Our Terms of Service

IMPORTANT.  PLEASE READ CAREFULLY.
 

EFFECTIVE: October 1, 2021
 

YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF FOVEO MEMORIAL SERVICES INC. AND ITS AFFILIATES (“FOVEO”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.


BY CLICKING/CHECKING THE “REGISTER” BUTTON/BOX, ACCESSING THE FOVEO WEBSITE OR BY UTILIZING THE FOVEO SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE FOVEO SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.


Overview

Foveo’s Clients are funeral homes and cemeteries that provide funeral services and services related to memorials, ceremonies and other related events under a subscription agreement. A Client may subscribe to a range of Foveo STREAMING subscription packages, based on their expected use of Foveo services. They may also offer their own clients an added range of Stream Options to personalize requested live streams. Stream Options are provided by Foveo at an added cost to the Client. In addition to these services, Foveo provides customer service (client care) and technical support to its subscribers and all online guests attending a live stream offered by its subscribers. By licensing use of its Funeral Experience Platform™ (FXP), combined with its Simplicity Cam™ Systems and Funeral Videographer Network™, Foveo provides live streaming of funeral and memorial services for its client subscribers (the “Client”) on a non-exclusive basis. 


YOUR USE OF AND ACCESS TO THE FOVEO WEBSITE, FOVEO.STREAM, FOVEO.APP, SIMPLICITY CAMS™, THE FOVEO VIDEOGRAPHER NETWORK, FOVEO CLIENT CARE SERVICES, AND THE FOVEO FUNERAL EXPERIENCE PLATFORM (FXP) AND APPLICATIONS (COLLECTIVELY, THE “SERVICES”) AND THEIR AFFILIATES (“FOVEO”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.


BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE FOVEO WEBSITE OR BY UTILIZING THE FOVEO SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”).


 

Foveo will provide the Services, and you may access and use the Services, in accordance with this Agreement. Foveo may provide any of the Services hereunder through any of its Affiliates. If You access our Services through an online registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Services you are accessing. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. Any reference to the singular includes a reference to the plural and vice versa.
 

System Requirements.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.


 

  1. DEFINITIONS. In this Agreement, “End User” means a Host, Participant (online attendee) or Funeral Services provider who uses the Services. “Events” are funeral ceremonies or services, memorial services, Celebrations of Life, receptions, gatherings, burials, interments, inurnments and all other similar gatherings or events as live streamed by Foveo.
     

  2. SERVICES. Foveo will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Foveo during the term. Foveo may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.

    1. Beta Services. Foveo may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Foveo makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
       

  3. USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
     

    1. Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
       

    2. Your Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Foveo and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Foveo be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Foveo is not responsible for any Content, Foveo may delete any Content, at any time without notice to You, if Foveo becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
       

    3. Recordings. You are responsible for compliance will all recording laws. The host can choose to record events live streamed by Foveo. By using the Services, you are giving Foveo consent to record and store recordings for any or all Foveo events that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the live streamed event.
       

    4. Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Foveo’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Foveo or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Foveo’s security systems. (ix) use the Services in violation of any Foveo policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
       

    5. Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Foveo. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
       

4. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Foveo policies. Foveo assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Foveo at trust@Foveo.us. Foveo may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Foveo be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

 

Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Foveo. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

 

5. FOVEO OBLIGATIONS FOR CONTENT. Foveo will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Foveo will notify You if it becomes aware of unauthorized access to Content. Foveo will not access, view or process Content except (a) as provided for in this Agreement and in Foveo’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Foveo has no other obligations with respect to Content.

 

6. PRIVACY AND OTHER POLICIES. Use of the Services is also subject to Foveo’s Privacy Statement, a link to which can be found at www.Foveo.org/privacy are incorporated into this Agreement by this reference.

7. CONSENT TO COLLECT AND SHARE PERSONAL INFORMATION

Foveo, on behalf of its clients, collects the names and email addresses of the Client’s customers (“Personal Information”) in order to provide a private live stream only for registered online guests and access to guest registration records and recordings subsequent to the live streamed event. Subscribed funeral homes and cemeteries obtain consent from their customers and provide to Foveo an express consent to collect such Personal Information. The Parties hereby agree that Foveo shall collect Personal Information as an agent only for subscribed clients and not for any other party. As an agent, Foveo shall be responsible for the use and storage of Personal Information; however, its Clients protect and indemnify Foveo against any claims brought by their customers in connection with the collection, use and storage of Personal Information.

 

8. ELIGIBILITY. You affirm that you are authorized and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.

 

9. INTENDED USE. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. 

11. PROPRIETARY RIGHTS. Foveo and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Foveo Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Foveo Marks, or other proprietary information (including images, text, page layout, or form) of Foveo without express written consent. You may not use any meta tags or any other “hidden text” utilizing Foveo Marks without Foveo’s express written consent.

 

12. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Foveo may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Foveo.

 

13. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Foveo, its Affiliates, suppliers and any other party authorized by Foveo to resell, distribute, or promote the Services (“Resellers”), and under such circumstances Foveo, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

 

14. NO WARRANTIES.YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND FOVEO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOVEO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. FOVEO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FOVEO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

 

15. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Foveo, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.

 

16. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOVEO OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FOVEO, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FOVEO’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Furthermore:

16.1 Liability for Damages and Cap. Foveo’s total cumulative liability for damages, expenses, costs, liability, claims or losses (collectively, “Damages”)  arising out of or in connection with this Agreement or the provision of Services under this Agreement, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory even if Foveo has been advised of the possibility of those Damages, is limited to direct, actual, provable damages and will in no event exceed an amount equal to the total aggregate amounts paid by the Client to Foveo under this Agreement for the Foveo Services giving rise to the Damages (less all discounts and credits and amounts paid for previous Damages for such Foveo Services, if any, for the specific Foveo Services that gave rise to the Damages), during the three (3) month period before the event giving rise to the Damages. The foregoing limitation of liability shall not apply in respect of the parties’ indemnification obligations set forth.

17. Waiver; Consent. The waiver by either Party of a breach or a default of any provision of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has, or may have, hereunder operate as a waiver of any right, power or privilege by such Party. Any consent or permission granted under this Agreement shall be effective only if given in writing and only in the specific instance and for the specific purpose given. 

17.1 AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States or Canada, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

 

18. Governing Law; Consent to Jurisdiction. The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. The Client hereby consents to the exclusive jurisdiction and venue of the courts in Ottawa, Ontario for the purposes of any action brought by Foveo to enforce or interpret this Agreement.

 

19. Severability. If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such provision shall be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the Parties set forth herein.

 

20. Assignment and Enurement. This Agreement may not be assigned by the Client without the consent of Foveo, which may be withheld in Foveo’s sole discretion. The Agreement shall be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors, legal representatives and permitted assigns of the Parties.

 

21. MISCELANEOUS.

A. Interpretation. 
In this Agreement, unless the context otherwise requires: “person” includes an individual, firm, association, syndicate, partnership, company, corporation, trust, trustee, joint venture, unincorporated association, government agency or body or other organization; headings and subheadings are included for convenience of reference only and shall not affect the construction or interpretation of this Agreement; words importing the singular include the plural and vice versa and words importing one gender include all genders; and all amounts are stated and payable in Canadian currency.

 

B. English Language Clause. The parties hereto have requested that this Agreement and all correspondence and all documentation relating to this Agreement be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.

Schedule A - Binding Arbitration

This Schedule A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.

  1. Disputes. A dispute is any controversy between You and Foveo concerning the Services, any software related to the Services, the price of the Services, Your account, Foveo’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Foveo’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to legal@Foveo.us.

  2. Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Foveo reserves the right to require arbitration.

  3. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration, according to those rules and practices accepted in the Province of Ontario, Canada. Arbitration hearings will take place in the jurisdiction of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. The arbitrator shall rule on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

  4. Arbitration Fees. All parties shall bear responsibility for their own arbitration fees and related costs.  

  5. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.

  6. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.

Our Chief Executive Officer is accountable for our compliance with the Terms of Service and Foveo's Privacy Policy and applicable privacy laws. All comments, questions, concerns or complaints regarding your personal information should be directed in writing to: Chief Executive Officer (Privacy), Foveo Memorial Services Inc., 2 Mission Inn Grove, Ottawa, Ontario, K2R 1C6, Canada, Tel: +1-613-720-7873, email: privacy@foveo.org.