WeRemember.org Terms & Conditions

1. Terms
Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These terms and conditions are subject to change. Changes will be incorporated into the Terms and Conditions posted to this website from time to time. We Remember, LLC reserves the right to update the Terms and Conditions at any time without notice to the user. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

2. Description of Services
We Remember, LLC, provides the User with services which consist of the following:

• Access to our website
• Ability to create and update a “Member Profile” which contains information input by you
• Secure storage of your personal information, information about your asset(s), information about your beneficiaries, and any other information provided by you
• Determining your death by checking the Social Security Death Master File, provided by the United States Social Security Administration, on a regular basis
• Verification of your death by either obtaining a death certificate from a “Beneficiary” listed within your “Member Profile” or by confirmation from individuals designated by you to verify your passing (Note: Just because we use the word "beneficiary" doesn't mean that the person being contacted by We Remember is a legal "beneficiary". We use the term "Beneficiaries" to apply to anyone that you designate to inform of the asset, even if that asset doesn't normally have a legal beneficiary or if that beneficiary doesn't have a legal right to inherit that asset )
• Upon verification of your death, We Remember contacts designated beneficiaries by either phone or certified mail to inform them of asset and contact information provided by you on your “Member Profile”
• Designated beneficiaries and individuals within your “Member Profile” are provided information about your assets only after verification of your death
• The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions. We may from time to time, at our sole discretion, reduce, enhance or change the foregoing services we provide to you.

3. Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of We Remember and all charges related thereto.

4. User Conduct
a. User shall use WeRemember.org for lawful purposes only. User shall not store, post, or transmit through We Remember any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without We Remember, LLC's express prior approval, contains advertising or any solicitation with respect to products or services.

b. We Remember contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of We Remember are copyrighted as a collective work under the copyright laws of the United States. We Remember, LLC, owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of We Remember, LLC, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

c. User shall not upload, post or otherwise make available on We Remember any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

5. Disclaimer
The materials on We Remember, LLC's web site are provided "as is". We Remember, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, We Remember, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

6. Limitations
In no event shall We Remember, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on We Remember, LLC's Internet site, even if We Remember, LLC or a We Remember, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. We assume no responsibility for errors or omissions in the information or other documents which are referenced by or linked to our web site. We will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond our reasonable commercial control. In other words, we will provide the Service to the best of our abilities. If something goes wrong, something beyond our control, we cannot be held responsible.

7. Member Account, Password and Security
If any of the Services requires User to open an account, User must complete the registration process by providing We Remember, LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify We Remember, LLC immediately of any unauthorized use of User’s account or any other breach of security. We Remember, LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by We Remember, LLC or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

All information entered on WeRemember.org must be entered by the actual user of the Member Profile. At no time can you create a profile for another individual.

8. Refusal of Service
We will determine whether or not to accept you as a client and provide the Service to you, and we may refuse to provide Service to you for any reason.

9. Authorization
By accepting these terms and conditions, you expressly authorize our authorized employees to: complete and execute on your behalf documents required to provide the Service and speak to parties on your behalf as required to provide the Service.

10. Revisions and Errata
The materials appearing on We Remember, LLC's web site could include technical, typographical, or photographic errors. We Remember, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. We Remember, LLC may make changes to the materials contained on its web site at any time without notice. We Remember, LLC does not, however, make any commitment to update the materials.

11. Links to Third-Party Sites
The links in this area will let you leave We Remember, LLC’s site. The linked sites are not under the control of We Remember, LLC and We Remember, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We Remember, LLC is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by We Remember, LLC of the site.

We Remember, LLC is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, We Remember, LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of We Remember, are those of the respective author(s) or distributor(s) and not of We Remember, LLC. Neither We Remember, LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through We Remember, LLC represents the opinions and judgments of the respective information provider, User, or other user not under contract with We Remember, LLC. We Remember, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on We Remember, LLC by anyone other than authorized We Remember, LLC employee spokespersons while acting in their official capacities. Under no circumstances will We Remember, LLC be liable for any loss or damage caused by a User's reliance on information obtained through We Remember, LLC. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through We Remember, LLC. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Insurance
We are neither an insurance company nor an agent for any insurance company and do not sell or negotiate insurance. We Remember does not provide investment, tax, legal or insurance advice. Please get competent, licensed counsel for these issues.

13. Site Terms & Conditions Modifications
We Remember, LLC may revise these terms and conditions for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions. We Remember, LLC shall have the right at any time to change or modify the Terms and Conditions applicable to registered User's use of We Remember, or any part thereof, or to impose new conditions, including, but not limited to, adding new service charges for use. It is the responsibility of the User to periodically review the Terms and Conditions for updates or changes.

14. Termination
We Remember, LLC or User may terminate this Agreement at any time. Without limiting the foregoing, We Remember, LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which We Remember, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

15. Trademarks, Copyrights and Restrictions
Everything you see in any promotional materials is copyrighted by us unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by us. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any of our information without the express, written consent of We Remember, LLC.

16. Payment Terms/Taxes
Payment for the Service may be made by bank cards or other mutually agreed upon payment instrument. You are personally responsible for any applicable state and/or federal sales or other taxes that may be associated with the purchase of our Service.

17. Premium Care Package/Premium Membership
To ensure proper care for your loved ones and to make certain your beneficiaries have additional assistance, WeRemember.org offers an upgraded membership, The Premium Care Package/Premium Membership. Cost of registering for the Premium Care Package varies and depends on when the User purchases the membership; all pricing is subject to change. WeRemember.org will contact the beneficiaries designated on your Member Profile upon confirmation of your passing, and additionally send them a package via postal mail containing important documents related to your policies. The documents may include claims forms, claim instructions, and other relevant information. WeRemember.org will contact your financial and insurance companies, and will request claim forms on behalf of your designated beneficiaries. WeRemember.org reserves the right to limit the documentation sent to the designated beneficiary. We do not guarantee that we will send every claim form for every one of your policies, but we will do our best to do so.

At the request of your designated beneficiary, WeRemember.org will provide them contact information for local attorneys and financial planners. These attorneys and/or financial planners have no affiliation with WeRemember.org and are not employed with WeRemember.org. The attorneys and financial planners have the right to charge a fee for their consultation and/or services.

WeRemember.org will also provide your designated beneficiaries with a customer service phone number. Your beneficiaries may contact us and we will do our best to provide any assistance and/or answer any questions. We reserve the right to eliminate access to this phone number in the future.

18. Email Marketing
You may receive emails from We Remember, LLC or on behalf of We Remember, LLC that include but are not limited to: important account updates, newsletters, product updates and promotions.

19. Governing Law
This agreement and any Service provided hereunder will be governed by the laws of the State of Illinois, without regard to any Illinois laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the state of Illinois for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from us, and waive any objection to the laying of venue of any such litigation in Illinois courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum; in other words, if we have a dispute, you agree to resolve it in a Illinois court.

20. Arbitration
a. Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration to be held in Chicago, Illinois, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any state or federal court in Illinois. Although the cost of the arbitrator will be borne by us, all other expenses of arbitration will be paid by the party who incurred them. In other words, if there is conflict between you and us, before we go to court, we will go to an arbiter to resolve the problems.

b. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class. In other words, you will not join a class action lawsuit against us.

21. Indemnification
You agree to indemnify, defend and hold us and any of our affiliates and all of our agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any breach by you of these terms and conditions. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent. In other words, if you decide to sue us or someone sues you as a result of this agreement, you will not sue anyone but We Remember, LLC, and you can't settle your lawsuit without including us in the settlement.

22. Description of your obligations
You agree that the information you provide during the registration process and any subsequent information you provide to us will be true, accurate, and current. You are obligated to update your “Member Profile” in the event that any of the information you have provided has changed. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your PIN or passwords in obvious places. You agree to comply with all applicable laws and regulations and that you are buying the Service for your own use only. You agree that you are eighteen (18) years of age or older.

23. Withdrawal
You may withdraw your acceptance of this agreement at any time by notifying our Client Services by phone or in writing. Upon notification of your withdrawal of acceptance, We Remember will cancel your service.

24. Acknowledgment
The Agreement, including all documents referred to herein, represents the entire understanding between you and We Remember regarding your relationship with We Remember and supersedes any prior statements or representations. When using the We Remember Service, you agree to be bound by these terms and conditions.

25. Refund Policy
Refunds will be provided for requests made within 7 days of purchase. For items that were shipped, a full refund will be made excluding the shipping costs. To request a refund, email us at info@weremember.org with your name and the date your membership was purchased. Alternatively, you may contact us by phone at (847)730-5823 or via regular mail at PO Box 2834, Glenview, IL 60025. 

26. Privacy
Personal information submitted in connection with the Service is subject to our Privacy Policy. For more information, see our full Privacy Policy.