Terms of Use

Tribute Technology Terms of Use

Last Updated: July 10, 2024

These Terms of Use, together with the Tribute Technology Privacy Policy, (collectively, the "Terms") set forth the terms and conditions that apply to your access and use of the website of Tribute Technology (https://www.tributetech.com) and our associated services, including our services that are available through the websites of our client funeral homes and other funeral professionals (each, a “Client”) and any other websites where we link to these Terms (together, the "Sites"), whether as a Client, end user or customer of a Client, or otherwise. Our services available through such Sites are referred to herein collectively as the “Services.” Certain Services accessible through the Sites may have their own terms and conditions that apply to your use of those particular Services. These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and the applicable entity referred to in Section 13 of these Terms ("Tribute Technology," "we," "us" and “our”) concerning your access to and use of the Services.

By using or accessing the Services, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below. If you do not agree to the following Terms, do not access or use the Services.

Notice of Binding Arbitration. These Terms provide that all disputes between you and us that in any way relate to these Terms or your use of the Services will be resolved through an escalating alternative dispute resolution process culminating, if necessary, in final and binding arbitration. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section 12 below entitled “Dispute Resolution Process” for the details regarding your agreement to arbitrate any disputes with us.

1.  Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.

2.  Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password ("Registration Information"). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from us for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at websites@tributetech.com.

3.  Your Use of the Services and Prohibited Conduct. You are granted a limited, non-exclusive, revocable right to access and use the Services solely for your personal or non-commercial use; provided, that if you are a Client, your commercial use in connection with your Site is permitted for your business. Except for the limited right expressly granted to you in these Terms, we and our licensors expressly reserve all other rights and licenses to the Services and their content. You agree not to:

A.  Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;

C.  Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate, or that violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity;

D. Interfere in any way with, bypass or attempt to bypass any security-related features of the Services;

E.  Interfere with the operation or any user's enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

F.  Deep-link to any feature or content on the Services, or access, monitor or copy any content or information of the Services using any robot, spider, scraper, crawler or other automated means or any manual process for any purpose without our express written permission;

G. Use, reproduce, modify, distribute or store any part of the Services (including obituaries, event information, or other content) for any purpose without our prior written permission;

H. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;

I.   Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business; or

J.   Sell or otherwise transfer the access granted herein.

4.  Third Party Content. The Services may contain links to third party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

5.  Intellectual Property. You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video or image, or post or submit other content (together, "Content") to us or via the Services, including to any website of any funeral home or other funeral professionals provided by us, such Content will be shared with and stored by us and our affiliates and partners, including but not limited to Tribute Archive (tributearchive.com), and may also be used in connection with other products and services provided by us and our affiliates and partners in connection with the Sites, including products such as Tribute Book. With respect to any images or videos that you post or provide in connection with the Services, you represent and warrant that you have secured the permission of any living persons depicted therein to (i) post them, and (ii) the use of such Content as set out in these Terms. You hereby grant to us and our agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, funeral homes or other funeral professionals that are our Clients, and those acting with authority of the foregoing (collectively, “Applicable Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable, and sublicensable right and license to use, share, reproduce, distribute, sell, prepare derivative works of, excerpt, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, create algorithms based on, modify, and/or transcode such Content in any and all formats and through any and all means and channels, including without limitation through downloading technologies, on the internet, and in publications and advertisements. You also hereby irrevocably waive, as against the Applicable Parties, all moral rights and rights of restraint in such Content. The license, consent, and release herein are binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.

Except for Content, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, music and other materials contained on or comprising the Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Sites and Services, and the software comprising and/or embodying the foregoing (collectively, “Our Materials”), are owned, controlled, or licensed by or to us, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Services gives you no ownership rights in Our Materials.

We, or third parties from whom we have permission, own the trademarks and service marks that are used in the Services. All rights are reserved by us and said third parties, and no implied rights are granted to you or any third parties. These and our other graphics, logos, service marks, trademarks, and trade dress, as well as those of our licensors, may not be used without prior written consent of us or our licensor, as the case may be. Without limiting the foregoing, none of our trademarks or trade dress may be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. 

You grant us a perpetual, royalty free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know how, or techniques that you submit about the Services or Our Materials for any purpose (including, without limitation, commercialization) and without compensation to you.

6.  User Content. You represent and warrant that you own or otherwise have the rights, licenses, consents and permissions necessary to provide us the Content you provide in connection with the Services. If you believe that your Content or any other material posted in connection with the Services has been used in a way that constitutes copyright infringement, please notify us following the procedures set forth in this Section.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to our designated Copyright Agent, identified below.

Notices of Alleged Infringement:

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us a notice (“Notice”) complying with the following requirements.

A.  Identify the copyrighted works that you claim have been infringed.

B. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

C.  Provide your mailing address, telephone number, and, if available, email address.

D. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

E.  Provide your full legal name and your electronic or physical signature.

Please deliver this Notice, with all items completed, to our designated Copyright Agent at the following address:

Copyright Agent

c/o Tribute Technology

P.O. Box 620036

Middleton, WI 53562

Phone: 866-303-1880

Email: copyright@tributetech.com

We have adopted and implement a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of us or others. 

