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Updated: May 19, 2008

ATTENTION: PLEASE READ ALL THE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. ANY OTHER CAUSE OF DEATH THAT IS NOT NATURAL OR ACCIDENTAL SHALL VOID ALL SERVICES AND ACCESS TO YOUR ACCOUNT. YOUR ACCOUNT AND ANY INFORMATION CONTAINED WITHIN SHALL BE CANCELLED WITHOUT REFUND OR OBLIGATION TO PROVIDE ANY SERVICES TO YOU. ISAYBYE.COM, LLC IS NOT A REPLACEMENT OR SUBSTITUTE FOR A WILL OR PROFESSIONAL LEGAL ADVICE NOR DOES ISAYBYE.COM, LLC REPRESENT ANY LEGAL ASSISTANCE OR SERVICE. WE ARE NOT RESPONCIBLE FOR ANY CRIMINAL ACT LINKED TO CREATING AN ACCOUNT AT ISAYBYE.COM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE AND EXIT IMMEDIATLY.
General Information Terms of Use Your Account Message Delivery Billing and Ordering


The Site and its Use

The iSayBye.com, LLC ("iSayBye.com, LLC") Web site is owned and provided by iSayBye.com, LLC registered in Cheyenne, WY. For purposes herein, iSayBye.com, LLC is referred to as "iSayBye.com" The applicable Web site or sites are referred to herein as the "Site." Your access to and use of the Site is subject to these Terms and all applicable laws.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without iSayBye.com's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in iSayBye.com's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by iSayBye.com and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. iSayBye.com owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.

This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of iSayBye.com's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without iSayBye.com's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.



Disclaimer

THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. ISAYBYE.COM ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. iSayBye.com ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.



Eligibility

Usage and membership service is void where prohibited. You must be at least eighteen (18) years of age to register as a member of iSayBye.com and use this website.



Trademarks

The names, marks and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to iSayBye.com. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, iSayBye.com makes fair use in this Web Site of trademarks owned and used by third parties. iSayBye.com makes no claim to ownership of those marks.



Third-Party Sites

iSayBye.com may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-iSayBye.com Web site does not mean that iSayBye.com endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. iSayBye.com makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that iSayBye.com is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of iSayBye.com.



Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of iSayBye.com.



Limitation of Liability

Your use and browsing of the Site solely at your own risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.



Information Provided By You

iSayBye.com prohibits confidential, illegal, incriminating, or unethical information. Please note that any information or material sent to iSayBye.com will be deemed as not confidential based on the intent of delivery authorized by you or by any governing laws of the United States. By submitting information and material to the Site, you automatically grant to iSayBye.com (or warrant that the owner of such information and material has expressly granted to iSayBye.com) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, translate, transmit and distribute, or otherwise make available to anyone you have authorized on the iSayBye.com Site. You also agree to release iSayBye.com from any liability for messages or information that you have submitted that is undeliverable, contains typographical errors, lost, stolen, damaged, deleted, misunderstood, mistranslated, or otherwise prevents iSayBye.com from providing any services expressed on the Site.

As further provided above, iSayBye.com prohibits, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to iSayBye.com that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission. You also will not submit any information selling, giving, offering, granting, lending, or providing personal property of any value to an individual or group including but not limited to a business, person, establishment, organization, or living creature. Any mention or intent shall void services offered by iSayBye.com.



Message Acceptance Policy

As a process created to protect the best interest of iSayBye.com users, it is our discretion to approve or deny any messages(s) submitted or transmitted to the Site. Please allow up to 24 hours for review.

iSayBye.com will deny a message based on the following conditions but not limited to:

  • Use of vulgar Language
  • Defamation of Character
  • Statements not having the best interest of others mentioned within your message(s)
  • Illegible message(s) due to excessive spelling or grammatical errors
  • Mention of giving, selling, saving, or loaning item of tangible or intangible nature except for messages containing the location of pertinent estate planning documents
  • Crude or inappropriate statements
  • Copyright violation or plagiarism except for famous quotes that properly cite the author and/or orator
  • Reproductions or duplicate submissions
  • Mention of Wills or trust funds other than locations thereof
  • Incriminating statements or threats
  • Mention of suicide or killing of one self or others
  • Mention of incriminating information
Due to sensitive information users may submit to the site, iSayBye.com will release any messages(s) containing incriminating or illegal information to law enforcement agencies. iSayBye.com reserves the right to revoke any approved messages at any time. We are not responsible for messages that may have been approved that contain content that may not meet our terms and conditions.



