Welcome to Final Resting brought to you by GHER Solutions, LLC.
Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS AS A CONSUMER YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FINAL RESTING THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20 "DISPUTE RESOLUTION FOR U.S. CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). WHEN YOU AGREE TO THESE TERMS AS A LEGAL ENTITY AND/OR NOT AS A CONSUMER USER, THE DISPUTE RESOLUTION TERMS IN SECTION 20 APPLY TO YOU.
Changes to Terms or Services.
We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then, except as otherwise provided in Section 20(f) "Effect of Changes on Arbitration," you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
I. Who May Use the Services?
You may use the Services as an individual only if you are 13 years or older and are not barred from using the Services under applicable law, or are otherwise capable of entering into a legal agreement with Final Resting. "You" and "your" refer to either a consumer user or a non-consumer user, as applicable, in these Terms.
Registration and Your Information.
If you want to use certain features of the Services you'll have to create an account ("Account"). You can do this via the Site, App or through your account with certain third-party social networking services such as Facebook or X (each, an "SNS Account"). If you choose the SNS Account option we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. If you are a funeral home, cemetery, hospice, or other business claiming a listing as set forth in Section 11 or a seller of goods and services via Final Resting's Marketplace as set forth in Section 12, you will need to create a Business Account as described in further detail below. Please note that a Business Account may be associated with multiple users from the same organization, but if you are a Business Account user, you must create and maintain your own separate login credentials to the Business Account via the functionality of the Services. For the purposes of these Terms, references to an "Account" will include Business Accounts if you have a Business Account.
Accuracy of Account Information.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content On Final Resting.
For purposes of these Terms:
(i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and
(ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services, including information related to the Products offered for sale by Business Account holders via the Marketplace. Content includes without limitation User Content.
Ownership By Final Resting.
Final Resting does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Final Resting and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You.
By making any User Content available through the Services you hereby grant to Final Resting a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute copies of, publicly display, and publicly perform your User Content in connection with operating and providing the Services to you and to other Account holders.
Responsibility for User Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Final Resting on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content.
You can remove your User Content by using the functionality of the Services. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. If you post User Content to the Services on a webpage created by someone else (such as a post you make on a memorial page created by another user), that User Content may be deleted if that other user chooses to delete the webpage they have created. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Final Resting.
Subject to your compliance with these Terms, Final Resting grants to you a limited, non-exclusive, non-transferable license, with a right to access, view, download and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Third Party Services.
Certain features of our Services may be provided directly to you by third party service providers in which case you may be required to enter into a separate agreement with the applicable third party service provider in order to use the applicable feature. You will, of course, be given an opportunity to review and agree to any additional agreement terms with third parties prior to using those features of the Services.
We, third parties, or Business Account holders selling Products via the Marketplace may offer for purchase certain goods or services via the Services. In connection with any purchase you make, or automatic payments charged to your Business Account (each, a "Transaction"), you expressly authorize us, (or our third-party service provider) to charge you for such Transaction. We may ask you to supply information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so that your Transaction can be processed (plus any applicable taxes, fees and other costs imposed by the payment processor or any other third parties). All fees and applicable taxes, if any, are payable in United States dollars.
Delivery of Goods.
If you initiate a Transaction involving goods for delivery (such as flowers shipped to a person or event) or purchasing Products via the Marketplace, shipping information and other terms necessary to complete the Transaction will be communicated to you before the Transaction is finalized. When you initiate any Transaction, you agree that you are solely responsible for any and all fees associated with purchases you make via the Services. If you purchase Products via the Marketplace, all Transactions initiated via the Marketplace are between you and the Business Account holder selling the Product, and Final Resting is not a party to those Transactions.
If you are a Business Account holder selling Products on the Marketplace, you agree to pay Final Resting a percentage of the gross purchase price of the Product (the "Marketplace Fee") for each Product you sell on the Marketplace. Final Resting reserves the right, in its sole discretion, to change, where permitted by applicable law, the Marketplace Fee at any time upon 7 days' notice to you, including to add third party payment processor fees to be included in the Marketplace Fees. The Marketplace Fee, and, if applicable, components thereof, will be listed when you supply your payment information to Final Resting.
If you purchase a Product on the Marketplace, the total fees for the Product will be paid by you to a third-party payment processor. If payments are remitted by Stripe, you agree to be bound by Stripe's terms of service at stripe.com. The third-party payment processor, and not us, is responsible for properly transacting such payments through its platform, and you agree to release and hold us harmless from any errors, negligence or misconduct of the third-party payment processor. You authorize the third-party payment processor to directly remit to Final Resting the Marketplace Fees and any other applicable fees owed to us and then pay the remainder to the seller of the Product, minus any fees (such as currency conversion fees) the payment processor may impose.
