EFAREWELL TERMS OF USE

Updated as of May 9, 2009 

1. YOUR ACCEPTANCE

   By using and/or visiting this eFarewell Website (collectively, including all content and functionality available through the eFarewell.com domain name, the "eFarewell Website", or "Website", you agree to these Terms of Use as a binding legal agreement between you and eFarewell, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, enters, accesses, browses or submits any content or Material to this Website. If you do not agree to any of these terms, then you may not use this Website.
   
   
   1. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this Website and receipt or use of data, content, products, services, Material and information available at or through this Website, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.
       
   2. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. eFarewell reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to this Website shall be subject to the then-current Terms of Use, and continued use of the Website now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
       
   3. You understand and acknowledge that when using the eFarewell Website, you will be exposed to User Submissions from a variety of sources, and that eFarewell is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eFarewell with respect thereto, and agree to indemnify and hold eFarewell, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
       

2. EFAREWELL WEBSITE

   These Terms of Use apply to all users of the eFarewell Website, including users who are also contributors of video content, information, and other Materials or services on the Website. The eFarewell Website includes all aspects of eFarewell, including but not limited to all products, software and services offered via the Website.
   
   
   1. The eFarewell Website may contain links to third party Websites that are not owned or controlled by eFarewell. eFarewell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party Website pages. In addition, eFarewell will not and cannot censor or edit the content of any third-party Website. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party Website pages do not constitute or imply an endorsement by eFarewell. By using this Website, you expressly relieve eFarewell from any and all liability arising from your use of any third-party Website.
       
   2. Accordingly, we encourage you to be aware when you leave the eFarewell Website and to read the terms and conditions and privacy policy of each other Website that you visit.
       
    

3. TERMINATION AND MODIFICATIONS TO THE WEBSITE

   eFarewell reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Website and/or services offered on or through the Website (or any part thereof), including but not limited to, the Website’s features, look and feel, and functional elements and services provided by eFarewell.
    

4. ACCOUNT, PASSWORD, SECURITY

   1. In order to access some features of the eFarewell Website, you will have to register and/or create an eFarewell Account. You may never use another's account without permission. When creating your account, you must (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete at all times.
       
   2. If you provide any information that is untrue, inaccurate, not current or incomplete, or eFarewell has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eFarewell has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
       
   3. You are solely responsible for the activity that occurs on your account, and to maintain the confidentiality and security of your account and password. You must notify eFarewell immediately of any breach of security or unauthorized use of your account.
       
   4. Although eFarewell will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eFarewell or others due to such unauthorized use.
       

5. GENERAL USE, PERMISSIONS AND RESTRICTIONS

   eFarewell hereby grants you permission (which may be revoked at any time, for any reason, or no reason) to access and use the Website as set forth in these Terms of Use, provided that:
   
   
   1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without eFarewell's prior written authorization.
       
   2. You agree not to alter or modify any part of the Website, or any of its related technologies.
       
   3. You agree not to access User Submissions (defined below) or eFarewell Content through any technology or means other than the viewing options provided within the Website, public pages of a users profile, video playback pages of the Website itself, or other explicitly authorized means eFarewell may designate.
       
   4. You agree not to use the Website for any commercial use, without the prior written authorization of eFarewell. Prohibited commercial uses include any of the following actions taken without eFarewell 's express approval:
      
      
      1. Sale of access to the Website or its related services on another Website;
      2. use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
      3. the sale of advertising, on the eFarewell Website or any third-party Website, targeted to the content of specific User Submissions or eFarewell content;
      4. and any use of the Website or its related services that eFarewell finds, in its sole discretion, to use eFarewell's resources or User Submissions with the effect of competing with or displacing the market for eFarewell, eFarewell content, or its User Submissions.
          
   5. Prohibited commercial uses do not include:
      
      
      1. uploading an original video to eFarewell to promote your business or artistic enterprise;
      2. using the Video Player to show eFarewell videos on an ad-enabled blog or Website, provided the primary purpose of using the Video Player is not to gain advertising revenue or compete with eFarewell;
      3. any use that eFarewell expressly authorizes in writing.
          
   6. If you use the eFarewell Video Player on your Website, you must include a prominent link back to the eFarewell Website on the pages containing the Video Player and you may not modify, build upon, or block any portion of the Video Player in any way.
       
   7. If you use the eFarewell Uploader, you agree that it may automatically download and install updates from time to time from eFarewell. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit eFarewell to deliver these to you) as part of your use of the Uploader.
       
   8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the eFarewell servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, eFarewell grants the operators of public search engines permission to use spiders to copy Materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials. eFarewell reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any Personally Identifiable Information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
       
   9. Except as specifically authorized by eFarewell, you may not deep-link to this Website for any purpose or access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, content, or Material on this Website. eFarewell reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Website or any content contained therein, whether in whole or in part.
       
   10. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.
        
   11. eFarewell permits you to display on your personal Website, or create a hyperlink on your personal Website to, your eFarewell profile or eFarewell’s Homepage so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of eFarewell’s Website so long as the link does not portray eFarewell, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
        

6. YOUR USE OF CONTENT ON THE WEBSITE

   In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the eFarewell Website.
   
   
   1. The content on the eFarewell Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to eFarewell, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. eFarewell reserves all rights not expressly granted in and to the Website and the Content.
       
   2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the eFarewell Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by eFarewell on the eFarewell Website for that User Submission.
       
   3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the eFarewell Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the eFarewell Website or otherwise as prohibited under this Agreement.
       
   4. You may access eFarewell Content, User Submissions and other content only as permitted under this Agreement. eFarewell reserves all rights, not expressly granted in, and, to the eFarewell Content and the eFarewell Website.
       
   5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
       
   6. You agree not to circumvent, disable or otherwise interfere with security-related features of the eFarewell Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the eFarewell Website or the Content therein.
       
   7. You agree not to deep-link to this Website for any purpose or access this Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Website or any information, Content, or Material on this Website. eFarewell reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Website or any Content contained therein, whether in whole or in part
       
   8. As stated above, you understand that when using the eFarewell Website, you will be exposed to User Submissions from a variety of sources, and that eFarewell is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eFarewell with respect thereto, and agree to indemnify and hold eFarewell, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
       
   9. Please choose carefully the information you post on or through eFarewell services and that you provide to other Users. Your eFarewell profile may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, Materials, products or services provided by other eFarewell Users (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and eFarewell assumes no responsibility or liability for this Material. If you become aware of misuse of the eFarewell Services by any person, please click on the "Contact” link at the bottom of the eFarewell Website pages.
       

7. YOUR USER SUBMISSIONS AND CONDUCT

   Some of the services offered by eFarewell on this Website allow you and others to post, upload, transmit, display, distribute, or otherwise submit Material to the Website, including without limitations, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material"). You acknowledge and agree that eFarewell does not control the Material Submitted or Content, and disclaims any responsibility for such Material. eFarewell specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Material. eFarewell reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Material that eFarewell believes, in its absolute and sole discretion, may violate the Submission guidelines.
   
   
   1. You agree that your use of this Website and/or services on this Website is subject to all applicable local, state, national and international laws and regulations.
       
   2. As an eFarewell account holder you may submit video content, audio content and textual content. User Videos, Audio and Textual Content are collectively referred to as "User Submissions". You understand that whether or not such User Submissions are published, eFarewell does not guarantee any confidentiality with respect to any User Submissions. If a User Submission is deemed “Public” by the User, then any and all Content contained therein is not confidential and can and will be viewed by other Users, and, if the User submission is deemed “Private” by the User, then any and all content contained therein may, at some point, be viewed by other Users, and, is therefore, not guaranteed to be confidential.
       
   3. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize eFarewell to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
       
   4. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to eFarewell, you hereby grant eFarewell a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, modify, display, distribute, prepare derivative works of, archive, store and perform the User Submissions in connection with the eFarewell Website and eFarewell's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the eFarewell Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the eFarewell Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your User Submission Content from the eFarewell Website. You understand and agree, however, that eFarewell may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
       
   5. Upon a User’s death, the User hereby grants eFarewell the right to remove the User Submission at their discretion, for any reason, or for no reason at all. Upon User death User also grants eFarewell the right to keep the User’s account active, including the User’s profile and all User Submitted Material, under a special memorialized status for a period of time determined by eFarewell to allow other Users to pay tribute to the deceased User. eFarewell will generally, but is not obligated to, keep the User’s account active after the User has deceased.
       
   6. Upon the User’s death, the User Submission, intellectual property or digital property, remains the property of the User, and, therefore, any and all ownership rights of User Submitted Material shall pass in accordance with the Users Last Will and Testament, or, if the User does not have a Last Will and Testament, or did not specifically address intellectual or digital property in a Last Will and Testament, the User Submission shall be distributed in accordance of the state’s laws of intestacy of the User. Because eFarewell does not claim ownership of the User’s account, including the User’s profile and all User submission, eFarewell will continue to keep the User’s profile and all User Submitted Material active (in accordance with section “E” above), until such time when eFarewell has been notified by the rightful heir(s) or executor of the User’s intellectual or digital property, in this case, the eFarewell User Submission Material, and will act in accordance of the demands of the heir(s) or executor, including removal of the User Submission or to keeping the User Submission open or active until otherwise notified.
       
   7. You also grant eFarewell and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant eFarewell the right to use the Material and any comments, suggestions, feedback, facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this Website and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. eFarewell does not claim ownership of Material you Submit to the Website.
       
   8. In connection with User Submissions, you further agree that you will not submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Material and to grant eFarewell all of the license rights granted herein.
       
   9. You further agree that you will not, in connection with User Submissions, submit Material that is contrary to applicable local, state, national, and international laws and regulations.
       
   10. eFarewell does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eFarewell expressly disclaims any and all liability in connection with User Submissions. eFarewell does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and eFarewell will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. eFarewell reserves the right to remove Content and User Submissions without prior notice.
        
   11. You agree to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through eFarewell or any service provided by eFarewell from the US or the country in which you reside.
        
   12. You agree not to host, submit Content to or use the Website or its services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (Minor).
        
   13. You agree not to use the Website for illegal purposes.
        
   14. You agree not to use the Website to engage in commercial activities.
        
   15. You agree to not copy any content, including death notices, for republication in any publication, whether in print or online.
        
   16. You agree not to create or maintain an eFarewell profile or message for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the eFarewell Website.
        
   17. You agree not to attempt to gain unauthorized access to other computer systems from or through the Website.
        
   18. You agree not to interfere with another person’s use and enjoyment of the Website or another entity’s use an enjoyment of the Website.
        
   19. You agree not to use the Website for chain letters, junk mail, spamming, or use of distribution lists.
        
   20. You agree not to upload or transmit viruses or other harmful, disruptive or destructive files.
        
   21. You agree not to disrupt, interfere with, or otherwise harm or violate the security of this Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Website.
        

8. PROHIBITED MATERIAL

   You agree not to submit Material, or otherwise make available Content that:
   
   
   1. contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
       
   2. is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
       
   3. unfairly interferes with any third party's uninterrupted use and enjoyment of this Website;
       
   4. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
       
   5. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
       
   6. constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
       
   7. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
       
   8. discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor.
       

9. CANCELLATION, TERMINATION, AND TRANSFER

   1. You may cancel or terminate your password, account and/or use of any service provided on or through this Website, with or without cause at any time, upon providing written notice to eFarewell. If you cancel or terminate your account or any services, your cancellation or termination will take effect immediately. Upon termination, your right to use your account or service immediately ceases. Your notice to eFarewell of cancellation or termination must be sent via email or conventional mail to eFarewell at 159 Stony Hill Rd, Wilbraham, MA 01095 as set forth in these Terms of Use.
       
   2. You are not permitted to sell or otherwise transfer your profile.
       
   3. eFarewell in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, cancel, transfer, or terminate your password, account, any Material within an account and/or use of any services provided on or through this Website for any reason whatsoever including and without limitation, due to lack of use, commercial use, cyber squatting, eFarewell’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or eFarewell’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. In the event of a dispute or conflict among, or complaint from, users of the Website about another’s right to establish, use, or maintain an account or service on the Website, eFarewell reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
       
   4. eFarewell will terminate a User's access to its account if, under appropriate circumstances, they are determined to be a repeat infringer.
       
   5. eFarewell reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory Material, or excessive length. eFarewell may remove such User Submissions and/or terminate a User's access for uploading such Material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
       
   6. Upon cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Website, you will have no right to any Material or Content you Submitted, and eFarewell may temporarily or Content contained therein. eFarewell accepts no liability for removed or deleted Material or Content. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Content you submit, and/or use of any service on the Website, will be terminated at eFarewell’s discretion. You agree that eFarewell shall not be liable to you or any third-party for any termination of your access to any service.
       
   7. Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Website (for whatever reason), there shall be no refund of money you paid to eFarewell.
       

10. PERMANENCE OF PUBLIC MATERIAL

    Subject to its suspension, cancellation, and/or termination rights and rights to remove Material, eFarewell represents that any and all User Submissions, whether it be deemed “Public” or “Private” by the User will remain on this Website for the duration of eFarewell’s existence, unless: (a) this Website ceases to exist in whole or in part during the relevant period; (b) acts or events beyond the reasonable control of eFarewell cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Website; or (c) eFarewell, at its sole discretion, decides to delete Material, for any reason whatsoever. You may at any time ask eFarewell to delete without charge any Material that you have submitted.
     

11. DIGITAL MILLENNIUM COPYRIGHT ACT

    We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the eFarwell Website or service any Materials that violate another party's intellectual property rights.
    
    
    1. If you are a copyright owner or an agent thereof and believe in good faith that any User Submission or other Content infringes upon your copyrights, you may submit a notice requesting that the Website Content or Material be removed, or access to it blocked pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
       
       
       1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
           
       2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
           
       3. Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the Material;
           
       4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
           
       5. A statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
           
       6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

eFarewell's designated Copyright Agent to receive notifications of claimed infringement is: Attorney Torran Bagamary, P.O. Box 502, Wilbraham, MA 01095, email: torran@eFarewell.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to eFarewell customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

   2. Your physical or electronic signature;

   3. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

   4. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

   5. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Springfield, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
       

      If a counter-notice is received by the Copyright Agent, eFarewell may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at eFarewell 's sole discretion.
       

12. PRIVACY

    Use of the eFarewell Website is also governed by our Privacy Policy, which is incorporated into this Terms and Use Agreement by this reference. By using the Website or the Service, you are consenting to have your personal data collected, transferred to and processed in the United States.
    
    You further acknowledge and agree that eFarewell may, in its sole discretion, preserve or disclose your submitted Material, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Material violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of eFarewell, its users or the general public.
     

13. WARRANTY DISCLAIMER

    You agree that your use of the eFarewell Website shall be at your sole risk. To the fullest extent permitted by law, eFarewell its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. eFarewell makes no warranties or representations about the accuracy or completeness of this Website’s Content or the content of any Websites linked to this Website and assumes no liability or responsibility for (1) errors, mistakes, or inaccuracies of Content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the eFarwell Website, (3) any unauthorized access to or use of eFarewell secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from eFarewell, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through eFarewell by any third party, and/or (6) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the eFarewell Website. eFarewell does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the eFarewell Website or any hyperlinked Website or featured in any banner or other advertising, and eFarewell will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
     

14.  LIMITATION OF LIABILITY

    In no event shall eFarewell, its officers, directors, employers, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of Content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our Website, (5) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (6) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via eFarewell Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    
    
    1. You specifically acknowledge that eFarewell shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
        
    2. You specifically acknowledge that eFarewell shall not be liable for User Submissions that may result in personal injury, or mental or emotional distress, and that the risk of harm or damage from the foregoing rests entirely with you.
        