Identity Verification

During the message composition process you will be asked to verify your identity using two forms of identification, namely the last four (4) digits of your social security number and your date of birth. These two pieces of information are required for message delivery. iSayBye.com will never share, rent, or use this information for any other reason than to authenticate your identity during the composition process.



Euthanasia or Assisted Suicide

Where Euthanasia or Assisted Suicide is legal, we may conduct an investigation to determine the legitimacy of the account holders wishes. In states where Assisted Suicide is illegal, iSayBye.com reserves the right to deny publication of the account holders’ message(s) and or cancel the account.



Limited Message Delivery Guarantee

1. Our Message Delivery Guarantee (Otherwise know as, "We guarantee you'll say goodbye.") is limited to saved messages that have been approved by our staff with an active unexpired subscription.

2. Accounts with expired subscriptions, canceled subscriptions, trial subscriptions, or members using a free account void message delivery service regardless of approved message status.

3. iSayBye.com is not responsible for the loss of data or messages saved on our server. We strongly recommend keeping copies of your messages off-site with you for backup purposes.

4. If hardware failure or data loss should occur on our servers, you are responsible for data restoration. iSayBye.com shall not be liable for loss of data or messages under any circumstance. Messages that have been deleted by you or due to system failure will not be delivered.

5. In the case of unexpected interruption of service, due to system failure, iSayBye.com will provide its best efforts to restore service as quickly as possible.

6. iSayBye.com does not guarantee that activation will be initiated by those you have provided your access code and membership information to. We do not warrant that your message(s) will be read only by the individual you intended.

7. Once your message(s) have been mailed we cannot stop or revoke the delivery process. If you wish that your message(s) not be delivered please cancel your subscription immediately.



Activating Message Delivery Service

Message activation requires several stages of authorization and verification to be completed. Before anyone can activate message delivery service you must provide an access code and name of the account you would like to authorize. Once the correct access code and personal information has been submitted we will then require proof that the subscriber is deceased.

The subscriber's death must be confirmed using the following items:
  • Original Death Certificate
  • Original Published Obituary
iSayBye.com will not release messages from subscribers accounts where all the stages of verification and authorization have not been met or the subscriber is still living. We also require that the subscriber's account status and message(s) meets all of our service terms and conditions to be released.

Once all stages of authorization and verification have been provided our fulfillment center will deliver the message(s) to the address provided within the requested account.



Account Security

As part of site and account security you are responsible for maintaining an active email address and password of high integrity. A password with high integrity is defined as being between 8-10 characters long, containing a combination of both numbers and letters, and uses upper and lowercase letters.



Saved Messages

Regardless of your subscription status, messages will be saved in your account as long as you do not deleted them. Messages that you have deleted cannot be restored. Please use caution when deleting messages. Messages that have been deleted will not be delivered.



Billing Terms

  • Subscription fees are charged at the time of credit card processing.
  • Subscription packages are sold in yearly increments of 365 days.
  • Billing service period begins at the time of purchase and ends the last day of the subscription term at 12:00am CST.
  • Refunds will not be given for any reason outside of the 30 day risk-free guarantee.
  • Subscription fees and pricing may be subject to change without notice.
  • Sales tax will be charged in the state of Wyoming on all purchases.


Payment Options

We accept the following payments:
  • Visa
  • Mastercard
  • American Express
  • Discover


Auto-Renewal

You can easily maintain your subscription by using Auto-Renewal to automatically renew your subscription at the purchase price (plus applicable tax).

By checking the box on the payment page and providing your credit or debit card billing information, you agree that your subscription will automatically renew for successive renewal terms, and you expressly authorize and permit iSayBye.com ("iSayBye.com, LLC") to bill each subscription renewal fee to the credit or debit card you have provided, until you cancel the automatic renewal and billing of your subscription or iSayBye.com discontinues the automatic renewal and billing option.

