Tribute Technology Terms of Use
Last Updated: April 20, 2023
These Terms of Use, together with Tribute Technology's
Privacy Policy, (collectively, the "Terms") set forth the terms and conditions that apply to your access and use of the website of Tribute Technology (https://www.tributetech.com/) and our associated services, including Tribute Technology services that are available through the websites of our client funeral homes and other funeral professionals (each, a “Client”) and any other websites where we link to these Terms (together, the "Sites"), whether as a Client, end user or customer of a Client, or otherwise. Such Tribute Technology services are referred to herein collectively as the “Services.” Certain Services accessible through the Sites may have their own terms and conditions that apply to your use of those particular Services. These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and the applicable entity referred to in Section 13 of these Terms ("Tribute Technology," "we," "us" and “our”) concerning your access to and use of the Services.
By using or accessing the Services, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below. If you do not agree to the following Terms, do not access or use the Services.
Notice of Binding Arbitration. These Terms provide that all disputes between you and us that in any way relate to these Terms or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section 12 below entitled “Interpretations and Disputes” for the details regarding your agreement to arbitrate any disputes with us.
Except for Content, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, music and other materials contained on or comprising the Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Sites and Services, and the software comprising and/or embodying the foregoing (collectively, the “Tribute Technology Materials”), are owned, controlled, or licensed by or to Tribute Technology, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Services gives you no ownership rights in the Tribute Technology Materials.
Tribute Technology, or third parties from whom Tribute Technology has permission, own the trademarks and service marks that are used in the Services. All rights are reserved by Tribute Technology and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Tribute Technology and its licensors may not be used without prior written consent of Tribute Technology or its licensor, as the case may be. Without limiting the foregoing, no Tribute Technology trademark or trade dress may be used in connection with any product or service that is not Tribute Technology's in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Tribute Technology.
You grant Tribute Technology a perpetual, royalty free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know how, or techniques that you submit about the Services or Tribute Technology Materials for any purpose (including, without limitation, commercialization) and without compensation to you
6. User Content. You represent and warrant that you own or otherwise have the rights, licenses, consents and permissions necessary to provide Tribute Technology the Content you provide in connection with the Services. If you believe that your Content or any other material posted in connection with the Services has been used in a way that constitutes copyright infringement, please notify us following the procedures set forth in this Section.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to our designated Copyright Agent, identified below.
Notices of Alleged Infringement:
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us a notice (“Notice”) complying with the following requirements.
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
e. Provide your full legal name and your electronic or physical signature.
Please deliver this Notice, with all items completed, to our designated Copyright Agent at the following address:
Copyright Agent
c/o Tribute Technology
2501 Parmenter Street, Suite 300C
Middleton, WI 53562
Phone: 866-303-1880
Email:
copyright@tributetech.com
Tribute Technology has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Tribute Technology or others.
7. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Tribute Technology, its affiliates, and each of their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services, including, without limitation, involving any Content you post or submit to us or in connection with the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any disputes or issues between you and any third party; or (v) access to, use of, or alleged use of the Services by anyone accessing the Services using your user name and password. Tribute Technology reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. For the avoidance of doubt and without limiting the foregoing, you agree to indemnify Tribute Technology against any claims that Content you submit to Tribute Technology violates the intellectual property and/or privacy rights of any person or third party.
8. Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, Tribute Technology in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Tribute Technology at websites@tributetech.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Tribute Technology may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
9. Modification of the Terms. Tribute Technology reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon updating the posting of these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Services following revisions to these Terms will be deemed acceptance of any modifications to the Terms.
10. Disclaimers of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although Tribute Technology seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. TRIBUTE TECHNOLOGY SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND THE SERVICES. TRIBUTE TECHNOLOGY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SITES OR THE SERVICES. TRIBUTE TECHNOLOGY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
11. Limitation of Liability. IN NO EVENT WILL TRIBUTE TECHNOLOGY OR ITS AFFILIATES, VENDORS, SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRIBUTE TECHNOLOGY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL TRIBUTE TECHNOLOGY’S, OR ITS AFFILIATE’S, VENDOR’S, SUPPLIER’S, OR PARTNER’S, AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE RELATED TO THE CLAIM, IF ANY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Interpretations and Disputes. YOU AND TRIBUTE TECHNOLOGY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
13.
Contracting Entity; Governing Law. All references to “Tribute Technology,” “we,” “us” or “our” in the Terms refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website these Terms appear, as posted on such website. Additionally, these Terms are governed by the laws of the state or province identified in the table below, again based on the location of the business address of the Client or other business on whose website these Terms appear, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Tribute Technology agree to submit to the exclusive personal jurisdiction of the courts located in and for the ”Exclusive Jurisdiction” identified in the table below, for the purpose of litigating all such disputes. Any cause of action or claim with respect to the Sites or the Services must be commenced within two (2) years after the action or claim arises or is discovered.
Location of Business Address | Applicable Contracting Entity | Governing Law | Exclusive Jurisdiction |
---|---|---|---|
Canada | Tribute Technology Canada, ULC, a British Columbia unlimited liability company | Ontario | Toronto, Ontario |
United States and the rest of the world outside Canada | Tribute Technology US, LLC, a Delaware limited liability company | Delaware | Madison, Wisconsin |
14. Modification of the Sites. Tribute Technology reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites at any time without any notice or further obligation to you. You agree that Tribute Technology will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites.
15. General.
15. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
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