• Users/Members – means:
• people accessing www.myeternaljournal.com,
• people who have subscribed to the online Journal services provided through www.myeternaljournal.com,
• people using www.myeternaljournal.com as the Journal Administrator and/or
• people who have been granted access (by the Member) to read contents of a Member’s online Journal.
• You/Your – means the person accessing and using this website and the legal entity he/she represents during the course of that employment or engagement by that entity.
• Journal – means the My Eternal Journal created by Members
• Site/Home Page/Website/Services – means www.myeternaljournal.com and the associated journal pages where Members create their journal, the associated database where the journal data is stored, and any
• related services
My Eternal Journal, LLC – means the limited liability company, located in Humble, Texas, USA, which owns www.myeternaljournal.com.
• We/Our/Us – means www.myeternaljournal.com and My Eternal Journal, LLC.

Terms of Use:
Your use of www.myeternaljournal.com is subject to the terms of a legal agreement between you and My Eternal Journal, LLC. This document sets out the terms of that agreement.

In order to use www.myeternaljournal.com, you must first agree to the Terms. You accept these Terms in two ways, when you click to agree or by use of this website.

By accepting the Terms, you are also committing to be bound by the terms of the Policy Statement and Privacy Statement and that these constitute the entire Agreement. You agree you have read and accepted these Statements. You must first agree with these Terms and Statements prior to use of the website.

You agree that if one term in any of the Terms, Privacy Statement or Policy Statement is declared unenforceable, all others shall remain in effect.

Upon accepting these Terms and upon signing up for services, My Eternal Journal, LLC grants you, for a fee, a subscription to use the services provided through www.myeternaljournal.com. This subscription will be automatically renewed annually unless cancelled by you. You will be charged for this subscription through your choice of payment options provided by Website Payment Payflow Pro and PayPal.

You agree not to use www.myeternaljournal.com or accept the Terms if you are not of legal age to form a binding contract with My Eternal Journal, LLC, you are not a person who can legally make decisions, or you are a person barred from receiving the services provided by www.myeternaljournal.com under the laws of the United States or other countries including the country in which you are resident or from which you use the services of www.myeternaljournal.com.

My Eternal Journal, LLC owns this site and, unless otherwise, noted, we own all of the copyright and trademark materials on this site. Unauthorized use of or modification to this site or the materials within this site is not permitted. You agree not to copy or adapt the format, design, and/or programming code or the fields and folders used in this Site.

You agree that My Eternal Journal, LLC reserves the right to sell, trade, or transfer the ownership of www.myeternaljournal.com and the associated functionality and services with no notice to you.

An electronic “acceptance” of this Agreement is subject to the same conditions as a written Agreement.

You accept these terms on you own free will and you may cancel this Agreement at any time. If you cancel this Agreement, your membership will be discontinued from www.myeternaljournal.com.

Your use of www.myeternaljournal.com:
You agree not to use the site for illegal purposes or in any way in which your use constitutes a violation of any laws. You agree not to publish detailed personal information such as account numbers and social security numbers to your online journal. You further agree not to publish information containing trade secrets, copyrights, and other proprietary information to your online journal.

You agree to use www.myeternaljournal.com only for its intended purposes of accounting for your assets, documenting final wishes and final instructions and creating final messages for loved ones. You further agree to use the site only in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree that you will not engage in any activity that interferes with or disrupts the services provided by www.myeternaljournal.com (or the servers and networks which are connected to the services provided by www.myeternaljournal.com).

You agree not to use this site for any unlawful purposes or to publish anything that is threatening, slanderous, defamatory, illegal, injurious, libelous, obscene, vulgar, or indecent.

My Eternal Journal, LLC does not monitor information that is posted. Therefore, you agree that you are solely responsible for your account and password security and that My Eternal Journal, LLC has no responsibility to you or to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which My Eternal Journal, LLC or you may suffer) of any such breach. This includes, but is not limited to, any activity (attempted and/or contemplated) that occurs under the use of your account by you or someone else.

You agree not to use any software, programs, hardware, device, techniques, processes, persons, or any other thing to interfere with the working and accessibility of this Site.

Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the services provided by www.myeternaljournal.com. You agree that you will be solely responsible for all activities (attempted and/or contemplated) that occur under your account by you or someone else.

