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Universal Terms of Service

Last Updated: August 24, 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY FORM AN AGREEMENT AND IMPACT YOUR LEGAL RIGHTS.

These UNIVERSAL TERMS OF SERVICE are an agreement which sets forth the terms and conditions (collectively, the “UToS”) governing the use of the products, services, websites (eternal.me) and/or mobile-optimized versions of the website to which the UToS are linked (collectively, the “Website”), all of which are owned or operated by Eternal Me Corporation, its parent, subsidiaries, affiliates and/or brands (collectively, "Company" or "Eternal Me"), by a Website visitor, user, customer, customer end-user, and/or the party set forth in the related Company order form ("Customer", "you", or "your"), which is incorporated herein by this reference (together with any subsequent order forms submitted by Customer to Company, collectively, the “Order”) and applies to Customer’s use and/or purchase(s) of any products, software, applications or other electronic or web-based services ordered by Customer on the Order (each a “Product” and collectively, the “Products”). The term “Website” also includes and is not limited to any subdomains of the Website and any content, code, data, services, products, features or functionality made available from or through the Website, including the Eternal Portal, Dashboards, and Digital Estates. Company reserves the right to and may change the UToS from time to time, at any time without notice to you or Customer, by any means and without liability to you or to any third party. Any modifications will be published on this page. It is your responsibility to review the most recent version of this UToS.

If you access and/or use the Website or Products, this signifies that you have read, understand, acknowledge and agree to be bound by the UToS, along with the Acceptable Use Policy (“AUP”), and Privacy Policy, Memorial Hosting Agreement, Eternal Services Agreement, Eternal Domain Registration Agreement, and, where applicable, the Canada-Specific Terms (collectively referred to as the "Agreements"), all of which are incorporated herein by reference.

SIGNING UP FOR AN ACCOUNT, A SERVICE, OR USING THE WEBSITES AND/OR PRODUCTS CREATES A CONTRACT BETWEEN A VISITOR, USER OR CUSTOMER AND COMPANY AND EACH HEREBY ASSENTS, ACCEPTS AND AGREES TO BE BOUND BY THE AGREEMENTS. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE UTOS AND AGREEMENTS, DO NOT USE THE WEBSITES OR PRODUCTS.

1. Modification to the Products, Website and/or Agreements.
   1. Unless otherwise stated, capitalized terms shall have meanings as set forth in the Agreements, and in the event of a conflict, the provision of the UToS shall control.
   2. BY USING A PRODUCT(S) AND/OR THE WEBSITE(S), EACH VISITOR, USER AND CUSTOMER ACCEPTS AND AGREES TO ABIDE BY THE AGREEMENTS AND REPRESENTS AND WARRANTS THAT EACH HAS THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THE AGREEMENTS INDIVIDUALLY OR ON THEIR BEHALF THE ENTITY THEY MAY REPRESENT, AS THE CASE MAY BE. IF A VISITOR, USER OR CUSTOMER DOES NOT AGREE TO THE AGREEMENTS THEN THEY SHOULD NOT ACCESS OR OTHERWISE USE A PRODUCT OR THE WEBSITES.
   3. Company may, in its sole discretion, at any time, change or modify the Agreements, and such changes shall be effective immediately.
   4. A visitor, user or Customer’s access to and/or use of a Product or the Website after changes or modifications to the Agreements have been made shall constitute such party’s acceptance of the Agreements as of the “Last Updated” date stated above.
   5. Company may (but is not obligated to) notify Customer of changes or modifications to the Agreements by electronic mail or other methods. It is therefore important that Customer keep Customer’s Company account information ("Customer Account") accurate and updated via the Eternal Portal.
   6. Company may terminate, as determined in Company’s sole and absolute discretion, Customer’s access to a Customer Account or the Products for any violation or threatened violation or breach by Customer of any terms of the Agreements.
   7. COMPANY RESERVES THE RIGHT TO MODIFY, CHANGE, UPDATE, OR DISCONTINUE ANY ASPECT OF THE PRODUCTS WEBSITES OR AGREEMENTS, INCLUDING WITHOUT LIMITATION PRICING AND/OR FEES, AT ANY TIME, WITH OR WITHOUT NOTICE.
      1. Company reserves the right to cease offering or providing any of the Products or individual features, functionalities, or aspects of the Products at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all Products and features, functionalities, or aspects of the Products, there are times when a Products or specific feature, functionality, or aspect of a Products offered will be discontinued or reach its end-of-life (“EOL”). In either case, those Products, or the specific feature, functionality, or aspect of that Product, will no longer be supported by Company, in any way, effective on the EOL date. In the event that any Product offered reaches or will reach EOL, Company will attempt to notify Customer in advance of the EOL date. It is Customer’s responsibility to take all necessary steps to replace the Product by migrating to a new Product before the EOL date (if available), or by entirely ceasing reliance on such Product before the EOL date. In either case, Company will either offer a comparable Product (if possible) to migrate to for the remainder of the Term (as defined herein), a prorated credit, or a prorated refund, to be determined by Company in its sole and absolute discretion. Company may, with or without notice to Customer, migrate Customer to the most up-to-date version of the Product, if available. Customer agrees to take full responsibility for any and all loss or damage arising from any such migration. However, if the Product maintains a reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Company in its sole and absolute discretion, Company will not be required to offer a comparable feature or functionality for the Product or a refund. Company will not be liable to Customer or any third party for any modification, suspension, or discontinuance of any Product or individual features, functionalities, or aspects of a Product offered, provided or facilitated access to. You further agree that in the event Company provides you with the most up-to-date version of the Product or a comparable Product, such Product will be deemed part of the Website and subject to all terms and conditions of this Agreement.
      2. Company may from time to time in its sole discretion develop and provide Website or Product updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality, and that all Updates will be deemed part of the applicable Website or Product and subject to all terms and conditions of this Agreement.
2. Reservation of Rights. Nothing in this Agreement grants you any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Products, Website, third-party materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Website and Products, and the third-party materials are and will remain with Company and the respective rights holders in the third-party materials. For the purposes of the Agreements, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
3. Authority To Contract.
   1. The Products are available only to individuals or entities who can form legally binding contracts under applicable law. By signing up for and/or using the Products, Customer represents and warrants that Customer (or an entity’s representative) is at least eighteen (18) years of age; otherwise recognized as being able to form legally binding contracts under applicable law; and/or is not a person barred from purchasing or receiving the Products under the laws of the United States or other applicable jurisdiction.
   2. If Customer enters into the Agreements as a representative or on behalf of a legal entity or third party that retains or may retain ownership in a Customer Account, then Customer hereby represents and warrants that Customer has the legal authority to bind such legal entity or third party to the terms and conditions contained in the Agreements, in which case the term “Customer” shall refer to such entity or third party. If, after Customer’s electronic or other acceptance of the Agreements, Company finds that Customer does not have the legal authority to bind such entity or third party, Customer will be personally responsible for the obligations contained in the Agreements, including, but not limited to, any payment obligations. Company shall not be liable for any loss or damage resulting from Company’s reliance on any representation, instruction, notice, document or communication reasonably believed by Company to be genuine and originating from an authorized representative of Customer’s entity or third party. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Company reserves the right (but undertakes no duty) to require additional authentication from Customer.
   3. “Customer Content” is defined as any data, information, materials, or other content that is submitted to, stored on, transmitted through, or otherwise processed via the Products by Customer or on Customer’s behalf. This includes, without limitation, any content submitted or generated by Customer’s own clients, end users, website(s), or other authorized or unauthorized users of the Customer Account or the Products. Customer further agrees to be bound by the terms of the Agreements for all activities and transactions conducted through the Customer Account or the Products, whether by Customer, Customer’s agents, or any third party accessing the Products through the Customer Account, regardless of whether such access was authorized.
   4. A visitor, user and/or Customer acknowledges and agrees that any submissions (i.e., telephone, email, direct messaging/chat, etc.) to Company are entirely voluntary, do not establish a confidential relationship or obligate Company to treat such submission as confidential or secret, that Company has no obligation, either express or implied, to develop or use any submission, and no compensation is due for any intentional or unintentional use of any submissions, and that Company may be working on the same or similar content, it may already know of such content from other sources, it may wish to develop this (or similar) content on its own, or it may have taken or will take some other action. A visitor, user and/or Customer acknowledge and agree that Company may retain such submissions to collect information to enhance a visitor user and/or Customer experience.
4. Customer’s Account.
   1. In order to access some of the features of the Website or the Products, Customer must create a Customer Account. Customer represents and warrants to Company that all information Customer submits when Customer creates a Customer Account is accurate, current and complete, and that Customer will keep the Customer Account information accurate, current and complete. If Company has reason to believe that the Customer Account information is untrue, inaccurate, out-of-date or incomplete, Company reserves the right, in its sole and absolute discretion, to suspend, cancel or terminate the Customer Account. Customer is solely responsible for the activity that occurs on the Customer Account, whether authorized by Customer or not, and Customer must keep the Customer Account information secure, including without limitation all Customer number or login, password and payment method(s). For security purposes, Company strongly recommends that Customer change Customer’s password periodically for any Account.
   2. If the Customer acts on behalf of a legal entity or third party, upon request by Company, Customer shall provide Company with any contact or other information related to the true owner of the relevant Customer Account, which may include providing a valid proof of authorization.
   3. Customer must notify Company immediately of any suspected breach of security or unauthorized access or use of the Customer Account.
   4. Company will not be liable for any loss incurred due to any unauthorized use of a Customer Account. Customer may be liable for any loss Company or others incur if the unauthorized use was caused by the gross negligence or willful misconduct of Customer.
5. Protection of Customer Data
   1. Company offers certain Products that may involve the processing of personal data about visitors, users and/or Customers (“Personal Data”) in the course of the use of the Website and Products (“Covered Data”). Personal Data, for the purpose of this Section, excludes any Customer Content. Company’s DPA, which is hereby incorporated by reference and applicable to Covered Data, provides Customer contractual assurance that Company has robust mechanisms to ensure the processing of Personal Data, including transfers of Personal Data from the European Economic Area to a third country, and meets with compliance under applicable data privacy laws.
   2. For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), visitors, users and/or Customers (and applicable affiliates) are considered the Data Controller/Data Exporter, visitor, user and/or Customer’s acceptance of the applicable terms of service governing Covered Data at the time of purchase of any Covered Data will also be treated as a visitor, user and/or Customer’s acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). If a visitor, user and/or Customer wishes to print, sign and return a physical copy of the DPA, please send an email request to privacy@eternal.me.
   3. By accessing or using the Website or Products, Customer expressly consents to the collection, processing, and storage of their data, including Personal Data and Customer Content, as described in the Agreements and Company's Privacy Policy.
6. Customer’s Responsibilities.
   1. Customer is solely responsible for all aspects of the Customer Content.
      1. Customer will cooperate fully with Company in connection with Company's delivery and performance of the Website and Products. Customer must provide any equipment or software that may be necessary to access the web.
      2. Because the Products permit Customer to electronically transmit or upload content, Customer shall be fully and solely responsible for uploading, supplementing, modifying and updating the Customer Content.
      3. All Customers, their users, clients or End-Users must comply with the terms of the Agreements.
7. Customer’s Representations and Warranties.
   1. Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term (as such terms are defined herein) thereafter for the Products, that Customer will ensure that:
      1. Customer is and remains the legal owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all copyrights, trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any person or third party;
      2. Customer’s use, publication, and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
      3. Customer will comply with all applicable laws, rules, and regulations regarding the Customer Content; and
      4. Customer has used and will continue to use its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and/or other malicious code; and
      5. Customer is authorized to access and/or offer Products to your customers and/or your customers' end-users. Company shall require you, your customers and your customers’ end-users to agree to the Agreements prior to accessing the Website and Products and may immediately terminate an individual’s access to the Website and Products for a violation of the Agreements. You will not, unless otherwise agreed to in writing, take any action that would knowingly (i) allow any party, other than your customers and/or your customers’ end-users, to obtain access to Website or Products, or (ii) allow use of the Website or Products in any manner which would allow the general public access to the Website or Products or for the benefit of any third party. You shall promptly notify Vendor in the event you become aware of any unauthorized access to the Website or Products.
8. Availability of the Services. Subject to the terms and conditions of the Agreements, Company shall use commercially reasonable efforts to attempt to provide the Website and Products avaialble at least (99%) of the time as measured over the course of each calendar month during the Term, however, such up-time is not a guarantee. Customer understands, acknowledges and agrees that from time to time the Website and Products may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements that Company undertakes from time to time or causes beyond Company’s reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Customer understands, acknowledges and agrees that Company has no control over the availability of the Website and Products on a “guaranteed” continuous or uninterrupted basis and that Company assumes no liability to Customer or any other party with regard thereto.
9. Monitoring of Content; License to Company.
   1. Company does not pre-screen or monitor Customer Content. However, Company reserves the right (but undertakes no duty) to do so and decide whether any item of Customer Content is appropriate and/or complies with the Agreements.
   2. Customer hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term (as such terms are defined herein) thereafter to do the following to the extent necessary to provide and operate the Website and Products:
      1. the right to reproduce, copy, use and distribute all and any portion of the Customer Content;
      2. store, process, retrieve, and transmit all and any portion of the Customer Content;
      3. make archival or backup copies of the Customer Content (although Company is not required to do so as Customer is solely responsible for backing-up any Customer Content);
      4. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer; and
   3. Company, in its sole discretion, reserves the right:
      1. to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Products (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, of the Customer Content); and/or
      2. to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal.
   4. Customer further agrees that Company shall not be liable to Customer for any loss or damages that may result from such conduct.
10. Billing and Payment.
    1. Customer agrees to pay all amounts due for the Products at the time of order. All amounts are non-refundable unless otherwise noted by Company in writing.
    2. Company reserves the right to change its prices and fees at any time, and such changes shall be on the Website and/or within a Customer Account, and be effective immediately without further notice to Customer. Any pricing dispute shall be controlled by the pricing listed in a Customer Account and effective immediately without need for further notice to Customer. If Customer purchased or obtained the Products for a period of months or years, changes in prices and fees shall be effective when the respective Products renew.
    3. Any Product fees may not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority (excluding any tax on Company’s net income). All such taxes may be added to Company’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and subject to Company’s refund policy, when paid to Company.
    4. Unless otherwise specified, Customer agrees to pay all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice (“Due Date”), unless otherwise stated in the Customer Account. If any invoice is not paid within seven (7) days after the Due Date, Company may charge Customer a late fee of $25.00 for and in addition any amounts payable to Company
    5. If Company collects any payment due by law or under advice from an attorney or with a collection agency, or if Company prevails in any action to which Customer and Company are parties, Customer agrees to pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Company’s reasonable attorneys’ fees.
    6. Customer agrees in the event that any amount due to Company remains unpaid seven (7) days after such payment is due, Company, in its sole discretion, may immediately terminate the Agreements, and/or terminate, suspend or cancel the Products.
    7. Customer agrees to pay a $50.00 charge to reinstate a Customer Account that has been suspended or terminated.
    8. Customer agrees to pay wire transfers of $35.00 per wire transfer.
    9. Customer agrees to pay a charge of $35.00 for all credit card chargebacks or insufficient funds.
    10. Auto Renewal:
        1. Other than as required by applicable law, Company does not retain hard copies or electronic versions of mandates, standing orders or standing instruction forms and/or any signed consents relating to a Customer’s payment or usage of Company automatic renewal services, and Company are therefore unable to provide any such document upon request.
        2. IN ORDER TO ENSURE THAT CUSTOMER DOES NOT EXPERIENCE AN INTERRUPTION OR LOSS OF ACCESS TO THE PRODUCTS, THE PRODUCTS ARE OFFERED ON AN AUTOMATIC RENEWAL BASIS. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL RENEWS THE APPLICABLE PRODUCT UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE TERM PERIOD.
        3. UNLESS COMPANY AND YOU MUTUALLY AGREE IN WRITING NOT TO INCLUDE THE AUTOMATIC RENEWAL OPTION IN THE CUSTOMER ACCOUNT, COMPANY WILL AUTOMATICALLY RENEW THE APPLICABLE PRODUCT WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM ANY PAYMENT METHOD CUSTOMER HAS ON FILE WITH COMPANY AT COMPANY’S THEN CURRENT RATES, WHICH CUSTOMER ACKNOWLEDGES AND AGREES MAY BE HIGHER OR LOWER THAN THE RATES FOR THE INITIAL OR RENEWAL TERM. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO CUSTOMER AND THE PRODUCTS, CUSTOMER WILL NEED TO LOG INTO THE CUSTOMER ACCOUNT. IF CUSTOMER DOES NOT WANT ANY SERVICE TO AUTOMATICALLY RENEW, CUSTOMER MAY ELECT TO CANCEL SUCH RENEWAL, IN WHICH CASE, THE SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS CUSTOMER MANUALLY RENEWS THE PRODUCTS PRIOR TO THAT DATE (IN WHICH CASE THE PRODUCTS WILL AGAIN BE SET TO AUTOMATIC RENEWAL). FOR AVOIDANCE OF ANY DOUBT, SHOULD CUSTOMER ELECT TO CANCEL THE PRODUCTS AND FAIL TO MANUALLY RENEW THE PRODUCTS BEFORE EXPIRATION OF THE THEN CURRENT TERM, CUSTOMER MAY EXPERIENCE AN INTERRUPTION OR LOSS OF ACCESS TO THE PRODUCTS AND LOSS OF CUSTOMER CONTENT, AND COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY REGARDING SUCH INTERRUPTION OR LOSS.
        4. IN AN EFFORT TO ENSURE THE SUCCESSFUL RENEWAL OF A CUSTOMER DOMAIN NAME AND/OR SECURE SOCKETS LAYER (“SSL”) REGISTRATION, COMPANY MAY PROCESS THE RENEWAL CHARGES UP TO TWO (2) WEEKS (OR MORE AS NECESSARY) IN ADVANCE OF CUSTOMER’S EXPIRATION DATE UNLESS CUSTOMER EXPLICITLY REQUESTS IN WRITING OTHERWISE.
        5. COMPANY MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY CUSTOMER’S CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON CUSTOMER BANK’S PARTICIPATION). IF COMPANY IS UNABLE TO SUCCESSFULLY CHARGE CUSTOMER’S EXISTING PAYMENT METHOD, CUSTOMER’S CREDIT CARD PROVIDER (OR CUSTOMER’S BANK) MAY NOTIFY COMPANY OF UPDATES TO CUSTOMER’S CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR MAY AUTOMATICALLY CHARGE CUSTOMER’S NEW CREDIT CARD ON COMPANY BEHALF WITHOUT NOTIFICATION TO COMPANY. IN ACCORDANCE WITH ANY RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT COMPANY IS NOTIFIED OF AN UPDATE TO CUSTOMER’S CREDIT CARD NUMBER AND/OR EXPIRATION DATE, COMPANY MAY AUTOMATICALLY UPDATE CUSTOMER’S PAYMENT PROFILE ON CUSTOMER’S BEHALF. COMPANY MAKES NO GUARANTEES THAT COMPANY WILL REQUEST OR RECEIVE CUSTOMER’S UPDATED CREDIT CARD INFORMATION. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS CUSTOMER’S SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN THE ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO CANCELING THE SERVICES; AND ENSURING CUSTOMER’S ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER’S FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF THE SERVICES, AND COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY REGARDING SUCH INTERRUPTION OR LOSS.
        6. Non-Recurring Products. Certain Products, including one-time professional services, are billed as a single non-recurring charge. Such Products do not automatically renew, are not subject to the automatic renewal provisions of this Section, and do not create a Term separate from the Term of any subscription Product to which they relate.
    11. If for any reason Company is unable to charge Customer’s payment method for the full amount owed, or if Company receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Customer’s payment method, Customer agrees that Company may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation of the Products, without notice to Customer.
    12. Free Trials. Company may offer certain Products on a free trial, or trial sandbox basis. Unless otherwise expressly stated at the time of enrollment, free trials require Customer to provide a valid payment method.
        1. At the end of the applicable free trial period, the Customer’s access to the Product will automatically continue on a paid subscription basis at Company’s then-current rates, and Company will automatically charge the payment method on file, unless Customer cancels the Product prior to the expiration of the free trial. To ensure uninterrupted access, Company may process this charge up to three (3) days prior to the expiration of the free trial period.
        2. Customer may cancel a free trial at any time prior to the end of the trial period through the Customer Account or by contacting Company, in which case no charges will be assessed.
    13. Company only offers pricing in USD and services are only available in the United States and Canada.

Term; Termination; Cancellation Policy.

1. The initial term of the Agreements shall be as set forth in the Order (the "Initial Term"), and shall begin upon commencement of the Website and Products. The Agreements will automatically renew for additional successive terms of equal length to the Initial Term (each a "Renewal Term" and, together with the Initial Term, the "Term"), unless terminated in accordance with this Section or the Agreements' other express provisions.
2. AFTER THE INITIAL TERM, CUSTOMER ACKNOWLEDGES, AGREES AND AUTHORIZES COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON CUSTOMER'S CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED HEREIN. REFER TO "BILLING AND PAYMENT" SECTION FOR ADDITIONAL DETAILS.
3. Cancellation by Customer — Monthly Subscriptions. For Products purchased on a monthly billing cycle, Customer may cancel at any time through the Customer Account or by written notice to Company. Cancellation will be effective at the end of the billing cycle following the cycle in which cancellation is requested. For example, if Customer's monthly billing cycle runs from the 15th of each month and Customer requests cancellation on January 20, Customer will be billed on February 15 for the final month of service, and Customer's access will terminate on March 14. Monthly Products are non-refundable, and no partial-month credits or refunds will be issued.
4. Cancellation by Customer — Annual Subscriptions. For Products purchased on an annual billing cycle, Customer may cancel auto-renewal at any time through the Customer Account or by written notice to Company. To prevent renewal of an annual Term, Company must receive Customer's cancellation notice no later than thirty (30) days prior to the renewal date. If notice is received fewer than thirty (30) days before the renewal date, the Product will renew for an additional annual Term and no refund will be issued for the renewed Term. Annual Products are non-cancelable mid-Term except as provided under the Money Back Guarantee in the Eternal Pro Services Agreement, and Customer remains obligated to pay all fees through the end of the then-current annual Term.
5. Termination by Company. Company may terminate the Agreements under any of the following circumstances:
   1. If any undisputed payment owed by Customer remains past due for more than thirty (30) days;
   2. If the Products become prohibited by applicable law or impractical or unfeasible to provide for any technical, legal, or regulatory reason, or as otherwise permitted under the Agreements. In such cases, Company will provide as much prior notice to Customer as is reasonably practicable and will issue a prorated refund for any unused prepaid Term;
   3. Immediately, without notice or refund, if Company determines, in its sole discretion, that (a) Customer's use of the Products or Customer Content violates any provision of the Agreements; or (b) Customer's use of the Products has disrupted, or could reasonably be expected to disrupt, Company's business operations or its ability to provide the Products.
6. If Company terminates Customer's access to the Website or Products, Company may, in its sole discretion, remove and destroy any data and files stored by Customer on Company's servers, subject to the data retention timelines set forth in the Eternal Pro Services Agreement.
7. Upon termination of the Agreements for any cause or reason whatsoever, neither party shall have any further rights or obligations under the Agreements, except as expressly set forth herein, provided however, the provisions of Sections 2, 5, 6, 7, 8, 10.3 thru 10.9, 11.9, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, and 25 thru 35 of this Universal Terms of Service shall survive the expiration or termination of for any cause or reason whatsoever, and, notwithstanding the expiration or termination of the Agreements, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under the Agreements. Termination of the Agreements and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Company may be entitled.

Conduct Towards Company. Company will protect the health, safety, and welfare of Company’s employees. Unprofessional conduct, threats, abusive language (including, but not limited to, disparaging remarks regarding the sex, race, religion, or sexual orientation of Company’s employees) and/or anything that could be considered hate speech in the course of Customer’s communications with Company will not be tolerated. Such conduct may result in the termination of communications and repeated offenses may result in the suspension, cancellation or termination of the Products and Customer Account, without any refund to Customer, as determined in Company’s sole and absolute discretion.

Intellectual Property Rights and License Grant.

1. All right, title, and interest in and to the Website and Products, including all Intellectual Property Rights therein, are and will remain with Company and, with respect to third-party materials, the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the third-party materials. Customer has no right, license, or authorization with respect to any of the Website and Products except as expressly set forth in Section 13.2 or the applicable third-party license, in each case subject to Section 13.3. All other rights in and to the Website and Products are expressly reserved by Company. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Company an assignment of all right, title, and interest in and to the data and information related to your use of the Website and Products that is used by Company in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services, including all Intellectual Property Rights relating thereto.
2. License Grant. Company hereby grants Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the Term of the Agreements, to use Company’s technology, products and services solely for the purpose of accessing and using the Products. Customer may not use Company’s technology for any purpose other than for accessing and using the Products. Except for the rights expressly granted herein, the Agreements do not transfer from Company to Customer any Company technology, rights, titles, and interests in, or to any Company technology, all of which shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets related to the Products or Customer Account.
3. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Agreements, Website or Products, you shall not:
   1. copy the Website or Products, except as expressly permitted by this license;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or Products;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, Products, or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other Intellectual Property Rights notices from the Website or Products, including any copy thereof;
   5. use any robot, spider, or other automatic device, process, or means to access the Website or Products for any purpose, including monitoring or copying any material;
   6. frame, mirror, or otherwise incorporate the Website, Products, or any portion thereof as part of any other mobile application, website, or service;
   7. use the Website or Products in any manner that could disable, overburden, damage, or impair or interfere with any other party's use of the Website or Products; or
   8. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features.
4. You acknowledge and agree that the Website and Products are provided under license, and not sold, to you. You do not acquire any ownership interest in the Website or Products under the Agreements, or any other rights thereto other than to use them in accordance with the license granted, and subject to all terms, conditions, and restrictions, under the Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website and Products, including all copyrights, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how, and other Intellectual Property Rights (“Intellectual Property”) therein or relating thereto, except as expressly granted to you in this Agreement. Nothing in the Agreements constitutes a license to You to use or resell the Intellectual Property.
5. Company’s web interface is proprietary to Company. Although Company may or may not necessarily protect parts thereof with compilation nor encryption, each is protected under trademark, copyright, trade secret and other laws. Customer shall not modify or distribute such proprietary materials in any fashion unless authorized in writing by Company. Under no circumstances will Company allow Customer to make any changes to any copyright notice and/or disclaimers related thereto. Requests for modification(s), including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, may be sent to the Company and subject to an approval process but are not required to be granted.
6. Trademark and/or Copyright Claims. Company supports the protection of intellectual property. If Customer would like to submit a trademark claim for violation of a mark on which Customer holds a valid, registered trademark or service mark, or a copyright claim for material on which Customer holds a bona fide copyright, please refer to Company’s Trademark and/or Copyright Infringement Policy or contact the Company.
7. Third-Party Content. The Website and Products may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third- party websites or services (“Third-Party Content”). You acknowledge and agree that Company is not responsible for Third-Party Content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Content. Third-Party Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. The inclusion of any Third-Party Content does not imply our endorsement, recommendation, or approval of those sites.
8. Customer Data. As between you and Company, you are and will remain the sole and exclusive owner of all right, title, and interest in and to all of your Personal Data and Customer Content, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 13.1.
9. Consent to Use Personal Data and Customer Content. Customer hereby irrevocably grants all such rights and permissions in or relating to Personal Data and Customer Content as are necessary or useful to Company and its subcontractors to enforce the Agreements and exercise Company’s and its subcontractors’ rights and perform Company’s and its subcontractors’ obligations hereunder.

Company as Reseller or Licensor. Under the Agreements, Company may in certain cases act only as a reseller or licensor of the hardware, software and equipment used in connection with the Products that were or are manufactured or provided by a third-party (“Non-Company Products”). Company shall not be responsible for any changes in the Products that cause a Non-Company Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Products. Any malfunction or manufacturer’s defects of a Non-Company Product either sold, licensed or provided by Company to Customer or purchased directly by Customer used in connection with the Products will not be deemed a breach of Company’s obligations under the Agreements. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of a Non-Company Product are limited to those rights extended to Customer by the manufacturer of such Non-Company Product. Customer is entitled to use any Non-Company Product supplied by Company only in connection with Customer’s permitted use of the Products. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Company to Customer through any Non-Company Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such Intellectual Property or to use it other than in connection with the Website or Products. Customer shall not resell, transfer, export or re-export any Non-Company Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

Disclaimer of Representations and Warranties.

1. CUSTOMER AGREES TO USE ALL PRODUCTS AND ANY INFORMATION OBTAINED THROUGH OR FROM COMPANY, AT CUSTOMER’S OWN RISK. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY EXERCISES NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR THE CONTENT OF THE INFORMATION PASSING THROUGH COMPANY’S HOST COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE OR THE INTERNET. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT CUSTOMER’S USE OF THE WEBSITES AND PRODUCTS PROVIDED ON AN “AS-IS,” “AS AVAILABLE BASIS,” AND “WITH ALL FAULTS.”
2. COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “COMPANY PERSON”) DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE PRODUCTS OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE PRODUCTS WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCT, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE PRODUCTS. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE PRODUCTS.
3. CUSTOMER SPECIFICALLY ACKNOWLEDGE AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION, ITS CALL CENTER REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITES OR PRODUCTS, AND CUSTOMER SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
4. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENTS OR CUSTOMER’S USE OF THE WEBSITES OR THE PRODUCTS.

Limited Warranty

1. Company represents and warrants to Customer that the Website and Products will be delivered or performed in a manner consistent with industry standards reasonably applicable to the performance thereof; at least at the same level of service as provided by Company generally to its other customers for the same Products; and in compliance in all material respects with the applicable Products descriptions. Customer will be deemed to have accepted the Website and Products unless Customer notifies Company, in writing, within thirty (30) days after the delivery of the Website and Products of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranties shall be for Company, at its sole and absolute discretion, to re-perform the defective Website or Products at no cost to Customer. Company may provision the Website or Products from any of its data centers and may from time-to-time re-provision the Website or Products from different data centers.
2. The foregoing warranties shall not apply to performance issues or defects in the Website or Products caused by factors outside of Company’s reasonable control that resulted from any actions or inactions of Customer or any third parties or that resulted from Customer’s equipment or any third-party equipment not within the sole control of Company.

LIMITATION OF LIABILITY.

1. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITES; THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; THE PRODUCTS FOUND AT THE WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITES; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN; ANY INTERRUPTION OR CESSATION OF PRODUCTS OR SERVICES TO OR FROM THE WEBSITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITES; ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE WEBSITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; ANY CUSTOMER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER’S USE OF THE WEBSITE OR THE PRODUCTS FOUND AT THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENTS, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES COMPANY’S MAXIMUM LIABILITY UNDER THE AGREEMENT FOR ANY DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, QUASI-CONTRACT, STATUTORY OR OTHERWISE) SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE, OR $1,000 U.S. DOLLARS, WHICHEVER IS LESS.
3. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENTS OR CUSTOMER’S USE OF THE WEBSITES OR PRODUCTS.
4. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THE FOREGOING LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE MATTER HEREIN AND FURTHER UNDERSTANDS THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENTS.
5. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section shall not apply to Customer’s indemnification obligations.
6. Customer understands, acknowledges and agrees that if Company takes any corrective action under the Agreements because of an action of Customer or one of its other customers or a reseller, that such corrective action may adversely affect Customer’s customer or other reseller’s customers, and Customer agrees that Company shall have no liability to Customer, any of Customer’s customers or any reseller’s customer due to such corrective action by Company.
7. This Section reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection herewith. The terms of this Section shall survive any termination of this Agreement.
8. A visitor, user or Customer may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, the exclusions or limitations in the Agreements that directly conflict with such laws may not apply.

Indemnification. Customer agrees to protect, indemnify, defend and hold harmless Company and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Customer directly or indirectly arising from Customer’s use of and access to the Website or Products; Customer’s violation of any provision of the Agreements; any acts or omissions of Customer; and/or Customer’s violation of any third-party right, including without limitation any Intellectual Property Rights or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Agreements or Customer’s use of the Website or Products.

Compliance with Local Laws. Company makes no representation or warranty that the content available on the Website or Products are appropriate in every country or jurisdiction, and access to the Website or Products from countries or jurisdictions where any content is deemed illegal is prohibited. Customers or Customer’s users who choose to access the Website or Products are responsible for compliance with all local laws, rules and regulations.

Independent Contractor. Other than set forth in the Agreements, Company and Customer are independent contractors, and nothing contained in the Agreements places Company and Customer in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

Governing Law and Dispute Resolution. The provisions of this Section are modified for consumers resident in Canada by the Canada-Specific Terms, which form part of the Agreements and prevail over this Section to the extent of any conflict.

1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof (including the formation, scope, or enforceability of this Agreement to arbitrate), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in Westchester County, New York before a single arbitrator, who shall be a licensed attorney with substantial experience in technology startups, SaaS businesses, or early-stage companies. The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement.
   1. Confidentiality. All aspects of the arbitration, including the proceedings, submissions, documents, and award, shall be strictly confidential and may not be disclosed by either party except as required by law or for the limited purpose of enforcing or challenging the arbitration award.
   2. Exception for Amounts Due. Notwithstanding the foregoing, the Company may bring an action in a court of competent jurisdiction located in Westchester County, New York, solely to recover unpaid amounts due under this Agreement. The parties irrevocably consent to the exclusive jurisdiction and venue of such courts for this limited purpose.
3. Negotiation Requirement. Before initiating arbitration or filing any permitted court action, the aggrieved party shall provide written notice to the other party and make reasonable efforts to resolve the dispute in good faith during a thirty (30) day “Negotiation Period.”
4. Class Action Waiver. Each party agrees that any arbitration or proceeding shall be conducted solely on an individual basis and not in any class, consolidated, or representative action. Each party expressly waives the right to participate in or bring a class or representative proceeding.
5. Small Claims. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court or other court of limited jurisdiction of competent jurisdiction, provided the claim remains in that court and is brought on an individual basis.

Headings. The headings herein are for convenience only and are not part of the Agreements.

Entire Agreement; Amendments. The Agreements and documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and the Agreements (unless specifically stated therein) constitute the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between the Agreements, any Order, any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of the Agreements shall control. No additional terms or conditions relating to the subject matter of the Agreements shall be effective unless approved in writing by an authorized representative of Customer and Company. The Agreements may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that the Agreements may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to the Website or in the Customer Account.

Severability. All rights and restrictions contained in the Agreements may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render the Agreements illegal, invalid or unenforceable. If any provision or portion of any provision of the Agreements shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered by email, in person or by an overnight delivery or postal service, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the address numbers set forth below or in Customer’s Account. Company may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in the Customer Account.

Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of the Agreements shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors. Customer may not assign or transfer the Agreements or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under the Agreements and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. The Agreements shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.

Limitation of Actions. No action, regardless of form, arising by reason of or in connection with the Agreements may be brought by either party more than two years after the cause of action has arisen.

Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under the Agreements (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, epidemics, pandemics, government order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

No Third-Party Beneficiaries. Except as otherwise expressly provided in the Agreements, nothing in the Agreements shall be deemed to confer any third-party rights or benefits.

Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with the Agreements without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

U.S. Export Laws. The Website and the Products are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Customer shall not use the Products to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export or allow the export or re-export of the Products in violation of any U.S. Export Laws. None of the Products may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country with which the United States has embargoed trade; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using the Website and the Products, Customer agrees to the foregoing and represents and warrants that Customer is not a national or resident of, located in, or under the control of, any restricted country; and Customer is not on any denied parties list; and Customer agrees to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If Customer accesses the Website or the Products from other countries or jurisdictions, Customer does so on Customer own initiative and Customer is responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, Customer shall not access the Website or the Products. The obligations under this section shall survive any termination or expiration of the Agreements or Customer use of Customer Site or the Products.

Translation. The Agreements are written in English (USA). Company may, but is not obligated to, translate the terms into other languages. To the extent any translation is provided, it is provided for convenience purposes only, and in the event of a conflict between a translated version of the Agreements and the English (USA) version, the English (USA) version will control. Where a translated version is required to be provided by law such is to be considered binding in which both language versions shall have equal validity; each visitor, user or Customer acknowledges that each has reviewed both language versions and each is substantially the same in all material respects; and in the event of any discrepancy between any versions, the translated version may prevail.

Contact Information. If Customer has any questions about the Agreements, please contact Company by email or regular mail at this address:

Eternal Me Corporation
1998 Commerce St. #25
Yorktown Hts, NY 10598
legal@eternal.me