TERMS OF SERVICE/PRIVACY
THE GRIEF TOOLBOX, Inc. (“THE GRIEFTOOL BOX”)
THE GRIEF TOOLBOX Terms of Service (“TOS”) Rev031612
1. Access and acceptance of the present Terms of Service
Welcome to TheGriefToolbox.com, which includes the websites located at GRIEFTOOLBOX.COM, GRIEFTOOLBOX.ORG, THEGRIEFTOOL.COM, THEGRIEFTOOL.ORG, THEGRIEFTOOLBOX.COM
THEGRIEFTOOLBOX.ORG, WALKINGTHROUGHGRIEF.COM, WALKINGTHROUGHGRIEF.NET and
WALKINGTHROUGHGRIEF.ORG. TheGriefToolbox.com currently provides you access to the world's first intelligent portal offering grief management services, products, forums and tubes, as well as leveraging the Internet to unite multiple buyers and suppliers in a virtual collaborative marketplace environment with the intention of assisting in grief management.
As used herein, the term “you” or related, shall refer to the user of this site, be it via a visit without logging in, a visit with a log in as a Subscriber, a moderator, facilitator or administrative user.
NOTE: If you have recently experienced a death or other loss, feelings of grief are part of a normal reaction. The Grief Toolbox provides multiple tools for your own self help. If for any reason you feel your grief needs more than self help, or if you are feeling otherwise overwhelmed, please do not hesitate to seek out and find medical help. Here are some resources to help you find a qualified professional.
Contact:
730 N. Franklin Street, Suite 501 Chicago, IL 60610-7224 800-826-3632 http://www.dbsalliance.org
Colonial Place Three
2107 Wilson Blvd., Suite 300
Arlington, VA 22201-3042
Local: 703-524-7600
Toll-free helpline: 800-950-NAMI (950-6264) http://www.nami.org
Public Information and Communications Branch 6001 Executive Boulevard, Suite 8184, MSC 9663 Bethesda, MD 20892-9663
Local: 301-443-4513
Toll-free: 866-615-6464 http://www.nimh.nih.gov
2001 N. Beauregard Street, 12th Floor Alexandria, VA 22311
Local: 703-684-7722
Toll-free: 800-969-NMHA (969-6642) http://www.nmha.org
It is important for you to note that the Service offered on this Site (both terms are defined in section 2 herein) is provided as an offering for Business to Business and Business to Consumer transactions. You should be aware that The Grief Toolbox disclaims all responsibility or liability relating to unauthorized access of The Grief Toolbox. You may, however, be responsible and liable for any act or any damages or losses of any kind caused, directly or indirectly, to The Grief Toolbox or any other third party by any unauthorized access.
The Grief Toolbox provides this Service to you, subject to the terms and conditions of the TOS, and any amendment made hereto, and any other duly executed written agreements between The Grief Toolbox and you that are explicitly agreed as applicable to your access or use of this Site.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ACCEPTING THE TOS BY CLICKING THE “I AGREE” BUTTON AS PART OF THE SERVICE’S REGISTRATION PROCESS, OR BY ACCESSING ANY PORTION OF THE SITE, OR USING THE SERVICE OR THE SITE OR ANY PORTION THEREOF, OR ALLOWING OTHERS TO DO SO. You warrant and represent to The Grief Toolbox and other users and/or subscribers to this Site that you are sufficiently authorized to (a) accept the TOS on your behalf or on the behalf of your company or any other person or entity on whose behalf you are accessing the Site or are using the Service, and (b) to access the Site or use the Service in the way in which you access the Site or use the Service. Additionally, you acknowledge and agree that The Grief Toolbox and you will accept and use electronic signatures in dealing with one another.
If for any reason (a) you are not sufficiently authorized in accordance with the foregoing or (b) you do not accept the TOS or any portion thereof, please contact The Grief Toolbox immediately; you may not be authorized to use the Service or any other portion of the Site.
