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Terms and Conditions Agreement for use of

www.marvmem.com

  1. Duration of Guarantee – The product comes with a guarantee of 5 years, starting from the date of purchase.
  2. Coverage – This guarantee covers defects in materials and workmanship. The guarantee does not cover any damage caused by misuse, accidents, or negligence.
  3. Repair or Replacement – If a defect arises during the guarantee period, the customer can contact the seller to request either repair or replacement of the product, at the discretion of the seller.
  4. Limitations – This guarantee does not cover normal wear and tear of the product. Nor does it cover repairs or replacements that were caused by unauthorized alterations or repairs, or if the product has been used for a purpose other than its intended purpose.
  5. Exclusions – The guarantee excludes any indirect, incidental, or consequential damages that may arise from the use of the product. In addition, this guarantee doesn’t affect any statutory rights that the customer may be entitled to under applicable consumer protection laws.
  6. Transferability – This guarantee is only valid for the original purchaser and is not transferable to any subsequent owner of the product.
  7. Longer Guarantee – At the discretion of the seller, the guarantee period may be extended beyond 5 years for certain products.
  8. Marvelous Memories reserves the right to review and remove any content that is deemed to be hate speech. At Marvelous Memories, we firmly denounce and disapprove of hate speech. We encourage you to report any instances of abuse by reaching out to our dedicated support team at info@marvmem.com
IDENTITY THEFT CONCERNS FOR MARVELOUS MEMORIES MEMORIALS

At Marvelous Memories, we understand that privacy and security are of utmost importance
when it comes to honoring and remembering your loved ones. We recognize that identity
theft is a prevalent concern that should not be ignored. While identity theft can occur in
various contexts, including online social media platforms, traditional phone books, or even
instances of wallet theft, we encourage you to be mindful of the information you choose to
share about your loved one.

Please note that Marvelous Memories takes privacy and security seriously, and we have
implemented measures to protect the information you provide. However, it is important to
understand that no system can be entirely immune to unauthorized access or breaches.

Therefore, we want to emphasize that Marvelous Memories cannot be held responsible for
any incidents of identity theft or information theft that may occur.

We strongly advise you to educate yourself on safe practices and guidelines for sharing
personal information. Be cautious when revealing sensitive details such as full names,
addresses, contact numbers, or any other personally identifiable information associated with
your loved one. It is prudent to evaluate the potential risks and make informed decisions
about the information you choose to disclose within the memorials created on Marvelous Memories.

Furthermore, we recommend taking additional precautions to protect your loved one’s
information, such as using secure passwords, and regularly reviewing your privacy settings.
It is also essential to stay informed about the latest security threats and scams related to
identity theft, as criminals continuously evolve their tactics.

By utilizing Marvelous Memories services, you acknowledge that you understand and
accept the risks associated with sharing information online. While we strive to maintain a
secure platform, we cannot guarantee absolute protection against identity theft or
information theft. We are committed to continuously improving our security measures and
adhering to industry best practices to safeguard your data.

If you have any concerns or questions regarding privacy and security, please don’t hesitate
to contact our support team. Together, let us create meaningful memorials while remaining
vigilant in safeguarding personal information from unauthorized access.

Remember, your awareness and informed choices are vital in protecting the memory and
legacy of your loved ones.

Class Action Waiver, Mandatory Arbitration, Dispute Resolution and Governing Law

BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY
ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO
YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes
or controversies between You and Us (including against any of Our employees, agents, 
affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related
websites, the Content, Marvelous Memories Queries, related services and materials, any
related transaction or relationship and/or Your information, including, without limitation,
tort and contract claims, claims based upon any federal, state or local statute, law, order,
ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding
arbitration procedures set below. You further acknowledge and agree that any such claims
shall be brought solely in Your individual capacity and not as a plaintiff or class member in
any purported class, representative proceeding, or private attorney general capacity. 
Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall
be determined by the arbitrator and not by a court and the arbitrator may not consolidate
more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a
jury trial.

BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT
YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY
TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge
or jury. Arbitration is more informal than a court trial, however, an arbitrator can award
relief.

Separate and apart from the agreement to arbitrate set forth above, you hereby waive any
right to bring or participate in any class action in any way related to, or arising from, these
Terms or the matters that they describe. You acknowledge that this class action waiver is
material and essential to the arbitration of any dispute(s) You may have and is non-
severable from this agreement to arbitrate claims.

YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE,
WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION
WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS,
SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES,
PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN
WRITING AND NOT USE OUR SITE, MARVELOUS MEMORIES QUERIES OR OUR
SERVICES.

These Terms shall be treated as though they were executed and performed in Tennessee,
TN and shall be governed by and construed in accordance with the laws of the State of 
New York (without regard to conflict of law principles).

At Marvelous Memories, We expect that Our customer service team will be able to
resolve most complaints You may have regarding Our provision, or Your use of, our Site
and its services, such as Marvelous Memories Queries. If You have a complaint, You can
contact Our customer service team as described in the how to Contact Us section
below. In the unlikely event that Your complaint remains unresolved, We prefer to specify
now what each of us should expect in order to avoid any confusion later. Accordingly, You
and Marvelous Memories agree to the following resolution process for all disputes and
claims that You or Marvelous Memories may have arising from Our provision, or Your use,
of our Site and its services, such as Marvelous Memories Queries (each a “Service Claim”).

In an attempt to find the quickest and most efficient resolution of any Service Claim, You
and Marvelous Memories agree to first discuss the Service Claim informally for at least 30
days. To do that, the party who brings the Service Claim must first send to the other party
a notice that must include (1) a description of the Service Claim and (2) a proposed
resolution. If You want to raise a Service Claim, You must send the aforementioned
description and proposed resolution by email ( inf0@marvmem.com and/or certified mail to: Marvelous Memories, Attn: Legal Department, P.O. Box 4653 Cordova TN 38088. To
subsequently discuss Your Service Claim with You, We will contact You using the email
address or mailing address You provide in Your letter to Us. If Marvelous Memories wants
to raise a Service Claim, We will send You the aforementioned description and claim
notice to You at the email address that We have on file for You. If We do not have an email
address for You on file, Marvelous Memories will send Our Service Claim to You through a
means that complies with the service of process rules of the State of Tennessee.

IF YOU AND MARVELOUS MEMORIES DO NOT REACH AN AGREED UPON
RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND
MARVELOUS MEMORIES AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED
THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION FROM A ARBITRATION
PARTY CHOSE BY MARVELOUS MEMORIES USING ITS RULES AND REGULATIONS
GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND
INDIVIDUALS.

EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT
TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO
UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT
LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE
MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL
OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS
SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH
MARVELOUS MEMORIES AND YOU AGREE TO SUBMIT TO THE PERSONAL
JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM
SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW
YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN
ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND
DIRECTLY, YOU AND MARVELOUS MEMORIES AGREE TO BEGIN ANY ARBITRATION
OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR
AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY;
OTHERWISE, THE CLAIM IS WAIVED.

This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND
THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO
PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR’S DECISION OR
AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A
JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.