Terms of Use

These Terms of Use, together with Tukios Privacy Policy, (collectively, the "Terms") set forth the terms and conditions that apply to your access and use of the website of Tukios, Inc. (https://tukios.com) ("us" "we" or "our") and associated services, including Tukios services that are available through the websites of our client funeral homes and other funeral professionals (together, the "Sites"), whether as a client, end-user or customer of a client, or otherwise. "Tukios" includes all officers, directors, employees, consultants, affiliates, parents, subsidiaries, and agents. The Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Tukios concerning your access to and use of the Sites.

By using or accessing the Sites, you agree to these Terms, as may be updated from time to time in accordance with Section 10 below.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SITES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE TERMS, TUKIOS’ PRIVACY POLICY.

ARBITRATION NOTICE. You agree that disputes arising under these Terms will be resolved by binding, individual arbitration as further described in Section 12, and BY ACCEPTING THESE TERMS, YOU AND TUKIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

If you do not agree to all the terms and conditions of this Agreement, you may not access or use the Sites.

Account Security

To use the Sites you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Sites; and (iii) register for and use the Sites in compliance with any and all applicable laws and regulations.

Account Registration

To access some features of the Sites, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password ("Registration Information"). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Tukios for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@tukios.com.

Prohibited

You agree not to:

• Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
• Violate or encourage others to violate the rights of third parties, including intellectual property rights, privacy rights, and/or publicity rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• Interfere in any way with security-related features of the Sites;
• Interfere with the operation or any user's enjoyment of the Sites, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
• Access, monitor or copy any content or information of the Sites using any robot, spider, scraper, or other automated means or any manual process for any purpose without express written permission from the funeral home who owns the Site(s) and Tukios;
• Use, reproduce, modify, distribute or store any part of the Sites (including obituaries, event information, or other content) for any purpose without the prior written permission of Tukios;
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
• Sell or otherwise transfer the access granted herein.

Third-Party Content

The Sites may contain links to third-party websites and services. Tukios provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Tukios has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 any such third-party websites or services.

Intellectual Property

You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video, or post or submit other content (together, "Content") to Tukios or any website of any Client operated by Tukios, such content will be shared with and stored by Tukios and its affiliates and partners. The Sites are owned by our funeral home clients and are protected by applicable copyright and other intellectual property laws, and no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express permission of the funeral home. Tukios owns or has duly licensed: a) all images it makes available for your use in creating memorials; b) the software and other technology it makes available to you for creating memorials; and c) the TUKIOSTM trademark.

User License Grant to Tukios

You grant Tukios, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide to Tukios in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Tukios to include the Content you provide in a searchable format that may be accessed by users of the Tukios services and other websites. You also grant Tukios and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. You also grant Tukios the right to use the Content and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Content or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Tukios services and Sites without the need for additional compensation of any sort to you. Tukios does not claim ownership of Content you submit to the Sites.

User Content and DMCA Notice

You represent and warrant that you own or otherwise have the right to use any content you post to the Sites. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:

ATTN: Content/DMCA Notices Tukios, Inc.

2326 Washington Blvd. #303 Ogden, UT 84409 Phone: (801) 682-4391 Email: support@tukios.com You must provide the following information: a) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; b) a description of the copyrighted work that you claim has been infringed; c) a description of where the material that you claim is infringing is located; d) your address, telephone number, and email address; e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) 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. Tukios has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Tukios or others.

Indemnification

You agree that you will be personally responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless Tukios, Tukios’s subcontractors and Tukios’s and such subcontractors’ officers, directors, employees, shareholders, parents, subsidiaries, agents, successors, and assigns. from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Tukios reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination

If you violate these Terms, your permission to use the Sites will automatically terminate. In addition, Tukios in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites at any time, with or without notice to you. You may terminate your account at any time by contacting Tukios at support@tukios.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Tukios may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Sites.

Modification of the Terms

Tukios reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Sites following notice will be deemed acceptance of any modifications to the Terms.

Disclaimers of Warranties

The Sites are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied.