Terms

INTRODUCTION

Welcome to the website Echovita.com (“Echovita.com” or the “Website”), a website owned and operated by Echovita inc. ("Echovita"). These Terms of Use constitute set out the conditions and obligations pursuant to which you can have access and use the Website and the services that Echovita offers, including services for creating and/or viewing obituaries as well as services for offering condolences to the deceased’s family (the “Services”). These Terms of Use apply to any user who uses the Services and the Site, whether an individual using it for personal purposes or a business such as a funeral home and its representatives (employees, directors , etc.) (hereinafter "you" or the "User").

OBJECT AND ACCEPTANCE

By using the Website and registering for the Services that Echovita offers, you expressly accept to entirely comply with these Terms of Use and you enter into an agreement that binds you to Echovita. If you do not accept these Terms of Use or any other policy applicable on the Website, you shall stop using the Website.

REGISTRATION AND ELIGIBILITY

You can use a majority of the Services without creating a user account on the Website (hereinafter the “Account”). However, some of the Services that are offered on the Website are only accessible to the Users to whom a username and password (collectively the “Login IDs”) have been issued by Echovita.

By using the Website and by creating an Account, you declare and represent that:

• You are at least eighteen (18) years old and have the right, authority and capacity to enter into and abide by this agreement;
• The information you provided in your registration is true and accurate;
• Your profile information is up to date;
• Your use of the Website complies with the laws and regulations applicable in Canada and in the province of Quebec.

It is your responsibility to maintain the confidentiality of your Login IDs and to not disclose them or allow any third party to use them. You are thus responsible for the compliance, with Echovita policies as well as the laws and regulations applicable, of the information distributed on the Website and the use of the Website conducted by the Account. Echovita reserves its right to cancel any User’s account at its sole discretion.

Echovita allows only one registration per User. However, Echovita may provide a User, who justifies the need to have multiple registrations, with a written authorization.

It is prohibited for all Users to use the account of a third party.

A User that suspects that its Login IDs have been lost, stolen, known or used by a third party shall immediately inform Echovita.

BEHAVIOR ON ECHOVITA.COM

By accessing the Website and using the Services, all Users agree to:

• Use the Website and the Services in a courteous way and be respectful of each other’s rights;
• Not harass other Users;
• Not disseminate or use false or misleading information;
• Not disseminate false, racist, aggressive, hateful or defamatory comments;
• Not post explicit or pornographic content, images or information;
• Not post on Echovita any content that could harm others;
• Not support illegal activities or send email or documents containing viruses or any other programs or files intended to corrupt or affect the security of the Website or any other User's computer;
• Not incite to hate or physical or verbal abuse of any User;
• Not use the Websit to sell, advertise or solicit other Users;
• Not harm Echovita in any manner;

Echovita reserves its right to delete, without notice, any content published on the Website that is in violation of these Terms of Use.

USER’S RESPONSIBILITY

The User declares and represents:

To hold all rights, titles and interests in the documents, texts, photos or videos posted on the Website or to have the authorization of the holder of the applicable property rights to do so;

That the online published information is true;

That the content disseminated on the Website does not infringe any intellectual property right or any other right, is not in violation of any law and does not contain any defamatory, inappropriate or illegal material and, that the content disseminated does not infringe on the right to the image or respect of the private life of the people appearing or named in such content.

The User is solely responsible of direct or indirect damages of any sort arising from the content he may have posted online, as well as of any violation of the representations and warranties and/or of these Terms of Use.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Echovita and each of its employees, advertisers, agents, officers, suppliers, directors, shareholders, service providers and other contractors (collectively, the "Echovita Indemnified Parties") from any and all losses (including profit losses and operating losses), expenses incurred by the Echovita Indemnified Parties (including, but not limited to, the reasonable attorneys’ fees, accounting fees and legal expenses) damages, fees, reasonability, third party claims or requests arising from, as applicable, (a) your access or use (or the use made by other users through your account) of the Website (b) the content posted or disseminated on the Website or (c) any violation or breach of these Terms of Use (including the representations and warranties contained herein) related to any activity or use of the Website.

You agree to collaborate with the Echovita Indemnified Parties as far as reasonably possible. Echovita Indemnified Parties will have the right, but no obligation, to participate with their own attorney to any defense regarding a claim of which you will have to defend or indemnify the Echovita Indemnified parties.

TERMINATION OF ACCESS RIGHTS

Echovita can, at its sole discretion, suspend or terminate a User’s access to the Website or Services, at any time, without notice and for any reason. Echovita does not take on any kind of responsibility towards the Users regarding the suspension or termination of their access rights.

PERSONAL INFORMATION

Personal information to which Echovita has access regarding your access to the Website and your use of the Services is treated in accordance with the Act respecting the protection of personal information in the private sector, as well as its privacy policy. Echovita may, at any time, modify its privacy policy and notify you by posting a notice to this effect on the Website. In the event of an incident that may involve the privacy or security of your data or documents, including any act of piracy by a third party, Echovita undertakes to notify you in accordance with its legal obligations in this regard. In such event, you agree to take the necessary actions to limit any harm that could result from it. The User also agrees, represents and warrants that the personal information communicated and stored by Echovita has been collected and is used legally.

INTELLECTUAL PROPERTY

The Website, as well as its content, including the headers, graphics, icons, text and presentation, arrangement, coordination or other information contained or accessible on or through the Website, as well as patents and trade marks are the sole and exclusive property of Echovita (collectively, the “Intellectual Property”), or are the property of its software and content providers or its licensors. Echovita’s Intellectual Property is protected under the applicable laws and regulations with regard to intellectual property and copyrights protection in Canada and anywhere in the world (as applicable).

