Terms of Use

Agreement Between User and HearFromMe, Inc.

The HearFromMe, Inc. web site is comprised of various web pages operated by HearFromMe, Inc. and the storage and computer facilities associated with the site. The HearFromMe, Inc. web site is offered to User conditioned upon User's acceptance without modification of the terms, conditions, and notices contained herein. User's use of the HearFromMe, Inc. web site constitutes User’s agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

HearFromMe, Inc. reserves the right to change the terms, conditions, and notices under which the HearFromMe, Inc. web site is offered, provided, however, that the price of Usership for any User shall not change.

Links to Third Party Sites

The HearFromMe, Inc. web site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of HearFromMe, Inc. and HearFromMe, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HearFromMe, Inc. is providing these links to User (if any) only as a convenience, and the inclusion of any link does not imply endorsement by HearFromMe, Inc. of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of User’s use of the HearFromMe, Inc. web site, User warrants to HearFromMe, Inc. that User will not use the HearFromMe, Inc. web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the HearFromMe, Inc. web site in any manner which could damage, disable, overburden, or impair the HearFromMe, Inc. web site or cause give any other party the right to claim damages against HearFromMe, Inc. for any reason whatsoever.

Communication Services

HearFromMe, Inc. is a communication service. The HearFromMe, Inc. web site may contain message sending capabilities including, but not limited to: e-mail, texts, photos, files and other information. It may also contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable User to communicate with individuals, a group or the public at large. All of these are herein known collectively as "Communication Services." User agrees to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using a Communication Service, User will not: Defame, abuse, harass, stalk, threaten, intimidate or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, forward, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. User agrees that HearFromMe, Inc. shall not forward any information to any party who has notified HearFromMe, Inc. that it does not want to receive information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless User owns or controls the rights thereto or has received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about other Users, including e-mail addresses. Violate any applicable laws or regulations. HearFromMe, Inc. has no obligation, and shall not, monitor the Communication Services. However, HearFromMe, Inc. reserves the right to review materials related to Communication Services should they be a threat to violate this agreement and to remove any materials which may violate this agreement in its sole discretion. HearFromMe, Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time should HearFromMe feels, in its own discretion, that User may be violating the terms of this agreement. HearFromMe, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HearFromMe, Inc.'s sole discretion. HearFromMe, Inc. does not read, review, control or endorse the content, messages or information found in any Communication Service and, therefore, HearFromMe, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.

User's Updates

HearFromMe, Inc. has no responsibility for, and User is solely responsible for, updating, canceling, correcting or otherwise changing User’s content provided for dissemination by HearFromMe, including, but not limited to: Provider of information, Designated receivers of communication, Designates, addresses, e-mail addresses.

Digital Time Capsule Content and Delivery

The content of all Digital Time Capsules will be limited to 200 individual files, not to exceed 2.5 GB in total size. Upon the passing of the user and confirmation of passing by the trustee(s), all messages associated with the death event will be delivered after a 48 hour waiting period beginning at the confirmation of passing by the trustee(s).

Materials Provided To HearFromMe, Inc.

HearFromMe, Inc. does not claim ownership of the materials, texts, messages, photos, videos and files User provides to HearFromMe, Inc. (Submissions). By uploading, inputting, providing or submitting User’s Submission User is granting HearFromMe, Inc., permission to forward User’s Submission in accordance with the instructions User has provided. By posting, uploading, inputting, providing or submitting User’s Submission User warrants and represents that User owns or otherwise controls all of the rights to User’s Submission as described in this section including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HearFromMe, Inc. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HearFromMe, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE HearFromMe, Inc. WEB SITE AT ANY TIME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HearFromMe, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HearFromMe, Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HearFromMe, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HearFromMe, Inc. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HearFromMe, Inc. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HearFromMe, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE HearFromMe, Inc. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HearFromMe, Inc. WEB SITE. ANY CLAIM FOR DAMAGES TO USER FOR ACTIONS OR INACTIONS OF HearFromMe, Inc. SHLL BE LIMITED TO THE FEES THAT USER HAS PAID FOR USERSHIP.

Termination/Access Restriction

HearFromMe, Inc. reserves the right, in its sole discretion, to terminate User’s access to the HearFromMe, Inc. web site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and User hereby consents to the exclusive jurisdiction and venue of courts in Orange County, Florida, U.S.A. in all disputes arising out of or relating to the use of the HearFromMe, Inc. web site. Use of the HearFromMe, Inc. web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. User agrees that no joint venture, partnership, employment, or agency relationship exists between User and HearFromMe, Inc. as a result of this agreement or use of the HearFromMe, Inc. web site. HearFromMe, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HearFromMe, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to User’s use of the HearFromMe, Inc. web site or information provided to or gathered by HearFromMe, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HearFromMe, Inc. with respect to the HearFromMe, Inc. web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HearFromMe, Inc. with respect to the HearFromMe, Inc. web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices

All contents of the HearFromMe, Inc. web site are: Copyright 2013 by HearFromMe, Inc. All rights are reserved.