TERMS OF USE

RoadSideMemorialsSites.com is a secure memorial service that provides a canvas for you to share your memories and pay tribute to those close to you that you have lost. Our website is subject to the following Terms and Conditions (hereafter “Terms of Use”).  By using this service in any way, you are agreeing to comply with these Terms of Use.  We reserve the right, at our sole discretion, to change or modify these Terms at any time. 

1.         DEFINITIONS. The terms "RSMS", "we", "us" and "our" when used in these Terms of Use means RoadSideMemorialsSites.com, including any of its affiliates, subsidiaries, affiliates or entities. The terms "you" and "your" when used in these Terms of Use means any user of this Website.

2.         AGREEMENT. Access to and use of this Website and any information or materials contained herein are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and uploading content to this Website, you accept, without limitation or qualification, these Terms of Use, which is a legally binding agreement. If you do not agree to these Terms of Use, please exit this Website now.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website. You should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the most recent Terms of Use under which you are legally bound. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

3.         PRIVACY DISCLOSURE/WARNING. RoadSideMemorialsSites.com  has established a Privacy Policy to explain to users how their information is collected and used.  A copy of our Privacy Policy is posted on our Website.  Your use of this Website signifies acknowledgement of your agreement to the terms of our Privacy Policy.  You further acknowledge and agree that RSMS may, in its sole discretion, preserve or disclose your content. RSMS does not plan on divulging information collected or disclosed voluntarily; however, certain information such as email addresses, IP addresses, and other user information, may be released if required to do so by law or to enforce the Terms of Use, respond to claims that any Content violates the rights of third-parties, or to protect the rights, property, or personal safety of RSMS, its users, or the general public. Any information collected at this site becomes public record that may be subject to inspection and copying by members of the public, unless an exemption in law exists.

4.         MINORS. This Website is a commercial site. It is not intended for children under the age of 13 without the permission of a parent or guardian. We at RSMS are concerned about protecting children's privacy. We hope parents are involved with their children's Internet explorations.

5.         OWNERSHIP. Unless otherwise indicated, this Website and its concept, design, content, and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website ("Content") are protected under applicable copyrights, service marks, trademarks and other proprietary laws which may apply. Any Content contained on this site or Intellectual Property contained therein is the property of RSMS or is contained on this site with the sole permission of its rightful owner and is protected pursuant to applicable copyright, service mark and trademark laws. ALL RIGHTS RESERVED. None of the elements displayed on this website (such as text, pictures, graphics, animations, media objects and layout) may be used, copied, altered, reproduced, distributed, republished, downloaded, modified, displayed, or transmitted in any form including, but not limited to, electronic, mechanical, photocopy or otherwise, without our express written permission. In particular, duplicates, translations, storage and processing in other electronic media are not permitted. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

6.         DECLARATION OF CONSENT UNDER DATA PROTECTION LEGISLATION/CONFIDENTIALITY. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website, please read these pages thoroughly and carefully. All personal data provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy. If you can be identified from the information you are providing to us, then RSMS needs your consent to collect it. You agree that your personal data, as provided by you to RSMS, may be saved and used by RSMS for the purposes of this website. Your data will not be used for other purposes, nor will such data be forwarded to third parties.  Our policy may be subject to additional requirements in compliance with local legislation in certain countries. Other countries are in the process of adopting data protection laws and we will be monitoring these laws and determining if we need to take any additional measures.

The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. We reserve the right to monitor your communications whether by mail, e-mail or any other form of transmission for the purposes of quality control.

7.         NO WARRANTY DISCLAIMER. While every effort has been made to ensure the high quality and accuracy of this site, RSMS makes no warranty, express or implied concerning its content or any service available through this site, which are provided "As Is".  RSMS expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will RSMS, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages arising directly or indirectly from the use of (or failure to use) this site.  We also make no representations or warranties as to whether the information accessible via this site is accurate, complete, or current. We do not provide any representations or warranties against the possibility of deletion, non-delivery or failure to store communications or other data. Upon RSMS’s request, you agree to defend, indemnify and hold harmless RSMS from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you.

8.         REGISTRATION AND RESPONSIBILITES. Certain areas of this site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to RSMS and the site using your user name and password. You agree to immediately notify RSMS if you become aware of any loss or theft of any sign-on password or I.D. or of any unauthorized use of a user name and password. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you.

You will provide RSMS with accurate and complete registration information (including in particular your e-mail address) and inform RSMS of any changes to such information. For the purpose of confirming your compliance of these Terms, RSMS reserves the right to monitor and record activity on the site, including access to RSMS Content.

You are responsible for providing and maintaining your account. You are allowed to post, upload and otherwise submit Material to this Website as long as the Material does not contain vulgar, profane language, or any of the like. Each time you submit Material to this Website you represent that you have the right to submit said Material.

You agree to use this site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this site any computer or other media device designed to interfere with the normal operating processes.

9.         MODIFICATION AND DISCONTINUATION. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website. Your obligations in connection with the Terms of Use, including, without limitation, the Exclusion of Liability, shall survive the termination of this Website.

10.       GOVERNING LAW AND JURISDICTION. These Terms shall be governed by, and construed in accordance with the laws of the United States. The parties irrevocably agree that the courts of the United States shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the US courts. For the exclusive benefit of RSMS, RSMS shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.