Legal

EXPLANATION

 

Welcome to GoneNotGone (the “Company” or “GoneNotGone”), a website and messaging service which allows you to create and schedule email messages to surviving family members and friends after your death. GoneNotGone will send your messages to recipients at times you designate, to commemorate birthdays, anniversaries, or other special events. Your messages will be sent by email and may also include images, audio or video recordings, which your recipients can access only through our secure website.

By creating a GoneNotGone account and using the GoneNotGone website, the GoneNotGone service, (together, the "Service"), however accessed, you agree to be bound by this service agreement (this “Agreement” or "Service Agreement").

This Service Agreement affects your legal rights and obligations. In order to create a GoneNotGone account and make use of the Service, you must read this Agreement in its entirety before clicking ‘Accept’ below.

In order to Accept the terms of this Agreement, you must be 13 years or older. If you are under 13 years old, you must have your parent or legal guardian read and accept these terms on your behalf, if they permit you to use the Service.

You are also bound by the GoneNotGone Terms of Use and Privacy Policy, which are incorporated by reference into this Agreement and available in the Service. Before creating an account, you agree that you have read the Terms of Use and Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, including the GoneNotGone Terms of Use and Privacy Policy, do not create and account or use the Service.

Please contact us with any questions regarding this Agreement.


DEFINITIONS

“You” or “your” means you, your legal representative or guardian, your successors, heirs and assigns, and your estate.

The GoneNotGone “Service” is defined in this Agreement and in the Terms of Use and Privacy Policy.

“Author” means anyone who creates a GoneNotGone account to send messages to recipients.

“Recipient” is anyone whom an Author designates to receive their messages.

“User” means anyone who uses the Service, including both Authors and Recipients.

“Messages” means emails and any associated content uploaded and scheduled by Authors to be sent to Recipients by GoneNotGone, after the Author’s death.

“Decedent” means anyone who has been declared dead. 

A. Terms

Term of Agreement. The Term of this Agreement will begin on the day your account is created (see the “Effective Date” above) and will extend automatically by continued use of the Service. The Term will not expire on your death but will continue as long as you, or your designated recipient use the Service (the “Term”).

You may terminate your account at any time, for any reason. We may also terminate or suspend your account, with or without cause. Please see Terms of Use for our complete account termination and suspension policy.

If your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Terms of Use Sections C. Limitation of Liability and F. Application of Terms.

Cost of Service. We offer Messages at a price per Recipient, per event with enhanced content available for an additional fee. Please see “ Pricing and Plans” for a full list of prices. All Message Plans must be prepaid and additional payment will be required to purchase additional Plans. We will collect your payment information through a secure site, following your acceptance of this Agreement.

Contact Information. You agree to provide GoneNotGone with a working email address, and other true and accurate contact information for your Recipients. You are responsible for updating and maintaining contact information for both you and your Recipient(s) until your death. You can schedule reminders to update Recipients contact information. For example, you can schedule a yearly email reminder to confirm your Recipients email so that your Messages are not sent to your son’s discarded college email address, ten years after your account is created.

Non-Recipients. You also understand that you are solely responsible for any disclaimers necessary to restrict your Messages to your Recipient only. For example, if you send a video Message to your wife, who may watch with your children or her friends, you can write ‘For Your Eyes Only’ or another disclaimer in the email Message before she opens your enhanced content through our website.

Triggers. You are responsible for selecting and maintaining one of our Triggers which prompts the Service to begin to send your Messages. Triggers include a date certain (December 25, 2096), failure to respond to verification emails, and formal notice through your estate executor. GoneNotGone reserves the right to require formal notice from a Probate Court to confirm identity and authority of executor to access the account. Triggers can be accessed and modified through the My Profile page in the Service. You agree that GoneNotGone is not responsible for any damages caused by an accidental Trigger, or other unintended release of your Messages.

Your Content. As an Author, you are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, and other content or materials (collectively, "Content") that you upload, send, or display using the Service. You may not upload, send, or display violent, discriminatory, unlawful, infringing, hateful, pornographic or vulgar photos or other content.