You further acknowledge and agree that, in order to maintain flexibility in the Service, The Grief Toolbox may from time to time change the TOS. However, these changes are not retroactive. They apply, as of the day of their availability online or other communication to you, including display of notices or links to notices on this Site, to new orders of or use of the Service and to ongoing transactions, such as licenses and services. Additional or different terms in any order or communication from you are void.
You understand and agree that it is your responsibility to familiarize yourself with any changes to these TOS; The Grief Toolbox assists you in doing so by identifying the date of the last modification to these TOS at the top of this page.
2. Definitions
“Confidential Information” means the proprietary, non-public, confidential and valuable information of a party which the party desires to protect against disclosure or competitive use and which is in written or electronic form, or is disclosed orally or visually, and is identified or marked "confidential" or "proprietary" or with a designation of similar meaning (or if disclosed orally, identified as such at the time of disclosure or within 30 days after such disclosure), or any information which a reasonable person would deem to be non-public information. In addition, Confidential Information also includes all information made available by The Grief Toolbox or any third party licensor through the Site relating to any software embedded in the Site or required to provide you the Service, and any technology or know-how, and other information including Content which by its nature is clearly to be deemed confidential or proprietary information of The Grief Toolbox. In accordance with Section 2.a, User IDs and associated passwords are also Confidential Information.
“Content” shall mean all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly posted or privately transmitted by individuals or entities while Using the Service or collected or generated by The Grief Toolbox from such use in accordance with The Grief Toolbox’s Privacy Policy as included to this TOS.
"Intellectual Property Rights" means U.S. patent rights, trademark rights, copyright rights (including, but not limited to, rights in audiovisual works and moral rights), trade secret rights and any and all other intellectual property rights recognized by the law of the applicable jurisdiction, including all current and future rights and all such rights arising out of The Grief Toolbox providing Services hereunder. It also includes all like or similar rights that may exist in any country other than the United States of America where the Site or Services are used pursuant to this Agreement.
“Service” shall mean the services or any portion thereof available on the Site. Unless explicitly stated otherwise, any new features that augment, enhance, refine, or modify the current Service, including the release of new properties of The Grief Toolbox or its suppliers, shall be subject to the TOS.
“Site” shall mean the collection of files available to you through the http protocol of the internet at the Uniform Resource Locator (URL) http://www.The Grief Toolbox.com, and shall also include GRIEFTOOLBOX.COM, GRIEFTOOLBOX.ORG, THEGRIEFTOOL.COM, THEGRIEFTOOL.ORG, THEGRIEFTOOLBOX.ORG, WALKINGTHROUGHGRIEF.COM, WALKINGTHROUGHGRIEF.NET and WALKINGTHROUGHGRIEF.ORG.. For the purposes of these TOS, this definition of Site includes Content.
“Use” or “Using” means access to the Site and utilization of the Service.
“You" or "your" or like words may refer to the individual or the legal entity reviewing, entering into and agreeing to the terms of this TOS.
3. Your Registration Obligations
In consideration, and in addition to any other related executed or contemplated Agreement, of The Grief Toolbox granting you access to the Site and offering you Use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service's registration form ("Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Grief Toolbox has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Grief Toolbox has the right to suspend or terminate your account and refuse access to the Site and refuse any and all current or future Use of the Service (or any portion thereof).
4. The Grief Toolbox Privacy Policy
Pursuant to The Grief Toolbox's privacy policy, The Grief Toolbox may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the TOS.
