Terms & Conditions

PASSAWAY LLC Terms of Service

Last Updated: Aug. 7, 2017 This contract is a binding, legal document between PASSAWAY, LLC, its subsidiaries and affiliates (collectively, “PASSAWAY,” “We,” “Us”), and you governing the use of our websites and our services.
1. General

PASSAWAY provides on-line funeral information resources to help people honor their loved ones forever.  Our website, www.passaway.org  offers support and allows people to create and prepare on-line condolences and obituaries, to share memories, histories, photographs and video tributes of their beloved deceased, that can be shared by family and friends in a timely and interactive manner around the world, facilitating the communication of this information in a friendly way (collectively, the “Services”) under this Terms of Service and corresponding Privacy Policy. By accessing, registering for or using our Services, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms of Service” or this “Agreement”) and all applicable laws.

You are only allowed to use our Services if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these documents, you must not access our websites or use our Services.

2. Age Requirement

Our Services require that all users are old enough to form a binding, legal contract with PASSAWAY (usually, this age is 18 years old). If you are younger than the age to form a valid, legal contract with us, you must get your parent or guardian’s permission to use our Services. It is very important that you read these Terms of Service and Privacy Policy with your parent or guardian to understand the rules of conduct that correspond with the PASSAWAY Services. PASSAWAY does not permit any user under the age of 13 to create an account.

3. Privacy Policy

In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here: Privacy Policy

5. No Liability for Third Party Websites or Services
These Terms of Service and corresponding Privacy Policy apply to all Services and extend to all of our users. Our Services may contain links to third party websites and services that are not owned or controlled by PASSAWAY and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third party websites or services. By using the PASSAWAY website and Services, you specifically release PASSAWAY from any and all liability arising from your use of any third party website, third party services, or interaction with any third party.
6. Modification of Terms
PASSAWAY reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to our Services behind the links labeled “Terms of Service” and “Privacy Policy.” If we make any material changes in the way that we collect, store, or use data, we will notify users of these changes. It is your responsibility to regularly visit and review this Agreement and the Privacy Policy. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply stop using our Services. Your continued use of our Services after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.
7. Use of Services

This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:

  1. PASSAWAY Code of Conduct
    PASSAWAY gives users a virtual platform where they can submit content which is not copied or replicated from any newspaper or other publication regarding loved ones. “User Posts” refer to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials—whether publicly posted or privately transmitted on the PASSAWAY Services.If you choose to post User Posts on the PASSAWAY Services, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Services reflects your respect for the legal rights of users connected with PASSAWAY. By using the Services and submitting User Posts, you understand that the User Posts are subject to the PASSAWAY Privacy Policy.By using PASSAWAY and participating in the PASSAWAY Services, you agree that your User Posts will not contain anything that is or could appear to be:
    • Threatening, bullying, harmful, stalking another user, harassing, hateful
    • Racially, ethnically, or otherwise objectionable
    • Offensive language
    • Untrue, misleading, libelous, invasive to another person’s privacy or protected data
    • Pornographic, sexually explicit, unlawful or plagiarized
    • Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights
    • Anything that you do not have the legal right to transfer
    • Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information
    • Unsolicited, undisclosed, or unauthorized advertising (commercial activity)
    • Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment
    • Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use
    • Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws)

    PASSAWAY takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that PASSAWAY deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that PASSAWAY will pursue civil remedies without providing advance notice.

  2. Responsibility for User Posts
    Any User Posts that are either posted publicly or privately on the PASSAWAY Services is the sole responsibility of the user who posted it. Your access to the PASSAWAY Services and User Posts is AT YOUR OWN RISK. PASSAWAY cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
  3. User Post Content Disclaimer
    PASSAWAY may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. PASSAWAY has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on PASSAWAY Services. You are solely responsible for how you view and interpret User Posts on the PASSAWAY Services.
8. Monitoring User Posts

PASSAWAY expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT PASSAWAY RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.

PASSAWAY reserves the right to modify or remove User Posts in it sole discretion and without prior notice. PASSAWAY also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.

  1. Copy Restrictions

    PASSAWAY respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

    • decompile, disassemble, or electronically transfer our Services to third parties
    • modify our Services in any way
    • reverse engineer, or permit others to reverse engineer, our Services
    • copy the user manuals, help features, user forums and other documentation associated with our Services
    • rent, lend, publicly perform, present, broadcast or distribute our Services
    • make derivative works of our Services
    • translate our Services into another computer language
    • use our Services on a device that you do not own or control
    • permit multiple users to share a single user name to our Services
    • copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service
  2. Harmful or Illegal Use

    By using the Services, you agree to respect PASSAWAY and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:

    • permit multiple users to share a single user name to our Services
    • undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space
    • use our network to send unsolicited bulk electronic mail messages (“Spam”)
    • use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.
    • use or launch any automated system on our network, including (without limitation) “robots” or “spiders
    • use BitTorrents or related technology on our servers
    • use a false email return address to confuse other users
    • attempt to access other networks or accounts that do not belong to you on our network
    • undergo any act that interferes with the Services of another user or network
    • circumvent security measures on the network or our Services
    • engage in illegal activities or engage in activities harmful to the operations of PASSAWAY, our Services or other customers and users
    • use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data
    • engage in terroristic activities
    • send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights
    • provide false data on any of the services
9. Intellectual Property Rights
The content provided in the Services, except all User Posts, is owned by or is licensed to PASSAWAY. Our Intellectual Property includes, but is not limited to the text, graphics, photos and interactive features created by and for PASSAWAY (collectively, “PASSAWAY Content”). As well as the trademarks, service marks, and logos noted below and is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the PASSAWAY Content or Marks. The PASSAWAY Content is provided to you AS IS, for your information, and personal use only. PASSAWAY Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of PASSAWAY Content obtained through the Services for any commercial purpose. PASSAWAY, PASSAWAY.ORG, and the PASSAWAY Logo as shown here are trademarks of PASSAWAY, LLC.