No Website Links. You must not use hyperlinks, domain names or web URLs in your Messages. These hyperlinks will be removed from your Message and the Message may not be transmitted and may be deleted at the sole discretion of GoneNotGone. This is for you and your Recipient’s safety and security. There are no exceptions.

B. Prohibited Activity

Prohibited Uses. You must not use the Service to defame, stalk, bully, abuse, harass, threaten, impersonate, intimidate, or blackmail people or entities.

YOU ARE SOLELY RESPONSIBLE FOR YOUR MESSAGES AND RECIEPIENT INFORMATION PROVIDED WHILE USING THE SERVICE. GONENOTGONE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

No Professional Advice. Any advice that you may send through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. GoneNotGone makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you wish to give professional or medical advice, you should do so directly with recipient, not through this Service.

No Commercial Use. The Service is for personal use only. You must not create or submit unwanted email, messages, or other forms of   commercial or harassing communications (a/k/a "spam") to any GoneNotGone users. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with GoneNotGone’s express consent (such as for promoted profiles or other advertisements), which GoneNotGone may provide or deny in its sole discretion. GoneNotGone may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

No Illegal Activity . You must not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined above), including but not limited to, copyright laws.

No Intellectual Property Infringement . You may not upload, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send the following information to [email]: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable GoneNotGone to find the alleged infringing material, such as a url or User account); your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GoneNotGone will terminate the accounts of any infringers.

Enforcement. We have the right, but not the obligation, to review all Messages and Content uploaded or sent through the Service for prohibited uses or other violations of this Agreement. If you are using the Service for any of the prohibited uses which may constitute illegal activity, we may immediately suspend or terminate your account and provide the information to the appropriate law enforcement agency. 

Protect Your Identity and Financial Information. You should not send or receive private or confidential information through the Service, including, without limitation, your or any other person's credit card or bank account information or any other financial information. You should not use this service to wire or otherwise send or receive money. Private and confidential information from you or any other person which could be used to steal your identity, such as social security or alternate national identity numbers, driver's license numbers, profiles, accounts, login information, usernames, passwords, pin numbers, or other non-public or sensitive information should not be stored or sent through the Service. You should not use the Service to transfer ownership or provide access to any property, whether intellectual or real property, except to send personal Messages to Recipients as provided by GoneNotGone.

C. Limitation of Liability

Disclaimers. You acknowledge and agree that neither GoneNotGone nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content sent through the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GONENOTGONE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GONENOTGONE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL GONENOTGONE, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GONENOTGONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GONENOTGONE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GONENOTGONE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. 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 TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity by You. You agree to indemnify and hold GoneNotGone, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you upload or transmit through the Service, and the violation of any law or regulation by you. You agree that a failure to strictly comply with Section C. Prohibited Uses, regardless of your knowledge or intent, will constitute a breach of this Agreement for which you agree to be held strictly liable and indemnify GoneNotGone according to this Section. GoneNotGone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoneNotGone in connection therewith.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GONENOTGONE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GoneNotGone may be commenced only in the federal or state courts located in Montgomery County, Texas, and you irrevocably consent to the jurisdiction of those courts. This Agreement, and any dispute between you and GoneNotGone, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with GoneNotGone must be filed within one year after such claim arose; otherwise, your claim is permanently barred. In the event a claim is brought by a third party for which you are required to indemnify GoneNotGone according to this Agreement, and this time limitation on claims is deemed inapplicable to the claimant, your duty to indemnify GoneNotGone will extend to cover all claims for which require indemnity by you.

D. Application of Terms

Notice. GoneNotGone may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Entire Agreement; Other. This Agreement, with the Privacy Policy, Service Agreement and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and GoneNotGone regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Violation. Violation of this Agreement may, in GoneNotGone's sole discretion, result in termination of your GoneNotGone account. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of this Agreement or any other GoneNotGone terms. If you violate the letter or spirit of this Agreement or otherwise create risk or possible legal exposure for GoneNotGone, we can stop providing all or part of the Service to you.