When you post content (text, photos or any other audible or visual item) (hereinafter the “Published Content”) on the Website, you expressly grant Echovita with a non-exclusive, perpetual, irrevocable, unlimited territorial license to use, reproduce, print, publish, edit, modify, translate in any language, or sublicense all or part of the Published Content.

Subject to the rights granted to the User by Echovita pursuant to these Terms of Use, you are expressly prohibited from modifying, adjusting, copying, distributing, reproducing, partially or entirely, or use the Intellectual Property of Echovita in any other way.

SERVICE AVAILABILITY

Echovita aims to ensure the highest possible availability of the Website and the Services, but however cannot warrant uninterrupted access and availability. Echovita reserves its right to interrupt the Website or Services access and provision, including in the following cases:

For the Website maintenance;

For improving and setting up new functionalities on the Website;

For the verification and audit of the operation of the Website and Services;

In the case of a breakdown or risk of breakdown.

PRODUCTS ORDER

Echovita aims to ensure availability of the products offered in the Website’s “store” section (hereinafter the “Products”), but however cannot warrant their availability at all times. Echovita reserves its right to interrupt the sale of the Products on the Website, including, but not limited to, in the following cases:

A product that is out of stock, in which case it will be available as soon as it is back in stock;

If we wish to modify a Product or one of its components;

If the Product has been removed or substituted by Echovita and/or one of its partners.

Moreover, Echovita reserves its right to terminate the sale of any Product on the Website, at any time and without notice. Prices are as shown on the Website. These prices do not include sale taxes, as applicable, which will be added to the total amount of your invoice. It is your responsibility to pay the taxes applicable to your order. Echovita reserves its right to modify, without notice, the Products’ prices shown on the Website.

Although our goal is to offer an errorless Website, we cannot 100% warrant that the content is complete and accurate. When a price error or an error on a product is found, it is corrected on the Website, and the adjusted price or the adjusted product will be applicable to your order. Echovita reserves its right to cancel an order and/or an offer and correct any error, inaccuracy or omission, even if an order has been received and accepted.

You can buy the Products in the Website’s online “store” section, by placing an order in accordance with the sale conditions herein. Before submitting your final order, we will ask for a confirmation. You will also have to confirm that you are at least 18 years old. It is your responsibility to ensure the accuracy of your order, including the chosen Product’s description and your invoicing information. It is your responsibility to correct any error or inaccuracy of your order. Once your order has been placed, you will receive an electronic confirmation from Echovita, as well as a detailed invoice. Orders placed through the Website will be binding upon Echovita only once we will have accepted and processed the order and you will have received an order confirmation from us. We reserve our right, without notice, to limit any Product’s quantity.

For Canadian Users, all prices and other amounts shown on the Website are expressed in Canadian dollars for the Canadian territory and are subject to taxes, shipping rights and fees as applicable. For United-States Users, all prices and other amounts shown on the Website are expressed in US dollars and are subject to taxes, shipping rights and fees as applicable.

Echovita disclaims all warranties, express or implied, including any warranty on Products purchased on or through the Website.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

You access and use the Website without any warranty from Echovita and accept them “as is”. Echovita will, in no case, be liable towards you or any other person for any direct or indirect harm that you will incur arising from the use of the Website and/or the Services. Echovita can in no case be held responsible for any malfunctioning of the internet network or the interruption of the Website and the Services. You acknowledge that Echovita does not take on and shall not be liable for your or other Users' use of, or inability to access or use, the Website or the Services, or for any content posted through the Website or the Services. Echovita cannot be held responsible for any failure, violation of integrity and availability of the data that could arise from the use of the Website or the Services, except in the case of intentional fault or gross negligence from Echovita.

You acknowledge that Echovita is not in any way liable for the content and material published by the Users on the Website and that Echovita is not in any way liable for the accuracy and/or integrity of the information published online by its Users.

DISCLAIMER OF LIABILITY : USE OF THE WEBSITE

The Website may contain hyperlinks to other websites. These other websites are not under Echovita’s control. Echovita is not liable for the way these websites operate or handle personal information.

The Website may contain some content originating from other websites. Echovita is not liable regarding the accuracy of the information or content originating from these third party websites.

MISCELLANEOUS

These Terms of Use, your access and use of the Website, as well as any related matter, are governed by the applicable laws in the province of Quebec. Any dispute between you and Echovita arising from or related to your access to and use of the Website, the Services or the Products or regarding the validity, interpretation or application of these Terms of Use, as well as any other related matter shall be submitted exclusively to the competent Quebec court of law sitting in the district of Quebec, province of Quebec.

Echovita may amend these Terms of Use without prior notice. A notice of any Amendment will be published on the Website or sent to the email address associated with your User Account. Your access to and use of the Website after such published or sent notice will confirm that you agree to be bound by the Terms of Use as amended. If you do not accept the amendments, you shall cease all use of the Website and access to it.

Echovita may assign its rights and obligations under these Terms of Use. You cannot assign your rights and obligations under these Terms of Use or privileges granted to you under these Terms of Use in any way.

In the event that one of the provisions contained herein was invalidated, all other provisions herein shall stay valid and in full force.

The titles herein are inserted as references only and do not affect the interpretation of these Terms of Use.

Echovita’s decision to not sue a User in violation of these Terms of Use shall not be construed as a waiver of its rights to do so later.

The User acknowledges that he has read and understood all the provisions contained in these Terms of Use.

If you have any question, comment, complaint or concerns regarding these Terms of Use, we invite you to communicate with us to the attention of "Customer Support" by email at [email protected].