These trademarks, or any names or marks confusingly similar to them, may not be used as trademarks in connection with any other similar or related goods or services not owned or licensed by PASSAWAY, LLC.
10. Copyright Infringement

To file a notice of infringing material on a site owned or controlled by PASSAWAY, please provide written notification containing the following details:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest
  • A description of the copyrighted work or other intellectual property that you claim has been infringed, including author, title, any registration, URL information
  • A description of where the allegedly infringing material is located on the PASSAWAY website, with enough detail that we are able to find it
  • Your Address, Telephone Number, and Email Address where you may be reached
  • A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, its agent, or the law
  • A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf

Then send this notice to our Copyright Agent Lisa Kaufman
E-Mail:
LNKTM@outlook.com
Address:
Lisa N. Kaufman
2807 Poinciana Circle
Cooper City, FL 33026

11. User Data & Accounts
  1. User Data
    PASSAWAY does not own any data, information, or material that you submit to the Services (“User Data”). You, not PASSAWAY, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. PASSAWAY cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
  2. User Accounts
    When you sign up for a User Account with PASSAWAY, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect for User Accounts, please visit our Privacy Policy.

    If your information changes, it is your responsibility to update your account to reflect these changes. If PASSAWAY feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, PASSAWAY may suspend or terminate your account.

12. Term & Termination

By using our Website, you understand and agree that PASSAWAY, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, your access to the Website, or suspend or block your access to the Website.

In the event that termination occurs, PASSAWAY retains the ability to exploit the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts (as specified in our “USE OF SERVICES” section of these Terms of Use)

  1. Termination or Cancellation by PASSAWAY
    PASSAWAY reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.

    If PASSAWAY suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.

13. Representations & Warranties

By using our Website, you understand and agree that PASSAWAY, at its sole discretion, and with or without cause or notice to you, can terminate these Terms of Use, your access to the Website, or suspend or block your access to the Website.

In the event that termination occurs, PASSAWAY retains the ability to exploit the electronic or printed materials it has created, or developed specific plans to create, that contain such User Posts (as specified in our “USE OF SERVICES” section of these Terms of Use)

  1. PASSAWAY’s Representations and Warranties
    PASSAWAY represents and warrants that in performing the Services provided in this Agreement that:
    • It has the authority and is legally able to form a binding contract with you
    • It will, at a minimum, conform to generally accepted industry standards and practices
    • It will be qualified by education and experience to perform the duties required in this Agreement
    • It is sufficiently staffed and equipped to fulfill its obligations under this Agreement
  2. Your Representations and Warranties
    By registering for and using our Services:
    • You represent and you warrant that you are legally able to form a binding contract with PASSAWAY, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
    • You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
    • You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
    • You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
    • You agree to immediately notify PASSAWAY of any unauthorized use of your account or any other breach of security. PASSAWAY will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
    • You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. PASSAWAY does not claim ownership to or responsibility for, any User Post or User Data.
    • PASSAWAY reserves the right, but does not assume the responsibility, to monitor or review any activity on PASSAWAY’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
    • You agree to use our Services only for purposes that are legal, proper and according to the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
    • You agree that you will not engage in any activity that interferes with or disrupts PASSAWAY services or servers or networks connected to PASSAWAY services.
    • You represent and you warrant that you will not use PASSAWAY Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of PASSAWAY and are grounds for suspension or termination of your account.
14. Indemnification
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless PASSAWAY, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
  1. Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service
  2. Your use of and/or access (or any use or access by a third party on your account) to the websites or Services
  3. Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right
  4. The unavailability of websites or Services
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
15. Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PASSAWAY, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE PASSAWAY SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PASSAWAY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PASSAWAY SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO PASSAWAY DURING THE PRIOR THREE MONTHS IN QUESTION.

16. Internet Delays

THE PASSAWAY SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PASSAWAY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

17. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PASSAWAY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. PASSAWAY DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF PASSAWAY SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PASSAWAY AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

18. Exclusions & Limitations

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

19. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service.

20. No Agency

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and PASSAWAY by this Agreement.

21. Notice

You agree that PASSAWAY may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on PASSAWAY Services.

22. Miscellaneous
  1. Entire Agreement
    The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and PASSAWAY and govern your use of the Services, superseding any prior agreements between you and PASSAWAY for the use of the Services. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting PASSAWAY’s liability will survive the expiration or termination of this Agreement.
  2. Choice of Law and Forum
    The Terms of Service and the relationship between you and PASSAWAY are governed by the laws of the State of Florida. You and PASSAWAY agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida.
  3. Location and Data Transfers
    Our Services and the servers that make the PASSAWAY website available may not be located in the country where you live and are governed by U.S. Law. By using the PASSAWAY services, you agree to the transfer, collection, processing and use of data by PASSAWAY.
  4. Assignment
    PASSAWAY may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. PASSAWAY may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
  5. Waiver and Severability of Terms
    If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If PASSAWAY does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by PASSAWAY in writing.
  6. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PASSAWAY Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Questions or Additional Information

If you have any questions regarding PASSAWAY, this Agreement, our Privacy Policy, or any other additional information, please email us at: info@PASSAWAY.ORG

To evidence your agreement to these Terms of Service, you will click “I Accept” at the billing and check-out page of our web-site.