Non-waiver. The failure of GoneNotGone to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or a waiver of any subsequent enforcement.

No Agency. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind GoneNotGone in any manner.

Severability. If any part of this Agreement is held unenforceable, the rest of this Agreement will nevertheless remain in full force and effect.

Attorney’s Fees and Costs. In any action to enforce or defend this Agreement, GoneNotGone shall be entitled to an award of its reasonable attorneys' fees and costs if GoneNotGone is the prevailing party. 

Special State Terms. The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You, the User, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the date you created your account, excluding Sundays and holidays. To cancel this agreement, please email us at customerservice [at]gonenotgone.com.

Welcome to GoneNotGone (the “Company” or “GoneNotGone”). By creating a GoneNotGone account, accessing or using the GoneNotGone website, the GoneNotGone service, or any applications (including mobile applications) made available by GoneNotGone (together, the "Service"), however accessed, you agree to be bound by these terms of use (this “Agreement” or "Terms of Use"). These Terms of Use affect your legal rights and obligations. If you wish to create a GoneNotGone account and make use of the Service, please read this Agreement.

You should also read the GoneNotGone Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, including the GoneNotGone Privacy Policy, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GONENOTGONE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Please contact us with any questions regarding this Agreement.

DEFINITIONS

“ You” or “your” means you, your legal representative or guardian, your successors, heirs and assigns, and your estate.

The GoneNotGone “Service” is defined in this Agreement and in the Terms of Use and Privacy Policy.

“ Author” means anyone who creates a GoneNotGone account to send messages to recipients.

“ Recipient” is anyone whom an Author designates to receive their messages.

“ User” means anyone who uses the Service, including both Authors and Recipients.

“ Messages” means emails and any associated content uploaded and scheduled by Authors to be sent to Recipients by GoneNotGone, after the Author’s death.

“ Decedent” means anyone who has been declared dead.

The Terms of Use below govern your relationship with GoneNotGone and any information you provide on our website https:// www.gonenotgone.com (the “Site”). Our Terms of Use includes the following sections:

A. General Terms
B. Prohibited Activity
C. Intellectual Property
D. Third Parties
E. Limitation of Liability
F. Application of Terms


A. General Terms

Term of Agreement . This Agreement will remain in full force and effect while you use the Service and/or have a GoneNotGone account.

You may terminate your account at any time, for any reason, by following the instructions in “ My Account ” page in the Service.

GoneNotGone may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, in its sole discretion. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

Upon such termination or suspension, you will not be entitled to any refund of services purchased for yourself or another User, except in the limited circumstances described below.

If GoneNotGone terminates this Agreement without cause, we will give you one hundred and eighty (180) days notice so that you can review and completely transfer or otherwise preserve your Content before your account is closed. In this case, only living Authors will be entitled to a refund. If the Author is deceased, Recipients may still transfer Content to another platform to be accessed at any time, so you will not be entitled to a refund.

If your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Sections E. Limitation of Liability and F. Application of Terms.

Age . You must be at least 13 years old or have written permission from a parent or legal guardian to use the Service.

Contact Information. You agree to provide GoneNotGone with a working email address, and other true and accurate contact information. You are responsible for updating and maintaining your contact information.

Content . Authors understand and agree that they are solely responsible for their conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that they upload, send, or display using the Service. Authors agree not to upload or send violent, discriminatory, unlawful, infringing, hateful, pornographic or vulgar photos or other Content through the Service.

No Website Links. Authors also agree to use hyperlinks, domain names or web URLs in Messages. These hyperlinks will be removed from the Message and the Message may not be transmitted and may be deleted at the sole discretion of GoneNotGone. This is for Users safety and security. There are no exceptions.

Recipients understand and agree that GoneNotGone cannot and will not be responsible for the Content uploaded or sent by Authors through the Service and you use the Service at your own risk.