7.  Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless us, our affiliates, and each of our/their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services, including, without limitation, involving any Content you post or submit to us or in connection with the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any disputes or issues between you and any third party; or (v) access to, use of, or alleged use of the Services by anyone accessing the Services using your user name and password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. For the avoidance of doubt and without limiting the foregoing, you agree to indemnify us against any claims that Content you submit to us violates the intellectual property and/or privacy rights of any person or third party.

8.  Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, we in our sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting us at websites@tributetech.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

9.  Modification of the Terms. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon updating the posting of these Terms and shall apply to all access to and use of the Services thereafter. For the avoidance of doubt, any modifications to the dispute resolution provisions set out in Section 12 and the forum selection provision set out in Section 13 will not apply to any disputes for which you or we have actual notice on or before the date that a modification to these Terms becomes effective by updating the posting of these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Services following revisions to these Terms will be deemed acceptance of any modifications to the Terms. Your use of the Services will be conditioned upon the terms and conditions in force at the time of your use.

10. Disclaimers of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND THE SERVICES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SITES OR THE SERVICES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATE’S, VENDOR’S, SUPPLIER’S, OR PARTNER’S, AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE RELATED TO THE CLAIM, IF ANY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Dispute Resolution Process. YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

A.  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, INCLUDING ANY PURCHASE OR USE OF OUR SERVICES OR PRODUCTS (a “Dispute”), WILL BE RESOLVED USING THE FOLLOWING ESCALATING DISPUTE RESOLUTION PROCESS THAT CULMINATES IN FINAL AND BINDING ARBITRATION.

(1) Either party may commence this dispute resolution process by providing written notice (a “Dispute Notification”) to the other party (a) describing the Dispute in reasonable detail, including identification of specific laws upon which such Dispute is based, and (b) requesting a meeting with the other party, which may take place in person, or remotely. Each party shall nominate a representative, who shall meet in good faith to attempt to resolve the Dispute within 30 calendar days (or such longer period as may be agreed between the parties) of a party’s receipt of the Dispute Notification.  Any Dispute Notification required to initiate the dispute resolution process hereunder, if sent to us, shall be sent to the following address:

Tribute Technology

P.O. Box 620036

Middleton, WI 53562

        Attention: Legal Department

(2) If and only if the Dispute is not resolved within 30 calendar days (or such longer period as may be agreed between the parties) of the requested meeting between the party representatives taking place, or, the meeting does not take place within 30 calendar days of a party’s receipt of the Dispute Notification due to the receiving party’s failure or delay (and no failure or delay on the part of the party providing the Dispute Notification), then the party who provided the Dispute Notification may refer the Dispute to arbitration in accordance with the provisions of subsection B or C below, as applicable.

B. Following a failure of the procedures set forth in Section 12(A) above to resolve a Dispute, if the location of the business address of the Client, or other business on whose website these Terms appear, is in the United States or anywhere else in the world outside of Canada, arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with either the Consumer Arbitration Rules or the Commercial Arbitration Rules as applicable (the “AAA Rules”) then in effect, except as modified by this Section 12, and the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Section 12; provided, that if the FAA is inapplicable for any reason, the applicable governing law identified in the table in Section 13 shall apply, including with respect to Delaware law, Del. Code tit. 10 § 5701 et seq, without regard to choice of law principles. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)

C.  Following a failure of the procedures set forth in Section 12(A) above to resolve a Dispute, if the location of the business address of the Client, or other business on whose website these Terms appear, is in Canada, arbitration will be administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”) in accordance with the Canadian Arbitration Rules (the “ICDR Canada Arbitration Rules”) then in effect, except as modified by this Section. (The ICDR Canada Arbitration Rules are available at ICDR.org or by calling the ICDR Canada at 1-844-859-0845.)

D. Except as provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

E.  You may elect to pursue your Dispute in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your alleged harm or injury. Written notice under this subsection should be sent to us at the address set forth in Section 12(A)(1) above. The arbitration or small-claims court proceeding will be limited solely to your individual Dispute.

F.  THE PARTIES AGREE TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS AND BOTH PARTIES WAIVE THE RIGHT TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Neither party may bring any claim on behalf of other individuals. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction located in the jurisdiction set forth in Section 13 below.

G. If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event subsection F above is found to be unenforceable, all of this Section 12 shall be deemed null and void and of no effect. 

13. Contracting Entity; Governing Law. All references to “we,” “us” or “our” in the Terms refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website these Terms appear, as posted on such website. Additionally, these Terms are governed by the laws of the state or province identified in the table below, again based on the location of the business address of the Client or other business on whose website these Terms appear, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the courts located in and for the ”Exclusive Jurisdiction” identified in the table below, for the purpose of litigating all such disputes. Any cause of action or claim with respect to the Sites or the Services must be commenced within two (2) years after the action or claim arises or is discovered.