length to the initial term, on or around the anniversary of the initial purchase date, unless you give us written notice that you wish to cancel your account with us.

Subscription Plan Upgrades and Downgrades

Your paid subscription plan is valid for either a monthly or an annual subscription period.

If you upgrade to a higher-level subscription plan during the subscription period, you will have immediate access to those higher-level features. You agree to pay Love Lives On the difference between your original subscription fee and the cost of the upgrade. This difference will be calculated on a pro-rated basis.

If you downgrade to a lower-level subscription plan, it will take effect at the end of your current billing cycle.

Cancelling Your Account

You may cancel your account at any time by e-mailing us at [email protected]. Cancellation of your account takes effect at the end of your current billing cycle; therefore, at the end of your billing cycle your credit card will no longer be automatically charged.

General Payment Terms

You may purchase products and/or services hereunder in a variety of ways including: (i) self-service checkout; (ii) e-mail sales quote; (iii) providing a credit card to with a Love Lives On sale representative (either on the phone or in-person); or (iv) a signed order form. By completing the purchase transaction, you agree to these Terms of Use and agree to pay for the products and services provided by us with a valid credit card or cheque payment. You may not change the form of payment without our prior written consent. Payment shall be made in U.S. Dollars, unless otherwise specified in your ordering documents.

U.S. Dollars

You will be billed in U.S. Dollars.

Taxes
All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). You shall pay all sales, use, VAT, excise, property or other taxes or levies which we are required to collect or remit to applicable tax authorities.

Refunds

You have 60 calendar days from the date of original purchase of your subscription plan (herein after referred to as “the initial 60-days”) to cancel your subscription plan by emailing suppo[email protected]in order to receive a full refund of all payments made

The initial 60-days is the only period in which you are entitled to any refund upon cancellation.  (In this event, it is a full refund.)

We must receive your notification of cancellation via e-mail [email protected]by midnight of the 60th day in order for you to receive a refund.

If you cancel your subscription plan by emailing[email protected]after the initial 60-days, you are not entitled to any refund, including a full or partial refund.

Non-Payment

If a scheduled credit card payment (herein after referred to as “payment”) fails to be processed by our payment system for any reason, our payment system will automatically re-try to process the payment an additional three times over the course of the following week at the following intervals after the initial attempt: 1 day; 4 days; then 7 days. We reserved the right to adjust our payment system for payment processing re-tries.

It is your responsibility at all times to advise us of any changes to your credit card information by contacting us at [email protected] to make arrangements.

FOR SECURITY REASONS, PLEASE DO NOT PROVIDE ANY NEW CREDIT CARD INFORMATION IN THE E-MAIL.

Please send us an e-mail from the e-mail address that you used to sign up for your directory listing account and simply state that your credit card details have changed. We will e-mail you with instructions on how to update your account.

We may contact you via e-mail or phone to advise you that your payment failed to be processed by our system. In the event that we do not have information for a valid credit card, we reserve the right to cancel your account and to remove your business listing(s) from our directory.

Incorrect Billing

If you believe that we have billed you incorrectly, you must e-mail us at [email protected] no later than thirty (30) calendar days after the billing date on the first billing statement in which the error or problem appeared.

Our Right to Change Pricing

We reserve the right to update the pricing of our services and products at the end of your current billing cycle, which is either annual or monthly. We will issue a notice of any pricing increase to our customers. If you do not accept our pricing increase, you may cancel your account within ten (10) business days of receipt of our notice of pricing increase by e-mailing us at [email protected]. Cancellation of your account takes effect at the end of your current billing cycle; therefore, at the end of your billing cycle your credit card will no longer be automatically charged.

Our Right to Refuse and Cancel

We reserve the right, without liability, to refuse registration of an account or to cancel an account, and to reject, remove and/or cancel any information in the business listings that contain content or links that do not meet our specifications, at our sole discretion.

Non-Transferability of Products and Services
The products and/or services purchased are valid only for you, and in the membership category and region specified at the time of purchase and may not be transferred either to a different customer or by you to a different category or region.

Product Upgrades

We are constantly reviewing our product and service offerings to strive to provide our customers with the best suite of options available. We retain the right to revise our product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.

Disclaimer

Our business directory is provided on as “as is” basis and without warranties of any kind, either express or implied. We give no guarantees as to the effectiveness of creating a listing in our business directory. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, non-infringement, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that use of the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. We do not warrant or make any representations regarding, and will not be responsible or liable for, the use or the results of the use of the services in terms of their correctness, accuracy, reliability, copyright compliance, legality, decency or otherwise.

Entire Agreement; Not Assignable; No Third Party Beneficiaries

These Terms of Use and our Privacy Policy constitute the entire agreement between us and you with respect to our site, (unless additional terms and conditions were presented to you in the Recitals of these Terms of Use). This agreement is personal to you and you may not assign it to anyone.

These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

Contact Information

For general inquiries regarding these Terms of Use or our Privacy Policy, please e-mail us at [email protected].

If you are a customer and have an inquiry about your account or billing, please e-mail us at [email protected].

To file a notice of dispute as per these Terms of Use, please e-mail us at [email protected] with the subject line: Notice of Dispute.

Last Updated: MAY 31, 2018