No Assignment . You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, receivers, content, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, GoneNotGone prohibits the creation of and you agree that you will not create an account for anyone other than yourself (or for Authors, for your Recipient(s)). You also represent that all information you provide or provided to GoneNotGone upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that you will not solicit, collect or use the login credentials of other GoneNotGone Users.

Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process by keeping this information secret and secure. You are solely responsible for all activities that occur under your username and password. You agree to immediately notify GoneNotGone of any disclosure or unauthorized use of your username or password or any other breach of security at customerservice @gonenotgone.com and ensure that you log out from your account at the end of each session.

 

B. Prohibited Activity

Audience. We understand that in some cases, family, friends, or people other than the Recipient may view Messages. This Agreement will also apply to these non-Recipients. Users are solely responsible to make non-Recipients, if any, aware of this Agreement before they access your Content or Messages through the Service. You agree to indemnify, defend and hold harmless, GoneNotGone for any claims or damages resulting from non-Recipient access to your Content or Messages.

Prohibited Uses. The Service may not be used to defame, stalk, bully, abuse, harass, threaten, impersonate, intimidate, or blackmail people or entities.

YOU ARE SOLELY RESPONSIBLE FOR YOUR MESSAGES AND RECIPIENT INFORMATION PROVIDED WHILE USING THE SERVICE. GONENOTGONE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

GoneNotGone is not responsible for the conduct or Content of any User. As noted in and without limiting Section E. Limitation of Liability below, in no event shall GoneNotGone, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from information disclosed through this Service, or interactions with persons introduced through the Service. You agree to take all necessary precautions in all actions taken based on information disclosed through this service. In addition, you agree to review and follow GoneNotGone's FAQ Page located in the Service, prior to using the Service. You understand that GoneNotGone makes no guarantees, either express or implied, regarding the information provided through the Service.

Protect Your Financial Information. You should not send or receive private or confidential information through the Service, including, without limitation, your or any other person's credit card or bank account information, social security or alternate national identity numbers, or other non-public or sensitive information. You should not use this service to wire or otherwise send or receive money. Private and confidential information from you or any other person which could be used to steal your identity, such as social security or alternate national identity numbers, driver's license numbers, profiles, accounts, login information, usernames, passwords, pin numbers, or other non-public or sensitive information should not be stored or sent through the Service. You should not use the Service to transfer ownership or provide access to any property, whether intellectual or real property, except to send personal Messages to Recipients as provided by GoneNotGone.

No Bequests. You may not use the Service to make bequests or other gifts to your heirs. Please consult an attorney and provide for your heirs through a properly executed Last Will and Testament or other legal documents. Any bequests made through the Service are null and void and may not be used to contest a Will or used to claim ownership interest in any property.

No Professional Advice. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be sent through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. GoneNotGone makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

No Commercial Use. The Service is for personal use only. You must not create or submit unwanted email, messages, or other forms of commercial or harassing communications (a/k/a "spam") to any GoneNotGone users. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with GONENOTGONE’s express consent (such as for promoted profiles or other advertisements), which GONENOTGONE may provide or deny in its sole discretion. GoneNotGone may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

No Illegal Activity. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined above), including but not limited to, copyright laws.

No Association. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or GoneNotGone.

No Interference. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive  nature. You may not inject content or code or otherwise alter or interfere with the way any GoneNotGone page is rendered or displayed in a user's browser or device.

No Robots. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

C. Intellectual Property

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not upload, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send the following information to customerservice@gonenotgone.com: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable GoneNotGone to find the alleged infringing material, such as a url or User account); your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. GoneNotGone will terminate the accounts of any infringers.

