Terms & Conditions
Enlighten Memorial LLC
Terms & Conditions
Last Updated: June 12, 2024
Welcome to Enlighten Memorial LLC. Please read these terms and conditions carefully before using Our Services. Your ability to create and activate an account, purchase a package or service or use our services as a guest is contingent on you accepting these terms and conditions from our company, Enlighten Memorial LLC.
Your access to and use of the Services are conditioned on your acceptance of and compliance with all of these Company terms and conditions. These conditions and terms apply to all users, visitors and customers of Enlighten Memorial LLC and the Company Website, App, or approved Affiliates.
Company reserves the right to change and update these Terms and Conditions at its sole discretion. If there are any material changes to these Terms and Conditions, we will change the “Last Updated” date above. It is important that you review the Terms and Conditions whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms and Conditions, you are agreeing to be bound by the updated Terms and Conditions. Our Services are evolving, we reserve the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meaning defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.
Definitions
For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that is controlled by another ownership group or company structure for which Enlighten Memorial has vetted and does business with
- “Account” means a unique account created for You to access our Service or parts of our Service or platform
- “Company” (referred to either “the Company”, “We”, “Us”, or “our” in this agreement) refers to Enlighten Memorial LLC
- “Country” refers to Enlighten Memorial United States or Canada
- “Content” refers to content such as text, images, or other information that can be posted, uploaded, shared, or viewed as made available by you or your site visitors, guests, and authorized users regardless of the form of any content
- “Device” means any device that can access the Service such as a computer, cell phone, smart watch, digital tablet, etc.
- “Feedback” means feedback, innovations or suggestions, sent by You regarding the attributes of, performance or features of our Service
- “Service” refers to the website and/or App
- “Website” refers to EnlightenMemorial.com www.enlightenmemorial.com
- “Memorial” refers to the digital memorial page that customers can create and purchase
- “Life Time” means the Approved and Active Memorial will be available for the life of the Company/Website and or until such date that that the Memorial is not renewed or suspended
- “Suspended” refers to the status of an Account or Memorial due to Company’s discretionary decision to remove access or viewability of the digital memorial or obituary, or any service provided to a Customer
- “Subscription” refers to a purchased product or service from The Company
- “Customer” refers to anyone who has or intends to purchase a product or service from The Company
- “Administrator” refers to the owner of an Account and/or a Memorial
- “Loved One” refers to the person you’re creating a memorial or obituary for
- “Designated Contact” refers to the person that assumes both the memorial and financial responsibility for a memorial/account upon their loved one’s passing
- “Visitor” refers to an individual who accesses our services/website without an account
- “Contributor” refers to an individual who accesses our services without an account but contributes to a memorial
- “User” refers to anyone using Enlighten Memorial or it’s affiliate sites to comment, view, contribute, provide content or any activity that allows them to access the Company Website or App
- “Mail” refers to the physical mailing of a letter/card to the Administrator of the Memorial
CONDITIONS OF USE
We will provide services to you upon successful completion and approval of any new obituary or memorial package. Any time you as a Customer, Administrator, Loved One, Designated Contact, Visitor or Contributor visit the Company Website, use its Services, or make a purchase, you accept the Enlighten Memorial Terms and Conditions. This is why we suggest you read them carefully. 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.
The Company reserves the right to have sole discretion on approval and activation of any purchased package or account or service. If the Company detects fraud, misuse of the website or its platform, language deemed to be inappropriate in nature or insensitive, complaints from Customers, Administrators, Loved Ones, Designated Contacts, Visitors or Contributors, Company may suspend any account until the situation is resolved and approved/denied by an Enlighten Memorial LLC representative. If an account is deemed not acceptable due to fraud, misuse, inappropriate content, insensitive content or at our discretion there will be no refund issued for money already paid to Enlighten Memorial LLC. For more information or to contact Company please email Us at Support@EnlightenMemorial.com
Each Obituary and/or Memorial page is set up to represent a place of remembrance for one person. Anyone caught using one obituary and/or Memorial for multiple people will have their account removed and no refund will be issued. This will be considered fraud under the Enlighten Memorial Terms & Conditions and the person will be banned from future use of this website. Please note, multiple Memorial pages may be purchase separately and available on one account.
ACCURACY OF ACCOUNT INFORMATION
It is 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.
When creating an account on Enlighten Memorial, you may choose to provide the contact information for the company handling your loved one’s final arrangements as well as upload a copy of their death certificate. By providing this information, you confirm the Company may use this information to confirm details, if necessary.
SUBSCRIPTIONS
If you purchase a recurring Subscription, you will automatically be charged a yearly fee, plus any applicable taxes, on the anniversary date of which you purchased the Subscription and every year after using the Payment information you have provided to us until you cancel your Subscription. If your Payment information is invalid or expired, we will try to contact you for a new method of Payment.
If you are creating a Preplanning account, upon your passing/passing of your loved one, we will discuss payment terms with your Designated Contact when the account is transferred over to them.
If you need help with cancelling your Subscription, please contact us at Support@EnlightenMemorial.com .
You may cancel your Subscription at any time but the cancellation will be effective at the end of the current Subscription period. 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.
PRIVACY POLICY
Before you continue using our Website we advise you to read our Privacy Policy https://enlightenmemorial.com/privacy-policy/ regarding our information collection. It will help you better understand our practices and privacy protections.
COPYRIGHT
Content published on this Company Website (Apps, digital downloads, images, text, graphics, logos, music, software, audio, video or works of authorship of any kind) is the property of Enlighten Memorial LLC and/or its Content Creators or Affiliates are protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Enlighten Memorial LLC, with copyright authorship for the compilation.
COMMUNICATION
Most communication and interaction with Company is electronic. Every time you send us an email or visit our Website you are going to be communicating with Enlighten Memorial LLC (Company). You hereby consent to receive communications from Company. If you subscribe to services such as newsletters, Company or Website updates, promotions or anything in the common practice of Company providing service and operating its business model you may be receiving emails, texts and/or Mail from us. Unless you opt out, we will continue to send you valuable information, news and updates about our Services and Company. You also agree that all notices, disclosures, agreements, purchases and other communication we provide to you electronically meet the legal requirements that such communications be in writing.
THIRD PARTY COMMUNICATION
Enlighten Memorial is committed to your privacy. When creating an obituary on Enlighten Memorial, you can choose to receive information and email notifications from a trusted Affiliate and their partners who can offer additional resources for honoring your loved one. You can opt-in to these notifications by providing your email address when creating an obituary. By opting in, you agree to the Tribute Technology privacy policy, which you can review here https://www.tributetech.com/privacy-policy . Providing your email address to Tribute Technology is optional and any further communication with them or their partners will be separate from Enlighten Memorial.
TERMINATION
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms and Conditions which are by their nature should survive and will survive, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
INDEMNITY
You will indemnify, defend and hold Enlighten Memorial LLC and its officers, directors, employees and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, neither Enlighten Memorial LLC 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 opportunities, 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, negligence, product liability or any other legal theory, and whether or not Enlighten Memorial LLC 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 Enlighten Memorial LLC’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 Enlighten Memorial LLC for the use of the services or one hundred dollars ($100), if you have not had any payment obligations to Enlighten Memorial LLC, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Enlighten Memorial LLC and you.
APPLICABLE LAW
By visiting this Website or interacting with the Company, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principals of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Enlighten Memorial LLC and you, or its business partners and Affiliates.
DISPUTES
Any dispute related in any way to your visit to Enlighten Memorial LLCs website, App, products or services you purchase as a Customer or Account owner shall be arbitrated by the Commonwealth of Pennsylvania located in the United States of America and you consent to exclusive jurisdiction and venue of such courts.
REFUNDS OR CREDITS
All Company sales and purchases are final once the Terms and Conditions and Payment Processing are complete.
Enlighten Memorial’s mission is to provide outstanding customer service and value for those in need of Life Remembrance and Legacy Celebration services. Any request for a refund or credit should be sent directly to the Company at Support@EnlightenMemorial.com
Thank you for engaging with Enlighten Memorial, we value all of our customers and guests and appreciate your business.