5. Member Account, Password, & Security
You will receive a password and account designation upon: (i) agreeing to the terms and conditions of this TOS, (ii) paying the applicable fees if any; and (iii) completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Grief Toolbox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from and log-off your account at the end of each session. You acknowledge and agree that, in view of technical constraints and in view of the negotiated Service fee which represents the agreed and bargained compensation reflecting the allocation of the risks associated with the use of the Service, The Grief Toolbox cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted or generated by The Grief Toolbox from Use of the Service by you and other users and subscribers are the sole responsibility of the person from which such Content originated. This means that you, and not The Grief Toolbox, are entirely responsible for all Content that you upload or otherwise transmit via the Service. The Grief Toolbox does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Grief Toolbox be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
Without limiting the generality of the foregoing, you further agree not to Use the Service or other portion of the Site to:
upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously, or otherwise objectionable;
harm or attempt to harm minors in any way;
impersonate any person or entity, including, but not limited to, a The Grief Toolbox official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software viruses, possum bellies or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
disclose, collect or store personal data about other users.
7. Special Admonitions for International Use
Recognizing the global nature of the World Wide Web (also known as the Internet), you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and applicable laws regarding the transmission or exchange of personal data in the country you reside and any country the transmission or exchange of personal data related to. Therefore, you agree you shall not access, download, use or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violations of any applicable local laws or regulations.
8. Content Submitted to The Grief Toolbox
You agree, by submitting any Content to The Grief Toolbox, that The Grief Toolbox shall own any and all Content submitted by you, including all Intellectual Property Rights related thereto unless specifically agreed upon in a writing signed by You and The Grief Toolbox before such Content is submitted. By submitting any Content you transfer full rights (including but not limited to Copyrights), licenses and titles for and to the Content to The Grief Toolbox for any purpose including but not limited to displaying, selling and distributing such Content as their own. By submitting Content to The Grief Toolbox, you automatically warrant that you are the rightful owner of such Content subject to no claim of right from any other party, and you expressly fully transfer and automatically grant any and all rights you may have in and to the Content to The Grief Toolbox, including but not limited to a royalty-free, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide in or through any medium, including the internet, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that The Grief Toolbox does not pre-screen Content, but that The Grief Toolbox and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, The Grief Toolbox and/or its designees shall have the right to remove any Content that violates the terms or spirit of this TOS or is otherwise deemed objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
9. Indemnity
You agree to indemnify and hold The Grief Toolbox, and its parents, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content uploaded by you or otherwise privately transmitted through or publicly posted at or otherwise generated by you and made available at the Site, your Use of the Service, your access or connection to the Site, your violation of the TOS, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, in whole or in part, in any form or by any means, including electronic or mechanical, photocopying, scanning, page printing, recording, or by any information storage and retrieval system now known or hereafter invented, without written permission by The Grief Toolbox or its licensors, any portion of the Site or Service, the use of the Service, or access to the Service, or sell, resell or otherwise commercially exploit any portion of the Site or Service, the use of the Service, or access to the Service. You specifically agree that, unless agreed in writing between you and The Grief Toolbox, your access to and Use of the Site does not allow you to create any private or public marketplaces or to provide services as an application service provider or to Use the Site or Service in any way which would be competitive to the Site or Service.
11. General Practices Regarding Use and Storage
Unless otherwise agreed in writing between you and The Grief Toolbox, you acknowledge that The Grief Toolbox may establish general practices and limits concerning Use of the Service, the maximum disk space that will be allotted on The Grief Toolbox's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that The Grief Toolbox has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by the Service. You acknowledge that The Grief Toolbox reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Grief Toolbox reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Services
The Grief Toolbox reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Grief Toolbox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Termination
You agree that The Grief Toolbox, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if The Grief Toolbox believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Grief Toolbox may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The Grief Toolbox may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Grief Toolbox shall not be liable to you or any third-party for any termination of your access to the Site or to the Service.
14. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Grief Toolbox has no control over such sites and resources, you acknowledge and agree that The Grief Toolbox is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Grief Toolbox 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 use of or reliance on any such Content, goods or services available on or through any such World Wide Web site or resource.
15. Dealing with other Users of the Services
Your correspondence or business dealings with, or participation in promotions of, other users of the Site found on or through the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other user. You agree that The Grief Toolbox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users on the Service.