Contributions to Causes or Memorial Pages.
We may offer the ability for you to contribute to a particular cause or charity in memory of a particular person or directly to the creator of a particular memorial page. The list of causes and charities available to contribute to may depend on our ability to provide you with access to certain causes' contribution functionality and what the creator of a particular memorial page has elected as available contributions. In some cases, we may partner with third parties such as Charityvest to process donations to some charities. We will indicate through the functionality of the Services when your donation will be processed by the third party and subject to the third-party's terms and conditions. Our Services may also include features that allow you to donate directly to a third party, who may offer to use your donation to provide specific memorial or other services. If you donate to such a third-party service, said services will be performed subject to and in accordance with that third-party's terms and conditions, and Final Resting accepts no liability for that third party's performance of its obligations to you. Lastly, in situations where the creator of a memorial page or fundraiser or recipient of the funds has not supplied their payment information, we may offer the ability to "pledge" contributions for future use. We do not guarantee that any contributions made via our Services are tax-deductible. Contributions to individuals who create memorial pages are made entirely at your own risk; it is your responsibility to ensure that the memorial page creator is who you intend to contribute to, and that you have reviewed the terms and conditions of any third party that you select via the Services as noted above. We are not responsible for ensuring the memorial page creator's identity or verifying how they use your contributions.
We may offer premium features available through a subscription ("Subscription"). If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE FINAL RESTING TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the monthly anniversary of the date on which you purchased the Subscription (or the date closet to that date in the subsequent month) using the Payment Information you have provided until you cancel your Subscription. By way of illustration, if you purchase a monthly Subscription on June 15th, you will be charged again on July 15th. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Final Resting. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Cancelling your Subscription.
Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can contact customer support or use the "downgrade" function available in your account settings. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the subscriber-only Services will continue until the end of your then current Subscription period, and will then terminate without further charges.
II. Problems with your Transaction?
If you are dissatisfied with the services provided from your Transaction, you may email us at firstname.lastname@example.org and we will take whatever action we deem appropriate including, but not limited to connecting you with our third party service providers. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we'll refund any payment you have already remitted to us for such Transaction.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content that:
(i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Final Resting's name, any Final Resting trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Final Resting's express written consent;
Access, tamper with, or use non-public areas of the Services, Final Resting's computer systems, or the technical delivery systems of Final Resting's providers;
Attempt to probe, scan or test the vulnerability of any Final Resting system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Final Resting or any of Final Resting's providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Final Resting or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an Final Resting trademark, logo URL or product name without Final Resting's express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Funeral Home, Cemetery, and Hospice Terms.
If you are a funeral home, cemetery, hospice, or other business listed on our Services and wish to leverage certain functionality of our Services, the following terms apply to you:
You will be required to create a "Business Account" in order to enjoy certain features of the Services available to Business Accounts.
Claiming and Editing your Listing.
To claim your listing, please use the functionality of the Site to do so. We may verify the accuracy of your claim at our discretion, including, but not limited to, calling your business. You may be permitted to edit certain portions of your Business Account listing, including, but not limited to, the contact information, images, and the description of your business and its offerings.
You must pay for certain features of the Services which are available to Business Account holders, if you select those features and consequently you agree to provide Payment Information to us as described in Section 8 when appropriate. Some of these payments may be automatic recurring payments and the nature of the recurring payments will be communicated to you before you select the applicable Services feature. By way of illustration, you may select a Services feature which actively promotes the listings associated with your Business Account through the Services by enabling individuals to call you directly using a dedicated telephone number associated with your listing on the Services. If you select this feature you are authorizing Final Resting to initiate a Transaction against your Business Account on an ongoing basis and you agree to pay the amounts due for such feature calculated based on how many individuals call you using the dedicated telephone number during the billing period. The per-call rates and other terms for such service will be shown to you before you enter payment information. You may cancel your selection of a Services feature at any time by contacting us at email@example.com. Please note that cancellations made via email may take 1 business day to be implemented and that you are responsible for any payments due and payable to Final Resting resulting from such Services features prior to such implementation.
If you are an individual or entity offering for sale funeral-related products and services (the "Products") to other users via Final Resting's online marketplace (the "Marketplace"), the following terms apply to you.
You will be required to create a Business Account in order to offer your Products via the Marketplace. We may conduct a verification process to verify your identity and to ensure the information you provided with respect to your Business Account is accurate and complete. We reserve the right to deny the creation of a Business Account or suspend access to your Business Account if you provide false or incorrect information regarding your identity or that of your business.
