Terms of Use

I. Terms of Use

This website one of several sites owned and operated by Terrybear, Inc. (“Terrybear,” “we” or “us”).  Our corporate website is Terrybear.com (our “Website”) and we also provide a shopping portal at memoryofalifetime.com (the “Platform”) as well as personalized sites (each, a “Provider Site”) for Memorial Providers (as defined below). These Terms of Use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use the Website, Platform, and Provider Sites (collectively, “Terrybear Sites” or “our Sites”), including any website on which these Terms of Use are posted, and other sites accessible via subdomains, and mobile versions of any of these sites. To the extent additional rules or guidelines affect your use of the Terrybear Sites, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. By using any Terrybear Sites, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of the Terrybear Sites.

II. Description of Service

Our Sites provide information about Terrybear, related entities, our products, and services. Through the Platform, for registered distributors, funeral homes, and other memorial services providers (collectively, “Memorial Providers”) we provide information on our products, the ability to order products, and personalization services. Memorial Providers may utilize the features of the Platform on behalf of their business or on behalf of the families to which they provide services (“Customers”). The Platform also gives registered Memorial Providers the option to create a personalized Provider Site that Memorial Providers may show to Customers in-person or provide login information to their Customers to allow the Customers to browse or place orders on the Platform on their own. These features of the Terrybear Sites are collectively referred to as the “Services”. To the extent new services, content or features are added to our Services in the future, your use thereof is subject to these Terms of Use.

III. Requests for Products and Services

In the event you request information on a product, service or becoming a Memorial Provider, you agree that you will make all inquiries and requests in good faith and not based on speculation or fraud.

IV. Registration for Services

Certain features of our Services, such as access to the Platform and management of Provider Sites, may require you to register by providing your personal information, such as your name, e-mail address, and/or other information. You may also wish to register on our Services to receive one or more promotions or other information from us, our affiliates, or partners. You may start or stop your receipt of this information at any time via the links in every email. If you wish to register on any of our Services, you agree to provide accurate information about yourself (and, to the extent applicable, your business) as required by the applicable registration form, and you further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, incomplete or untrue, or if you violate these Terms of Use. If you register on any of our Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.

V. Additional Policies and Agreements

Our Privacy Policy describes the information we collect when you and others use our Services, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Certain areas of the Services and some functions, may be operated on our behalf by third parties, and may be subject to the Terms of Use and/or Privacy Policies of those parties. We are not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit areas operated by third parties.

VI. Modifications and Interruption to the Services

We reserve the right to modify or discontinue all or any portion of our Services, including the Provider Sites, at any time with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Services, or that operation of our Services will be uninterrupted or error free.  You understand that usage of our Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

VII. Third-party, Unhosted Provider Sites, Content and Services

Our Services may include content or services provided by, or links to other sites on the Internet that are owned and operated by, third parties. Furthermore, some Memorial Providers may maintain independent websites that are not Provider Sites hosted by us, and some Memorial Providers may provide custom or third party content on their Provider Site that was not provided by us. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party or unhosted Memorial Provider site, custom content on Provider Sites not provided by Terrybear, or any services provided by third parties or Memorial Providers. You acknowledge that any reliance on representations and warranties provided by any party other than Terrybear will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or Memorial Provider. Your use of those third-party, unhosted Memorial Provider, or custom Provider Sites, content, and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.

VIII. Your Representations

As a condition of your right to use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Services and accessing the Services under the laws of the United States, Canada, European Union, or other jurisdiction.

IX. Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TERRYBEAR, MEMORIAL PROVIDERS, THEIR RELATED ENTITIES, THEIR SERVICE PROVIDERS, THEIR LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “TERRYBEAR PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TERRYBEAR PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY PROVIDER SITE, PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE TERRYBEAR PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE TERRYBEAR PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACTIONS OR INACTIONS OF MEMORIAL PROVIDERS, OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR MEMORIAL PROVIDERS, INCLUDING BUT NOT LIMITED TO IN CONNECTION WITH PROVIDER SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY TERRYBEAR PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TERRYBEAR PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

X. Indemnification

You agree to indemnify and hold the Terrybear Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on a Service, or other use of a Services in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Services using your computer, mobile device or account.

XI. User Feedback

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”), including Feedback received from Memorial Providers, will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Terrybear. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

XII. User Submitted Content and User Conduct

Any content, whether uploaded, posted, submitted, or otherwise made available to us or on our Services, including without limitation Memorial Provider logos, personalization information on products, user content from social media, or any other content which does not originate with Terrybear (“User Content”), is the sole responsibility of the person who made such User Content available. For the absence of doubt, User Content includes content provided by Memorial Providers. Under no circumstances will any Terrybear Party be liable in any way for any User Content made available on or through any of our Services. We may not moderate all User Content on our Services, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content. You agree that you will not use any of our Services to transmit or make available any content that:
  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person’s permission (or in the case of the deceased, the permission of a family member or executor), or any content soliciting any personal or private information from any individual;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • employs any techniques to disguise the origin of the content submitted;
  • contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Services to:
  • engage in any conduct which might be harmful to any individual;
  • engage in any conduct which is exploitative or disrespectful to friends and family members of the deceased;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation—including, without limitation, laws and regulations related to the handling of human or animal remains.
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Services, servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Services or prohibit your access to our Services in the event of a violation of these Terms of Use.

XIII. Ownership of User Content

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors, Customers, or Memorial Providers to our Services. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Services or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.

XIV. Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Services, including without limitation Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Terrybear, with all rights reserved, or in some cases may be licensed to Terrybear by third parties. This content is protected by the intellectual property rights of Terrybear or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Terrybear.

XV. Content Complaints

If you believe that any content on our Services violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on the applicable Site, or send an email to urns@terrybear.com.

XVI. Mobile Devices

Separate versions of our Sites or Services may be available for use on mobile devices. If you access our Sites or Services on mobile devices you understand that your mobile carrier’s standard charges will apply.

XVII. Arbitration

Any dispute arising out of or relating in any way to your use of our Services or any products, services, or information you receive through our Services, shall be submitted to confidential, binding arbitration in Minneapolis, Minnesota, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules.  The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof.  Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Minnesota, USA, or the courts closest thereto, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

XVIII. Governing Laws

The laws of the state of Minnesota and the United States govern these Terms of Use and any claims arising out of or relating to use of the Services, without giving effect to any choice of law rules. We make no representation that our Services are appropriate, legal or available for use in all jurisdictions. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Minnesota, will serve as the venue for any actions brought, or claims made, arising out of your use of our Services.

XIX. Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

XX. Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

XXI. Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Terrybear. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Services. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding the Services, constitutes the entire agreement between you and Terrybear regarding your use of the Sites or Services, and that any other prior agreements between you and Terrybear are superseded by these Terms of Use to the extent applicable. Any failure by Terrybear to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XXII. Contact Us

If you have any questions about these Terms of Use, please feel free to contact us as follows: Terrybear, Inc. Attn: Compliance Department 946 W. Pierce Butler Route Suite 101 Saint Paul, MN 55104 You may also email urns@terrybear.com or call 888-588-8767.   Effective Date of these Terms of Use:  4/1/2022