Our Proprietary Rights. GoneNotGone owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks, patents, including Provision Patent No. 62/315,783 for System and Methods for Posthumous Electronic Delivery and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, trade secrets, patents, and other proprietary information of GoneNotGone and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of GoneNotGone or, if such property is not owned by GoneNotGone, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

D. Third Parties

Links . The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that GoneNotGone is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that GoneNotGone 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

Third Party Advertisements . From time to time, GoneNotGone may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. GONENOTGONE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL GONENOTGONE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

Off-site Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that GoneNotGone is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that GoneNotGone 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

E. Limitation of Liability

Disclaimers . You acknowledge and agree that neither GoneNotGone nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content sent through the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GONENOTGONE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GONENOTGONE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL GONENOTGONE, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, 

INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF GONENOTGONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GONENOTGONE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GONENOTGONE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. 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 TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity by You. You agree to indemnify and hold GoneNotGone, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you upload or transmit through the Service, and the violation of any law or regulation by you. GoneNotGone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoneNotGone in connection therewith.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GONENOTGONE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GoneNotGone may be commenced only in the federal or state courts located in Montgomery County, Texas, and you irrevocably consent to the jurisdiction of those courts. This Agreement, and any dispute between you and GoneNotGone, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with GoneNotGone must be filed within one year after such claim arose; otherwise, your claim is permanently barred. In the event a claim is brought by a third party for which you are required to indemnify GoneNotGone according to this Agreement, and this time limitation on claims is deemed inapplicable to the claimant, your duty to indemnify GoneNotGone will extend to cover all claims for which require indemnity by you.


F. Application of Terms

Notice. GoneNotGone may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Entire Agreement; Other . This Agreement, with the Privacy Policy, Service Agreement and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and GoneNotGone regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Violation. Violation of these Terms of Use may, in GoneNotGone's sole discretion, result in termination of your GoneNotGone account. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other GoneNotGone terms. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for GoneNotGone, we can stop providing all or part of the Service to you.

Non-waiver. The failure of GoneNotGone to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or a waiver of any subsequent enforcement.

No Agency. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind GoneNotGone in any manner.

Severability. If any part of this Agreement is held unenforceable, the rest of this Agreement will nevertheless remain in full force and effect.

Attorney’s Fees and Costs. In any action to enforce or defend this Agreement, GoneNotGone shall be entitled to an award of its reasonable attorneys' fees and costs if GoneNotGone is the prevailing party.

Special State Terms. The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You, the User, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the date you created your account, excluding Sundays and holidays. To cancel this agreement, please email us at customerservice@gonenotgone.com.

Support. We provide assistance to Users through the “ Help ” page in the Service or by emailing customerservice@gonenotgone.com . When communicating with our support representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

Contact Us. GoneNotGone, owned and operated by GoneNotGone, LLC, a Texas Limited Liability Company with its principal place of business at 5629 Cypress Creek Parkway, Suite 307, Houston, Texas 77069

Welcome to GoneNotGone (“GoneNotGone,” “we,” and “us”). GoneNotGone respects the privacy of its users (“you”) and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our application or services or transacting business with us. By using our website or application (our “Service”), you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

The Privacy Policy below governs your relationship with GoneNotGone and any information you provide on our website https://www.gonenotgone.com (the “Site”). Our Privacy Policy includes the following sections:

A. Overview
B. Information We Collect
C. Our Use and Disclosure of Information
D. Information Security
E. Accessing and Changing Your Information

A. Overview

In order to provide Service, accept credit card payments, and reduce the risk of fraud, GONENOTGONE must ask you to provide personally identifiable information (“Personal Information”), as described in Section B. This Privacy Policy describes the information we collect and how we use that information. GONENOTGONE takes the privacy of your Personal Information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your Personal Information or a list of our customers to third parties. However, as described in more detail in Section C below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy.

By accepting the Privacy Policy and Terms of Use in registration, you expressly consent to our use and disclosure of your Personal Information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the GONENOTGONE Terms of Use. This Privacy Policy is effective on the Effective Date described above.

GONENOTGONE will store and process your Personal Information on our computers in the United States. GONENOTGONE will hold and transmit your Personal Information in a safe, confidential and secure environment. If you object to your Personal Information being transferred or used as described in this Privacy Policy, please do not submit an inquiry or message, and do not enter credit card payment information.