16. The Grief Toolbox's Proprietary Rights
You acknowledge and agree that the Site and the Service and the Content contain proprietary and Confidential information of The Grief Toolbox, its licensors, partners and suppliers and other users and subscribers to The Grief Toolbox, The Grief Toolbox or the Site that is protected by intellectual property laws and other applicable laws. You may not, and this TOS does not give you permission to, reproduce, reverse engineer, de-compile, disassemble, modify or create derivative works with respect to the Site or the Service.
You further acknowledge and agree that the software embedded in the Site and Services or otherwise required to provide you with the Service (the Software) is not provided to you as part of the Service and that you may not do, or attempt to do, any or similar or equivalent of the following:
create interoperability between the Software and any external software system
de-compile or reverse engineer the Software
in any other way obtain access to or information which is part of the source code of the Software
modify any portion of the Software or create derivative works of the Software.
download any portion of the Software
use the Software for any other purpose than using the Service and, when doing so, using the Software in a form or manner different than the form and manner defined explicitly by The Grief Toolbox or implicitly by The Grief Toolbox by designing the Service and Site and your form and manner of using Service or Site
license, sublicense, sell, resell or exploit commercially in any other form or manner the Software.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Grief Toolbox or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or otherwise commercially exploit create derivative works based on the Service, in whole or in part.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GRIEF TOOLBOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GRIEF TOOLBOX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GRIEF TOOLBOX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GRIEF TOOLBOX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GRIEF TOOLBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS THE SITE OR USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, IN SUCH A CASE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, credit, creditworthiness, stock quotes, investments or securities, the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The Grief Toolbox shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment or other financial decisions made based on such information.
21. Notice
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. Publicity
You grant to The Grief Toolbox, Inc. the right to issue press releases listing you as a customer of the services and to display your logo on The Grief Toolbox's customer list and websites.
23. Ownership of Software embedded in Site
You may not, and this TOS does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or attempt to ascertain the source code to any software used in or on the Site or to create derivative works with respect to the The Grief Toolbox Web Site.
24. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site or Service, or your ordering of, bidding on or purchase of products and services, if applicable, and posting and retrieval of information (including without limitation those governing antitrust, unfair competition, false advertising, tax and export control). You are responsible for paying all applicable fees and taxes you incur in connection with access of our servers. You acknowledge that The Grief Toolbox has an express policy of complying with the antitrust laws and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. TO FURTHER THAT END, YOU REPRESENT AND WARRANT TO THE GRIEF TOOLBOX THAT YOU DO NOT INTEND TO USE THE SITE TO VIOLATE THE ANTITRUST LAWS AND WILL NOT KNOWINGLY ACT AS A CONDUIT OR INTERMEDIARY FOR PRICE-FIXING OR ANY OTHER ANTI-COMPETITIVE AGREEMENT AMONG COMPETITORS.
25. General Information
The TOS constitute the entire agreement between you and The Grief Toolbox unless an expressed written agreement has been executed between you and The Grief Toolbox in which case the executed agreement between you and The Grief Toolbox would apply to the extent there is a conflict between the TOS and said agreement. This Site is operated by The Grief Toolbox from their offices in New Hampshire, United States of America. All matters relating to the present TOS, your access to , or use of, the Site or the Service shall be governed by U.S. Federal Law or the laws of the Commonwealth of Pennsylvania (excluding its provisions relating to conflicts of laws and excluding the United Nations Convention on the International Sale of Goods) . Any legal action or proceeding relating to the TOS, your access to, or use of, the Site or the Service shall be settled by arbitration. The arbitration will take place in Pennsylvania. The arbitration award will be final and binding on both parties and both parties shall act accordingly. The arbitration fee shall be borne by the losing party. The failure of The Grief Toolbox to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Use of the The Grief Toolbox website or e-mail system for solicitation purposes is prohibited. Any violation will be considered a trespass. If any unauthorized party attempts to send unsolicited messages to The Grief Toolbox email addresses, The Grief Toolbox will take appropriate action.