    3. You specifically acknowledge that eFarewell shall not be liable for User Submissions resulting in cyber bullying or harassing conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
        
    4. You specifically acknowledge that eFarewell shall not be liable for User Submissions that may be in violation of a non-disclosure agreement or contract and that the risk of harm or damage (specifically, the claim of tortuous interference) from the foregoing rests entirely with you.

The Website is controlled and offered by eFarewell from its facilities in the United States of America. eFarewell makes no representations that the eFarewell Website is appropriate or available for use in other locations. Those who access or use the eFarewell Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
These limitations shall apply notwithstanding any failure of essential purposes of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall eFarewell’s total liability to you for all damages, lossed and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (A) the amount paid to eFarewell, if any, or (B) $100 (whichever is less). You and eFarewell agree that the warranty disclaimers and limitations of liability in these terms of use are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and eFarewell agree that the warranty disclaimer and limitations of liability in these terms of use are fair and reasonable. 

15. INDEMNITY

    You agree to defend, indemnify and hold harmless eFarewell, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the eFarewell Website; (2) your violation of any term of these Terms of Use; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the eFarewell Website.
     

16. MINORS AND ABILITY TO ACCEPT TERMS OF USE

    1. The consent of a parent, guardian or educational supervisor shall be required before a Minor (age 13 or younger) can use the Website. Use of any part of the eFarewell Website is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Website. A parent, guardian or educational supervisor will be responsible for any activities of a Minor on the Website regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Website.
        
    2. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the eFarewell Website is not intended for children under 13.
        
    3. Pursuant to 47 U.S.C. Section 230 et seq, as amended, eFarewell hereby notifies you that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting material that is harmful to Minors. Information identifying current providers of such protections is available at  http://kids.getnetwise.org/americalinksup/index2.html 

17. ASSIGNMENT

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eFarewell without restriction. 
     

18. TRADEMARK

    eFarewell.com® and eFarewell® are registered trademarks of eFarewell. Such trademarks and other marks, logos, and names of eFarewell, used on or in connection with this Website may not be used in connection with any product or service that is not under eFarewell’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits eFarewell. All other trademarks not owned by eFarewell or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eFarewell or its affiliates. 
     

19.  JURISDICTION, APPLICABLE LAW AND LIMITATIONS

    You agree that: (1) the eFarewell Website shall be deemed solely based in Massachusetts; and (2) the eFarewell Website shall be deemed a passive Website that does not give rise to personal jurisdiction over eFarewell, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and eFarewell that arises in whole or in part from your use of the eFarewell Website shall be decided exclusively by a court of competent jurisdiction located in Hampden County, Massachusetts. These Terms of Use, together with the Privacy Policy and any other legal notices published by eFarewell on the Website, shall constitute the entire agreement between you and eFarewell concerning the eFarewell Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and eFarewell's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. eFarewell reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the eFarewell Website following any amendment of these Terms of Use will signify your consent to and acceptance of its revised terms.
    
    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. YOU AND EFAREWELL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EFAREWELL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement. These Terms of Use, which hereby incorporate by reference the terms of eFarewell’s Privacy Policy, constitute the entire agreement between you and eFarewell, superseding all prior agreements regarding this Website.

No Waiver. The failure of eFarewell to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

If you are dissatisfied with the eFarewell Website or do not agree to any provisions of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

For purposes of providing notice of cancellation or termination, contact eFarewell at Contact Us or eFarewell 159 Stony Hill Rd, Wilbraham, MA 01095.