Terms of Service
Last Updated: April 29, 2025
1. ACCEPTANCE OF TERMS
Welcome to Final Spaces LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of finalspaces.com (the "Site") and any related services, features, content, or applications offered by Final Spaces LLC (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
2. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version will be posted on our Site with the effective date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Responsibilities
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any losses or damages arising from your failure to comply with this section.
3.3 Age Requirements
Our Services are available to users of all ages. However, if you are under the age of 18, you may only use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
4. USE OF SERVICES
4.1 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use.
4.2 Restrictions
You agree not to:
- Use the Services in any way that violates any applicable law or regulation
- Use the Services for any purpose that is unlawful or prohibited by these Terms
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
- Collect or harvest any personal information from other users
- Use the Services to send unsolicited communications
- Use the Services in any manner that could disable, overburden, damage, or impair the Services
- Use any automated means or process to access, retrieve, scrape, or index the Services or any content on our Site
- Use the Services for any commercial purpose without our prior written consent
5. USER CONTENT
5.1 Content Submission
Our Services allow you to submit, post, or display content, including but not limited to obituaries, memorials, photographs, and other materials ("User Content"). You retain all rights in your User Content, subject to the licenses granted in these Terms.
5.2 Content License
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed, particularly for the purpose of providing and promoting our Services.
5.3 User Content Representations
You represent and warrant that:
- You own or have the right to use and authorize us to use your User Content as described in these Terms
- Your User Content, and our use of it, does not and will not infringe, violate, or misappropriate any third-party right, including intellectual property rights, publicity rights, or privacy rights
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, or otherwise objectionable
5.4 Content Removal
We reserve the right, but not the obligation, to review, monitor, or remove any User Content, at our sole discretion and at any time and for any reason, without notice to you.
6. DISCLAIMERS AND LIMITATIONS
6.1 No Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 Accuracy Disclaimer
WE DO NOT GUARANTEE OR VERIFY THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES, INCLUDING OBITUARIES, MEMORIALS, OR OTHER USER CONTENT. OUR SERVICES ARE TOOLS TO HELP GUIDE AND SUGGEST, BUT ALL FINAL DECISIONS AND VERIFICATION OF INFORMATION ARE THE RESPONSIBILITY OF THE USER.
6.3 Limitation of Liability
IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
6.4 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
7. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Final Spaces LLC, its 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: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
8. THIRD-PARTY LINKS AND SERVICES
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we 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 or reliance on any such content, goods, or services available on or through any such websites or services.
9. TERMINATION
9.1 Termination by You
You may terminate your account at any time by contacting us or by following the account deletion process provided within our Services.
9.2 Termination by Us
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
9.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of [INSERT STATE], without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, any controversy or claim shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [INSERT CITY, STATE]. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
11. GENERAL PROVISIONS
11.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding our Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
11.2 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
11.4 Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service disruptions.