Terms of Use

1. Acceptance of Terms

The FuneralFolio website located at https://www.funeralfolio.com (the "Site") is operated by Feel Tomorrow LLC ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms are incorporated by reference into these Terms.

2. Access to the Site

2.1 License Grant

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your personal, non-commercial use in creating memorial materials for yourself or on behalf of family members.

2.2 Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

• You shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content;
• You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
• You shall not access the Site in order to build a similar or competitive website, product, or service;
• You shall not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site in any form without our prior written consent;
• You shall not use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Site.

2.3 Modifications and Availability

Company reserves the right to change, suspend, or discontinue the Site (or any part thereof) at any time with or without notice. You agree that Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

2.4 No Support Obligation

You acknowledge that Company has no obligation to provide you with any support, maintenance, updates, upgrades, or new releases in connection with the Site, unless otherwise agreed in writing.

3. User Accounts

Certain features of the Site may require you to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account;
• Notifying us immediately of any unauthorized use of your account;
• Ensuring that your account information is accurate and up to date.

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

4. User Content

4.1 Definition

"User Content" means any and all information, data, text, photographs, graphics, or other materials that you submit, upload, or otherwise make available through the Site, including obituaries, memorial text, photos, and other personal information about deceased individuals.

4.2 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and authorize the use of your User Content;
• Your User Content does not violate the privacy, publicity, intellectual property, or other rights of any third party;
• You have obtained all necessary consents from individuals (or their estates) whose personal information is included in your User Content;
• Your User Content is accurate and not misleading.

4.3 License Grant

By submitting User Content, you grant Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and display such content solely for the purpose of providing the services you request (such as generating memorial materials). This license is limited to the purposes of service delivery and does not grant us rights to use your content for unrelated commercial purposes.

4.4 Content Retention

Company is not obligated to backup any User Content. Your User Content may be deleted at any time without prior notice. You are solely responsible for creating backup copies of any User Content that you wish to retain.

5. Acceptable Use Policy

You agree not to use the Site to upload, transmit, display, or distribute any content that:

• Violates any third-party right, including intellectual property, privacy, or publicity rights;
• Is unlawful, harassing, abusive, threatening, harmful, vulgar, defamatory, or otherwise objectionable;
• Is false, intentionally misleading, or misrepresents the identity of any person;
• Contains viruses, malware, or other harmful code;
• Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group;
• Is harmful to minors in any way;
• Violates any applicable law or regulation.

Additionally, you agree not to:

• Interfere with or disrupt the Site or servers connected to the Site;
• Attempt to gain unauthorized access to any portion of the Site;
• Use the Site to harvest or collect information about other users;
• Send unsolicited communications through the Site;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including removing content, terminating accounts, and reporting violations to law enforcement authorities.

6. Intellectual Property Rights

6.1 Our Content

Except for your User Content, the Site and its entire contents, features, and functionality (including all information, software, text, displays, images, templates, designs, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Template License

When you purchase or use our memorial templates and designs, you receive a limited, non-exclusive license to use such templates for personal, non-commercial memorial purposes only. You may not resell, redistribute, or use our templates to create products for sale.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Site or our services, you grant us the right to use such feedback without restriction or compensation to you.

7. Copyright Policy

Company respects the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please send a written notification to our Copyright Agent containing:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information sufficient to locate it;
• Your contact information (address, telephone number, and email);
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send copyright infringement notices to: hello@feeltomorrow.com

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or advertisements that are not owned or controlled by Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Company shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Payment and Refunds

Certain services and products on the Site may require payment. All payments are processed through secure third-party payment processors. By making a purchase, you agree to provide accurate payment information and authorize us to charge your selected payment method.

Due to the personalized nature of memorial materials, refunds are handled on a case-by-case basis. Please contact us at hello@feeltomorrow.com if you have concerns about your purchase.

10. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

11. Limitation of Liability

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms;
• Your User Content;
• Your use of the Site;
• Your violation of any rights of another party.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@feeltomorrow.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, any claim or dispute arising from or relating to these Terms or the Site shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration may be conducted in person, by telephone, or online. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

13.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misappropriation of intellectual property rights.

14. Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Wyoming.

15. Term and Termination

These Terms remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.

Upon termination, your right to access the Site will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Site and updating the "Last updated" date. Your continued use of the Site after such changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Company regarding your use of the Site and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Electronic Communications

By using the Site, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

18. Contact Information

If you have any questions about these Terms or the Site, please contact us: