This Terms & Conditions of Use Agreement ("TOU") between Gracious Fade, Inc. (hereinafter referred to as "Gracious Fade", "we" or "us") and the user of this site (hereinafter referred to as "user" or "you"). If you do not agree to this TOU, do not use this site. An important function of this TOU is to alert you that the data presented on this site is not warranted or otherwise guaranteed. Please read this information carefully. If you do not agree to be bound by this TOU, please exit the site immediately. By accessing Gracious Fade's site, you agree to abide by our TOU. Gracious Fade has established its TOU to protect the interests of Gracious Fade, its community partners and its members, including, but not limited to, each party's interest in protecting the integrity of Gracious Fade's on-line/off-line information database management system ("DBMS"). You should check for changes to the TOU each time you visit the site. Gracious Fade may make changes to the TOU at any time, without prior notice to its users.
This site and all of its pages are copyrighted by Gracious Fade, © 2018, all rights reserved. Unless otherwise indicated, all trademarks, service marks and logos on the site (whether registered or not), are intellectual property of Gracious Fade and may not be used without obtaining prior written permission from Gracious Fade. If you send ideas or concepts via the Internet, including email, you are granting ownership of the ideas or concepts to Gracious Fade. Gracious Fade is free to use the ideas or concepts without your consent and without any financial obligation on the part of Gracious Fade.
The materials within the publicly-available sections of the site are for illustrative purposes only. Neither the entire site, nor any portions thereof are intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for estate planning and estate administration. Each page on this site is included with the understanding and agreement that neither the authors of same, nor Gracious Fade (if Gracious Fade is not the author) is engaged in rendering legal services. If legal or other expert assistance is required, the services of a competent attorney should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of this use or reliance on any information contained within the site.
In accordance with the Children's Online Privacy Protection Act of 1998, Gracious Fade will not knowingly collect personal information from a child under the age of thirteen (13). If Gracious Fade learns that we have collected information from a child under the age of thirteen (13), we will take the necessary steps to delete the information as soon as possible.
You shall not provide any false information in connection with the use of this site. You agree to update or correct any information, which you previously provided if and when such information becomes outdated or misleading. You must use the site consistent with all applicable laws and regulations.
The information contained within this site comes from a variety of sources and includes information that is subject to change without notice. Gracious Fade strives to ensure that the information is accurate, complete and up-to-date, but we cannot guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this site is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of Gracious Fade. Therefore, you must independently verify the accuracy of any information presented on the site.
Gracious Fade has your express permission to reply to emails that you send to us, using the email address(es) that you provide. You also grant express permission to communicate with you and your selected Beneficiaries by using the email address(es) that you provide. If you are using a business computer, you understand that co-workers may have access to your emails. If you are using a personal or home computer, you understand that family members may have access to your emails. Therefore, emails sent to you may be seen by others and Gracious Fade cannot prevent such unauthorized access. You grant express permission to maintain copies of your correspondence and to use such correspondence in any manner without your consent, without your selected Beneficiaries' consent and without any financial obligation on the part of Gracious Fade.
Gracious Fade accepts the following forms of payment: credit cards issued by U.S. banks and payments through a PayPal account. If a credit card or a PayPal account is being used for a transaction, Gracious Fade may obtain preapproval for an amount up to the amount of the service. Billing occurs at the time of or shortly after your transaction. If you are using a PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement. You agree that you will pay for all services that you purchase through Gracious Fade, and that Gracious Fade may charge your credit card or PayPal account for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Gracious Fade membership. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING GRACIOUS FADE WITH A VALID CREDIT/DEBIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account you designate during the payment process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online; this may temporarily disrupt your access to Gracious Fade's services while Gracious Fade verifies your new payment information. Your total price will include the price of the Gracious Fade service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you subscribe to a Gracious Fade service. Gracious Fade will charge tax only in states where digital services are taxable. Gracious Fade reserves the right to charge your credit/debit card on file for your initial premium membership, recurring premium membership or renewal premium membership, as authorized in any Credit/Debit Card Authorization Agreement.
Prices for Gracious Fade's services may change at any time, and Gracious Fade does not provide price protection or refunds in the event of a price reduction or promotional offering. If a Gracious Fade service becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your service, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Gracious Fade.
Your use of Gracious Fade's services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE GRACIOUS FADE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Gracious Fade is not responsible for typographical errors.
As a registered member of Gracious Fade, you may establish a member profile, including a username and password ("Profile"). Do not reveal your Profile information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Profile and for all activities that occur on or through your Profile, and you agree to immediately notify Gracious Fade of any security breach of your Profile. Gracious Fade shall not be responsible for any losses arising out of the unauthorized use of your Profile. You agree to provide accurate and complete information when you register with, and as you use, Gracious Fade's services ("Gracious Fade Registration Data"), and you agree to update your Gracious Fade Registration Data to keep the information accurate and complete. You agree that Gracious Fade may store and use the Gracious Fade Registration Data you provide for use in maintaining and billing fees to your account.
Gracious Fade reserves the right to change content options (including eligibility for particular features) without notice.
You agree that Gracious Fade's service includes security technology that limits your use of Gracious Fade's services and that, whether or not Gracious Fade's services are limited by security technology, you shall use Gracious Fade's services in compliance with the applicable usage rules established by Gracious Fade and its licensors ("Usage Rules"), and that any other use of Gracious Fade's services may constitute copyright infringement. Any security technology is an integral part of Gracious Fade's services. Gracious Fade reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Gracious Fade for compliance purposes, and Gracious Fade reserves the right to enforce the Usage Rules without notice to you. You agree not to access Gracious Fade's services by any means other than through software that is provided by Gracious Fade for accessing Gracious Fade's services. You shall not access or attempt to access a Member Profile that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes, including obtaining unauthorized access to Gracious Fade's services. Violations of system or network security may result in civil or criminal liability.
You acknowledge that, because some aspects of Gracious Fade's services and administration of the Usage Rules entails the ongoing involvement of Gracious Fade, if Gracious Fade changes any part of or discontinues the Gracious Fade's services, which Gracious Fade may do at its election, you may not be able to use Gracious Fade's services to the same extent as prior to such change or discontinuation, and that Gracious Fade shall have no liability to you in such case.
Gracious Fade's service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of Gracious Fade's site accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on Gracious Fade's site. You hereby grant to Gracious Fade a worldwide, royalty-free, nonexclusive license to use such materials as part of Gracious Fade's service, without any compensation or obligation to you. Gracious Fade reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. Gracious Fade has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on Gracious Fade's site, to investigate any reported or apparent violation of this TOU, and to take any action that Gracious Fade in its sole discretion deems appropriate, including, without limitation, termination hereunder.
You understand that by using Gracious Fade's services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use Gracious Fade's services at your sole risk and Gracious Fade shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
If you fail, or Gracious Fade suspects that you have failed, to comply with any of the provisions of this TOU, Gracious Fade, at its sole discretion, without notice to you may: (i) terminate this TOU and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate the license to Gracious Fade's service; and/or (iii) preclude access to the Gracious Fade site (or any part thereof). Gracious Fade reserves the right to modify, suspend, or discontinue Gracious Fade's services (or any part or content thereof) at any time with or without notice to you, and Gracious Fade will not be liable to you or to any third-party should it exercise such rights.
Gracious Fade reserves the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of Gracious Fade's services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this TOU. Your continued use of Gracious Fade's services will be deemed acceptance thereof.
Gracious Fade's services are licensed, not sold, to you. Your license to each Gracious Fade service is subject to your prior acceptance of this Licensed Application End User License Agreement ("Standard EULA"), and you agree that the terms of this Standard EULA will apply to each Gracious Fade service that you license. Gracious Fade ("Licensor") reserves all rights in and to its licensed applications not expressly granted to you under this Standard EULA.
You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may be found to be offensive, indecent or objectionable.
Certain External Services may display, include or make available content, data, information, applications or materials from third-parties ("Third-Party Materials") or provide links to certain third-party websites. By using the External Services, you acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or websites, or for any other materials, products, or services of third-parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Financial information displayed by any External Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any External Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright law, trademark law and patent law, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual property rights of a third-party or Gracious Fade. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including, but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third-Party Materials that may be accessed from, displayed on or linked to from Gracious Fade's site are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
Gracious Fade shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any of your data or data on this site. Gracious Fade is not responsible for any problems or technical malfunction of any telephone network or lines, or computer on-line systems. Gracious Fade is not responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the site or any content posted on the site or transmitted to anyone, or any interactions between users of the site, whether on-line or off-line. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW. GRACIOUS FADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRACIOUS FADE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILAVBLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. GRACIOUS FADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL ON THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Except in jurisdictions where such provisions are restricted, in no event shall Gracious Fade be liable to you or your selected Beneficiaries, or any third-party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the site, even if Gracious Fade is advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Gracious Fade's liability to you or your selected Beneficiaries for any cause whatsoever, and regardless of the form of action, shall at all times be limited to the greater of one hundred dollars ($100.00) or the amount you paid for Gracious Fade's services. The foregoing limitations will apply even if the above- stated remedy fails of its essential purpose. Under no circumstance shall Gracious Fade or any other party responsible for creating, producing or distributing this site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, the site. This limitation on damages includes, but is not limited to, damages that result from reliance by you or your selected Beneficiaries on any information obtained from the site, or from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to Gracious Fade's records, programs, services or DBMS. This paragraph applies to all content and services and software available through this site. In states that do not allow for the exclusion or limitation of liability for consequential or incidental damages, if their law is deemed to apply, such liability shall be limited to the fullest extent permitted by law. This site, including all content, software and information made available on this site, is provided "As Is". Gracious Fade, its employees and agents make no representations or warranties of any kind whatsoever for the content of this site, for information made accessible by the software used herein, or for any products or services of hypertext links to third-parties, and disclaims any express or implied warranties, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Please note that Gracious Fade is not responsible for the content or activities associated with any site or entity that is linked to this site.
You hereby indemnify and hold harmless Gracious Fade and its directors, officers, employees, control persons, vendors, licensor and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees, experts' fees and costs) arising out of or related to: (i) any use or access by you or your selected Beneficiaries of the site; (ii) any breach by you or your selected Beneficiaries of any agreements, representations or warranties contained in this TOU; (iii) any access to or use of the site by you or your selected Beneficiaries in violation of any rights of Gracious Fade or any third-party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and privacy rights; (iv) access to or use of the site by you or your selected Beneficiaries in violation of any applicable law, rule or regulation; or (v) any unauthorized access of, or through, the site to any computer system or mobile phone/Smartphone application(s).
This TOU represents the complete and exclusive agreement between you and your selected Beneficiaries and Gracious Fade regarding your rights to access and use of the site, including the collection of information through the site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as otherwise provided herein. Notwithstanding the foregoing, this TOU supplements, and does not nullify, any other agreement between you and your selected Beneficiaries and Gracious Fade governing the conduct of your relationship with Gracious Fade.
Links to third-party sites on this site are provided solely as a matter of convenience. If you use any such links, you will be leaving this site. Gracious Fade does not claim to have reviewed these third-party sites in their entirety, nor does Gracious Fade control these sites. Gracious Fade is not responsible for any of these sites or their content. Moreover, Gracious Fade does not endorse or make any representations about any of the sites, for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using the sites. If you decide to access any of the third-party sites linked to this site, you do so entirely at your own risk.
No waiver, modification or amendment of any of these terms and conditions shall be effective against Gracious Fade unless reduced to writing and signed by an authorized representative of Gracious Fade. Gracious Fade does not waive any power or right under this TOU even though Gracious Fade may not always insist on strict compliance with all of the terms and conditions, or even though Gracious Fade may delay or fail to exercise any power or right provided for in this TOU. All rights and remedies granted to Gracious Fade in this TOU are cumulative and not exclusive of any other rights or remedies, which Gracious Fade may otherwise have at law or in equity. This TOU shall be binding upon you and your executors, heirs, successors and assigns. This TOU and your rights and obligations hereunder may not be assigned by you without the prior written consent of Gracious Fade and shall inure to the benefit of Gracious Fade's successors and assigns whether by merger, consolidation or otherwise. Gracious Fade may assign this TOU or any of its rights or obligations under this TOU.
Any cause of action you may have with respect to your use or your selected Beneficiaries' use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason, a court of competent jurisdiction finds any provision of this TOU to be unenforceable, then that provision shall be enforced to the maximum extent permissible as to affect the intent of this TOU. This TOU shall be admissible in judicial and administrative proceedings.
This site is created and controlled by Gracious Fade in the Commonwealth of Pennsylvania, U.S.A. The laws of the Commonwealth of Pennsylvania shall govern any dispute between you or your selected Beneficiaries and Gracious Fade, arising in connection with this TOU, without giving effect to any principles of conflicts of law.
THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURT LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Material on the Gracious Fade website may be subject to one or more U.S. patents pending under: 61/534,844.
Contact Information: firstname.lastname@example.org
Gracious Fade, Inc.
P.O. Box 2086
Bala Cynwyd, PA 19004
Gracious Fade, Inc.
203 NE Front Street, Suite 101
Milford, DE 19963
Last Updated: May 1, 2015
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