CHILDREN: You must be 13 years old or older to use GONENOTGONE, unless you meet the following requirements, in compliance with the Children’s Online Privacy Protection Rule (“COPPA”). Parents or legal guardians of children 13 years old or younger must provide written consent before submitting the child’s personal information or allowing the child to access the site. In certain limited situations a parent or legal guardian my give special permission through power of attorney or other legal authorization for a caregiver of a terminally ill child (e.g. the Ronald McDonald House) to supervise minor children as they use the Service to create memories for parents.

Parents and guardians will maintain access to any personal information submitted by parent or child on the GONENOTGONE website. Parents and guardians may review or delete the child’s personal information at any time by accessing the child’s account through the PIN number provided at account registration.

By using this site, you confirm that you meet these age requirements.

RESIDENTS OF MEMBER STATES OF THE EUROPEAN UNION: GONENOTGONE collects information in compliance with The Data Protection Directive, General Data Protection Regulation.

B. Information We Collect

Information in General. We may collect information that can identify you such as your name and email address ("personal information") and other information that does not identify you. We may collect this information through a website or a mobile application. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in the United States and countries around the world. Required Information. In order to register as a user with GoneNotGone, you must provide the following Personal Information: your name, address, phone number, e-mail address, birthdate and three (3) security questions and answers. You will be asked to sign in using your email address and create a unique password. This required information is necessary for us to process transactions, issue a new password if you forget or lose your password and to contact you should the need arise in administering your account or providing our service.

Additional Verification. If we cannot verify the information that you provide, we may ask you for additional proof.

Information from other sources. We may obtain both personal and non-personal information about you from other businesses, business partners and other third parties.

Use of technologies to collect information. We use various technologies to collect information from your device and about your activities on our Service. Information collected automatically. We automatically collect information from your browser or device when you visit our Service. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location while our application is actively running, and the referring website address. We use this information to secure your account, to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with GoneNotGone.

Cookies and Use of Cookie Data. "Cookies" are small files of data that reside on your computer. “Cookies”. When you visit our Service, we may assign your device one or more cookies to facilitate access to our Service and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links you click. Once you log out or close your browser, these session cookies expire and no longer have any effect.

If we advertise, we (or third parties) may use certain data collected on our Service to show you GoneNotGone advertisements on other sites or applications.

Pixel tags. We embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of our features and services. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).

Customer Service Correspondence. If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from GoneNotGone to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Use. We may, over time, delete these records if permitted by law.

Questionnaires, Surveys and Profile Data. From time to time, we may offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect Personal Information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.

C. Our Use and Disclosure of Information

Personal information. We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared.

Information Shared with Other Users. When you register as a user of GoneNotGone, your GoneNotGone profile will not be viewable by other users of the Service. You may be able to share certain information with other users as you choose.

Internal GoneNotGone Uses. We collect, store and process your Personal Information on servers located in the United States. We use the information we collect about you in order 1) to provide our services and process your transactions, 2) to provide customer service, and 3) to improve our products and services.

We provide access to Personal Information about our users only to those employees who require it to fulfill service requests.

We may share personal information with Service providers. We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Service functionality, and supporting contests, surveys and other features offered through our Service. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Other Situations. We may disclose your information, including personal information: In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies. In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with other companies and third parties to develop and deliver targeted advertising on our Service and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may re?ect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to http://www.aboutads.info/choices/.

Internet Address Information. We may use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.

Do Not Track Disclosure. Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide the opt-out links above. However, we do not recognize or respond to any DNT signals, as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

Third Party Websites. There are a number of places on our Service where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on our Service, you may be taken to a website that we do not control. These third- party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting. How you can access your information if you have a GoneNotGone account, you have the ability to review and update your personal information within the Service by opening your account and going to settings. More information about how to contact us is provided below. You also may close your account at any time by visiting the "Page" page for your account. If you close your account, we will retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Service or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies. Your choices about collection and use of your information You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Service because such information may be required in order for you to register as user; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions. You can also control information collected by cookies. You can delete or decline cookies by changing your browser settings. Click “help” in the toolbar of most browsers for instructions. How we protect your personal information We take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft. Information you provide about yourself while using our Service We provide areas on our Service where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Use. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Children's privacy. Although our Service is a general audience Service, minors age 18 and under may be allowed to used the service under limited circumstances. We may ask Users, in their capacities as parents or legal guardians, to provide information about their child including but not limited to: your child’s full name and date of birth. All information about a child is subject to this Privacy Policy.

Visiting our Service from outside the United States. If you are visiting our Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our services, you understand and agree that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

Changes to this Privacy Policy. We will occasionally update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Service, or advances in technology. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy, which will be posted on the Services under [“Legal”] and other places on www.gonenotgone.com, and you should regularly check for the most recent version, which is the version that applies. If we make any material changes to this Privacy Policy, we will notify you of the changes by reasonable means, which could include notifications through the Services or via email. Please review the changes carefully. Your continued use of the Services following the posting of changes to this policy will mean you consent to and accept those changes. If you do not consent to such changes you can delete your account by following the instructions under Settings.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Disclosure to Third Parties. GoneNotGone will not sell, license, rent or share any of your Personal Information to third parties, except in the limited circumstances described below, or with your express permission. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.

  1. We may disclose the information we collect, to companies that perform marketing services on our behalf. These companies are subject to confidentiality agreements with us and other legal restrictions that prohibit using the information except to market the specified GoneNotGone-related products or services, unless you have affirmatively agreed or given your prior permission for other uses.

  2. We may disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use. Specifically, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information to victims who request it.

  3. We may disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.

  4. We may disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

  5. We may share aggregated statistical data with our business partners or for public relations. However, this aggregated information is not tied to Personal Information.

  6. As with any other business, it is possible that GoneNotGone in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by GoneNotGone, including customer account information, but would continue to be bound by this Privacy Policy unless and until it is amended as described above.

    Our Contacts with Users. We communicate with users on a regular basis via e-mail and phone to provide customer service, provide company updates, resolve customer complaints, provide schedules and reminders, investigate suspicious transactions, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.

    In the future, we may also use your e-mail address and/or mailing address to send you other types of communications that you can control, including newsletters, estate planning tips, customer surveys and promotions. You can choose whether to receive some, all or none of these communications when you complete the registration process, or at any time thereafter, by logging in to your account on the GoneNotGone Web site and changing your preferences in the My Profile page.

    In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, these auditors cannot use Personal Information for any secondary purposes.

    Maintaining Information. All obligations of the GoneNotGone to retain information pursuant to this Agreement will survive three (3) years following the termination of this Agreement.

D. Information Security

GoneNotGone is committed to handling your customer information with high standards of information security including 256-bit encryption, IP Address protection, and double authentication. As discussed above in Section C, we restrict access to your Personal Information to employees who need to know that information in order to provide products or services to you.

The security of your GoneNotGone account also relies on your protection of your GoneNotGone password. You should not share your GoneNotGone password with anyone. GoneNotGone will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the GoneNotGone website, which will always have a URL beginning with https://gonenotgone.com/.

Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, or linking to a website with a URL that does not begin with https:// gonenotgone/ should be treated as unauthorized and suspicious and should be reported to GoneNotGone immediately. If you do share your GoneNotGone password with a third party for any reason, the third party will have access to your account and your Personal Information, and you will be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account at www. gonenotgone.com and changing your password, and also contact us right away as described in Section F below.

E. Accessing and Changing Your Information

You can review the Personal Information you provided us and make any desired changes to such information, or to the settings for your GoneNotGone account, at any time by logging in to your account on the GoneNotGone Web site and changing your preferences in the My Profile.

Contact Us. If you have any questions about this Privacy Policy, GoneNotGone’s information practices, or your dealings with GoneNotGone, please feel free to contact us by email or postal mail as follows: GoneNotGone, LLC. 5629 Cypress Creek Parkway, Suite 307, Houston, Texas 77069, customerservice@gonenotgone.com               .