Listing a Product.
When listing a Product for sale via the Marketplace, you must
(i) provide complete and accurate information about your Product and
(ii) provide any other pertinent information requested by Final Resting. You are solely responsible for keeping your listing up-to-date at all times, including ensuring that the information you provide related to your Products accurately represents the Product identified in the listing.
If a user purchases one of your Products via the Marketplace, you will be responsible for all activities and costs associated with the fulfillment of the Product order, including packaging, labeling, shipping and delivering the Product to the user. You agree that you will not use any information provided to you about a user purchasing your Products via the Marketplace, including personally identifiable information, for any purpose other than to complete the fulfillment of the order. You understand and agree that if a User purchases your Product on the Marketplace, a legally binding agreement is formed between you and such User and that Final Resting is not a party to that agreement. Your transactions with Users may be subject to foreign exchange rate conversion fees that Final Resting has no control over and are imposed by the payment processor.
Cancellations, Returns and Refunds
You are responsible for determining all cancellation, returns, and refund policies for your Products, and all cancellations, returns, and refunds will be handled directly between you and the purchaser. Final Resting may, but is not obligated to, assist you in processing such cancellation, return and refund requests.
Seller Representations and Warranties
You represent and warrant that the listing and sale of your Products via the Marketplace will
(i) not breach any agreements you have entered into with any third parties and
(ii) comply with all applicable laws, tax requirements, and other rules and regulations. If you are a business, you also represent and warrant that you are duly organized, validly existing and in good standing under the laws of the jurisdiction of incorporation or organization. As a seller, you are responsible for your own acts and omissions made either through the Services or in connection with the Services.
In addition to the indemnification obligations set forth in Section 17, you will indemnify, defend and hold Final Resting and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of your Products, including the offer, sale, fulfillment, refund, cancellation, or returns thereof, and any warranties you make with respect to the Products.
Final Resting respects copyright law and expects its users to do the same. It is Final Resting's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Final Resting's Copyright Policy for further information.
Links to Third Party Websites or Resources.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE MARKETPLACE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including any Business Account listings.
If you purchase Products via the Marketplace, you understand that Products are listed, stored, and sold by Business Account holders, not Final Resting. EXCEPT FOR ANY WARRANTIES FOR PRODUCTS OFFERED BY FINAL RESTING ITSELF ON THE MARKETPLACE, Final Resting makes no warranties WITH RESPECT TO THE Products listed AND SOLD on the Marketplace. Any dispute or claim related to a Product must be brought directly to the Business Account holder that sells the Product. You hereby irrevocably and perpetually release Final Resting from any and all claims related to the Products.
You will indemnify, defend and hold Final Resting and its officers, directors, employee and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
(i) your access to or use of the Services including the Marketplace and any Products purchased or sold via the Marketplace,
(ii) your User Content, or
(iii) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FINAL RESTING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FINAL RESTING OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FINAL RESTING'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FINAL RESTING FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FINAL RESTING, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINAL RESTING AND YOU.
Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflict of laws provisions.
Dispute Resolution for for U.S. Users.
Except as otherwise expressly set forth in this Section 20, the exclusive jurisdiction for all Disputes (defined below) that you and Final Resting are not required to arbitrate will be the state and federal courts located in the Northern District of Texas, and you and Final Resting each waive any objection to jurisdiction and venue in such courts. The following terms of this Section 20 only apply if you are an individual who is using the Services for your own personal use as a consumer and are not representing a legal entity.
Mandatory Arbitration of Disputes.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Exceptions and Opt-out.
As limited exceptions to Section 20(a) above:
(i) you may seek to resolve a Dispute in small claims court if it qualifies; and
(ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to these Terms.
If you want to begin arbitrating a Dispute, you must notify us by sending us an email at firstname.lastname@example.org or via another communication method we make available to you requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we'll send such a letter to you at the email address or street address that you provided.
Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We'll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
Effect of Changes on Arbitration.
Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Final Resting changes any of the terms of this Section 20 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Final Resting's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Final Resting in accordance with the terms of this Section 20 "Dispute Resolution" as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Dispute Resolution for Non-Users.
Except as otherwise expressly set forth in Section 21 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes that you and Final Resting will be the state and federal courts located in the Northern District of Texas, and you and Final Resting each waive any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Final Resting and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Final Resting and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Final Resting's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Final Resting may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Final Resting under these Terms, including those regarding modifications to these Terms, will be given:
(i) via email; or
(ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Right.
Final Resting's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Final Resting. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Final Resting at firstname.lastname@example.org.