You agree that you have the option of identifying two administrators for your Journal. Administrators are individuals who can have full access or limited access to your Journal. You agree that you can also grant access for users (identified by you) to have view individual messages in your Journal and/or the contents of your Journal. You agree that it is solely your decision which access rights are granted to the administrators and users and that as part of the Manage Access for Family and Friends section of the Journal you solely manage that access to your Journal. You agree that you alone have accountability for the actions taken by others (contemplated or completed) that access your account.

You agree that in the event that both administrators forget your user ID and password, that they must correctly answer the questions on your profile. You further agree that in the event of your death, if the administrators or users cannot correctly answer the questions on your profile, they must fax a death certificate to My Eternal Journal, LLC. Once My Eternal Journal, LLC receives the death certificate, we will make an attempt to reach the Member. If we cannot reach the Member, then the user ID and password will be given to the person who submitted the death certificate to us.

You agree that as part of the subscription process, we will identify profile question(s) associated with your password. You agree to use these question(s) and answer(s) and that these are accessible only by you and by those who you provide with your User ID and password.

We agree to make reasonable precautions to manage the security of information you provide for the Member profile. We will not share your password or other information with others, other than required by court order or law or as part of the “forgot your password” functionality of the tool. If your password is requested through the “forgot your password” functionality, your password will be released to the email address associated with your User ID if the question(s) associated with your profile is/are answered correctly.

You agree that if you die without providing secured access information to another, the data will be kept for 60 days (so long as your membership is paid in full for that period). It will be permanently deleted thereafter unless your estate purchases a maintenance plan with My Eternal Journal, LLC fifteen calendar days before the expiration of the subscription. You agree that the Terms for the maintenance plan are the same as those included here in the Terms, Privacy Statement, and Policy Statement.

You agree not to allow access to others for purposes of posting and agree not to sell or lease the right to post to this site.

Privacy and Your Personal Information
You understand and agree that the internet and email is a public medium and that electronic communication can be viewed by others and that you release My Eternal Journal, LLC for all liability resulting from unlawful access or accidental transmission of data.

For additional information, refer to the Privacy Statement for www.myeternaljournal.com www.myeternaljournal.com.

License
My Eternal Journal, LLC does not grant any license or authorization whatsoever over its intellectual property or over any other property or right relating to the website, services or contents.

Disclaimer of Liability and Limited Warranty
My Eternal Journal, LLC, shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of, or connected with, your use of any aspect of the myeternaljournal.com website. This includes, but is not limited to, the publication of any data, theft of any data, loss of any data, or information created through the use of www.myeternaljournal.com or documents, including, but not limited to data or information held by www.myeternaljournal.com

My Eternal Journal, LLC shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of, or connected with accidental, consequential damages, libel or illegal use of the website.

My Eternal Journal, LLC shall not be liable for any loss, injury (perceived or real), claim, slander, liability, or damage related to the use of www.myeternaljournal.com or any site linked to this Site. The User warrants that he/she indemnifies My Eternal Journal, LLC and holds My Eternal Journal, LLC harmless from any and all claims, demands, losses of any kinds whatsoever arising from or in relation to the use of this site or any document completed or attempted to be completed on this Site that may be made by the User or others and this indemnification and release is binding on the users, heirs, successors, administrators, executors, assignees, receivers.

In no event shall My Eternal Journal, LLC be liable for any claim that exceeds the amount of money User paid to use the service and our liability shall not extend to any claim for any other damages, including but not limited to, loss of data, or use of software, or special, incidental or consequential damages or similar claims, loss of confidential data, loss of privacy, failure to meet any duty including good faith or reasonable care, negligence, any other loss, pecuniary, or otherwise that may arise out of the use, misuse or the inability to use the software and related services. Member agrees that My Eternal Journal, LLC shall not be liable to any person -- a registered Member or non registered Member -- of this site and Member agrees to indemnify My Eternal Journal, LLC for any claims whatsoever from anyone -- a registered Member or non registered Member -- of this site arising from Member’s use, inability to use, postings, etc.

You agree and understand that, at times myeternaljournal.com will not be available due to maintenance of the Site, scheduled downtime, or internet or server issues beyond our control. My Eternal Journal, LLC does not guarantee the availability and continuity of the operation of the website. We will not be held liable for interruption of service. When reasonably possible, My Eternal Journal, LLC will issue advance notice of interruption. My Eternal Journal, LLC does not guarantee the accuracy or completeness of the site. My Eternal Journal, LLC also does not guarantee that users may effectively use the site, access the various web pages making up the site or those from which the My Eternal Journal ™ services are provided. The User warrants that he/she indemnifies My Eternal Journal, LLC and holds My Eternal Journal, LLC harmless from any and all damages or loss of any nature that maybe caused by lack of availability, accuracy, and/or completeness of the site and that this indemnification and release is binding on the users, heirs, successors, administrators, executors, assignees, receivers. My Eternal Journal, LLC does not guarantee that the site will meet all user requirements or be useful to all Members or potential members or that it will meet the requirements of a specific purpose or activity or that it is error free. The User warrants that he/she indemnifies My Eternal Journal, LLC and holds My Eternal Journal, LLC harmless from any and all damages or loss of any nature that maybe caused by lack of effective use of the site or lack of the site meeting user requirements and that this indemnification and release is binding on the users, heirs, successors, administrators, executors, assignees, receivers.

My Eternal Journal, LLC does not guarantee the security in the use of the website, pages, or journal components or website links included in the site and does not guarantee that unauthorized third parties cannot obtain information, knowledge, data, etc. The User warrants that he/she indemnifies My Eternal Journal, LLC and holds My Eternal Journal, LLC harmless from any and all damages or loss of any nature that maybe caused by theft of data or unauthorized use or unauthorized access or unauthorized distribution of information and that indemnification and release is binding on the users, heirs, successors, administrators, executors, assignees, receivers.

My Eternal Journal, LLC does not guarantee the site will be free for viruses or programming or data errors. The User warrants that he/she indemnifies My Eternal Journal, LLC and holds My Eternal Journal, LLC harmless from any and all damages or loss of any nature that maybe caused by viruses, programming or data errors and that indemnification and release is binding on the users, heirs, successors, administrators, executors, assignees, receivers.

User is solely accountable for the accuracy, integrity, legality and content of what is posted to their journal and indemnifies My Eternal Journal, LLC for any claims. My Eternal Journal, LLC is solely responsible for managing the site and will make reasonable provisions to enable postings and access in accordance with the Policy Statement.

Applicable Law and Jurisdiction
My Eternal Journal, LLC is located in Harris County, Texas. You agree that any enforcement of this Agreement shall be in Texas in Harris County.

Revisions:
My Eternal Journal, LLC reserves the right to amend these Terms at any time by publishing revisions to these Terms on www.myeternaljournal.com without notification to you. You agree that each time you visit www.myeternaljournal.com that you are subject and bound by the current Terms in place at that time. This applies to the Terms and Conditions, Policy Statement and Privacy Statement from July 31, 2007 forward.

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• Users/Members – means:
• people accessing www.myeternaljournal.com,
• people who have subscribed to the online journal services provided through www.myeternaljournal.com,
• people using www.myeternaljournal.com as the Journal Administrator and/or
• people who have been granted access (by the Member) to read contents of a Member’s online journal.
• You/Your – means the person accessing and using this website and the legal entity he/she represents during the course of that employment or engagement by that entity.
• Journal – means the My Eternal Journal ™ created by Members
• Site/Home Page/Website/Services – means www.myeternaljournal.com and the associated journal pages where Members create their journal, the associated database where the journal data is stored, and any related services
• My Eternal Journal, LLC – means the limited liability company, located in Humble, Texas, USA, which owns www.myeternaljournal.com.
• We/Our/Us – means www.myeternaljournal.com and My Eternal Journal, LLC.

Data We Collect
When you sign up for our services through www.myeternaljournal.com, you agree that you will provide payment for the services. As part of that payment process, you agree that we may gather the following information about you: name, address, phone number, email address, and credit card or Pay Pal account information. You agree that we may gather this information through Website Payment Payflow Pro and PayPal.

You agree that as part of the subscription process, we will identify profile question(s) associated with your password. You agree to use these question(s) and answer(s) and that these are accessible only by you and by those who you provide with your User ID and password.

We agree to make reasonable precautions to manage the security of information you provide for the Member profile. We will not share your password or other information with others, other than required by court order or law or as part of the “forgot your password” functionality of the tool. If your password is requested through the “forgot your password” functionality, your password will be released to the email address associated with the User ID if the question(s) associated with your profile is/are answered correctly.

You agree that you have the option of identifying two administrators for your Journal. Administrators are individuals who can have full access or limited access to your Journal. You agree that you can also grant access for users (identified by you) to view individual messages in your Journal and/or the contents of your Journal. You agree that it is solely your decision which access rights are granted to the administrators and users and that as part of the Manage Access for Family and Friends section of the Journal you solely manage that access to your Journal. We cannot grant access to administrators or users.

From time to time, we may use the information you have provided to us during the subscription process to send alerts to you regarding the website. We will not provide this information to anyone else other than as required by court order or law.

If a member provides My Eternal Journal, LLC with any information or data not associated with the Site including but not limited to comments, questions, email messages, such data will be treated as non-confidential and My Eternal Journal, LLC will not take any actions to protect such data.

You agree that your personal data and the information you have provided in your journal will be turned over to anyone who has a court order for its turnover or as otherwise required by law.

Third Party Links
Our Web site may include links to third party Web sites. My Eternal Journal, LLC makes no representation or endorsement of these sites.

My Eternal Journal, LLC shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of, or connected with, your use of the Third Party websites listed on or connected through our website or through the online sign up process. This includes, but is not limited to, the loss of any data or information during the online services sign up process or use of Third Party websites.

An electronic “acceptance” of this Agreement is subject to the same conditions as a written Agreement.

You accept these terms on you own free will and you may cancel this Agreement at any time. If you cancel this Agreement, your membership will be discontinued from www.myeternaljournal.com.

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• Users/Members – means:
• people accessing www.myeternaljournal.com,
• people who have subscribed to the online journal services provided through www.myeternaljournal.com,
• people using www.myeternaljournal.com as the Journal Administrator and/or
• people who have been granted access (by the Member) to read contents of a Member’s online journal
.
• You/Your – means the person accessing and using this website and the legal entity he/she represents during the course of that employment or engagement by that entity.
• Journal – means the My Eternal Journal ™ created by Members
• Site/Home Page/Website/Services – means www.myeternaljournal.com and the associated journal pages where Members create their journal, the associated database where the journal data is stored, and any related services.
• My Eternal Journal, LLC – means the limited liability company, located in Humble, Texas, USA, which owns www.myeternaljournal.com.
• We/Our/Us – means www.myeternaljournal.com and My Eternal Journal, LLC.

Our Policy:
My Eternal Journal, LLC is not an attorney and will not and cannot provide legal advice or other professional advice. Nothing contained in this site is a substitute for legal, financial, and other professional advice. Any data noted within myeternaljournal.com does not replace any legal document. You may use this site only for the purposes intended by www.myeternaljournal.com. The diaries posted to this site by Members are not legally binding and do not replace any Will or any other legal documentation.

An electronic “acceptance” of this Agreement is subject to the same conditions as a written Agreement.

You accept these terms on you own free will and you may cancel this Agreement at any time. If you cancel this Agreement, your membership will be discontinued from www.myeternaljournal.com.

Upon accepting these Terms and upon signing up for services, My Eternal Journal, LLC grants you, for a fee, a subscription to use the services provided through www.myeternaljournal.com. This subscription will be automatically renewed annually unless cancelled by you. You will be charged for this subscription through your choice of payment options provided by Website Payment Payflow Pro and PayPal. All fees are non-refundable unless subscription is cancelled by you or us within three calendar days.

From time to time, we might extend incentive, discounted subscription rates to new Members. These discounted subscription prices do not apply to existing members.

My Eternal Journal, LLC reserves the right to deny or withdrawal access to the site any time without warning. Fees collected by My Eternal Journal, LLC will not be refunded or rebated by My Eternal Journal, LLC unless the service to which the member has subscribed is completely withdrawn by us.

We will not purposefully share, sell, or distribute your personal information to any third party or use it in any way other than in fulfilling your order, responding to inquiries, monitoring the performance of the website, and sending alerts to you regarding the website, except as required by court order or legal and/or regulatory requirements.

We do not own any data, information, photos, videos, or other material that is posted or submitted to myeternaljournal.com. Each user shall have sole accountability for the accuracy and integrity of all material he/she posts to this site. We will not monitor, edit or disclose the details of your My Eternal Journal except as allowed under the terms in this Policy Statement or as noted in the Terms and Conditions or Privacy Statement.

Terms and Conditions » :: Privacy Statement » :: Policy Statement »

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