If you choose to leave auto-renew on, we'll continue your subscription uninterrupted, and automatically renew your yearly subscription at the current price until you let us know that you'd like to cancel. You may cancel your auto-renewal at any time.

If you discontinue or do not select automatic renewal and billing of your subscription, you must manually renew your subscription to prevent interruption of service. Your order confirmation and confirmation email will include instructions on how to cancel automatic renewal and billing of your subscription. If you do not agree to these terms and conditions, do not check the box on the payment page, provide your credit or debit card information, or complete this sale.



Cancellation

Yearly auto-renew subscriptions that are canceled will not be renewed the following year. Subscribers will continue receiving the service for which they have paid. There is not an early termination fee for canceled subscriptions. If you choose to cancel auto-renewal on your account you will lose your lock in rate and the current subscription prices will apply upon your manual renewal.

How do I cancel my subscription?

If you have not selected the Auto-Renewal option you will not be billed for any services outside of the one time subscription you have purchased. To cancel your Auto-Renewal please contact our Customer Service department at billing@isaybye.com or call 1-800-959-0148.

Account Mailbox Instructions

On the Customer Service Page, select the subject: "Cancel Auto Renew" and in the message state: "Please cancel Auto-Renew on my subscription". If you have any billing questions you can contact customer service by clicking here.


30 Day Risk-Free Guarantee

Try any one of our memberships risk free for 30 days. If you are not completely satisfied with our service, contact us within 30 days from your initial purchase and we will refund you 100% of your subscription fee. The 30 Day Risk-Free Guarantee only applies to first time users.


Refund Policy

iSayBye.com does not offer refunds outside of our 30 Day Risk-Free Guarantee. Qualifying refunds will be credited back using the original payment method or credit card.



Changes

iSayBye.com reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, iSayBye.com is under no obligation to update Materials. iSayBye.com may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change iSayBye.com makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site: Anyone linking to iSayBye.com's Site must comply with iSayBye.com's guidelines for linking to iSayBye.com's Site and all applicable laws.



International Users

The Site is administered by iSayBye.com from its offices in the United States and only offers services throughout the continental United States of America, Alaska and Hawaii.



Governing Law

These Terms shall be governed by the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between iSayBye.com and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.



Opt-out/Opt-in Policy

If you decide to create an account at iSayBye.com you will be asked to provide your email address. We may use your email to send you specific service related emails such as reminders, account changes, site updates, message approval or denial alerts, advertisements, or newsletters. With some of these communications, you may be available to "opt-out" by changing your setting under the "My Account" page or contacting customer service. However, certain communications such as message approval or denial alerts, account changes, or with invoice reminders you may not have this option unless you decide to cancel your account.



Privacy Policy

Overview

iSayBye.com is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.

About Us

This is a privacy policy for iSayBye.com. Our homepage on the Web is located at http://www.isaybye.com. The full text of our privacy policy is available on the Web at http://www.isaybye.com/tou#privacy Users may go to http://www.isaybye.com/tou#optout for information on how to opt-in or opt-out of use of their information.

We invite you to contact us if you have questions about this policy. You may contact us by mail at the following address: 

iSayBye.com, LLC
3721 Spring Valley Rd #162
Addison, Texas 75001
USA

You may contact us by e-mail at support@isaybye.com. You may call us at 1-800-959-0148.

Dispute Resolution and Privacy Seals

We have the following privacy seals and/or dispute resolution mechanisms. If you think we have not followed our privacy policy in some way, they can help you resolve your concern.

  • Service, Refunds, or Other Customer Disputes: Our customer service team will resolve any issue you may have.
Additional Information

This policy is valid for 1 day from the time that it is loaded by a client.

Data Collection

P3P policies declare the data they collect in groups (also referred to as "statements"). This policy contains 1 data group.


Group "On-Line Visitors and Users"

We collect the following information:

  • Click-stream data
  • HTTP protocol elements
  • HTTP cookies
  • Transaction history
  • Unique identifiers

This data will be used for the following purposes:

  • Completion and support of the current activity.
  • Web site and system administration.
  • Research and development.
  • Anonymous user analysis.
  • Anonymous user profiling and decision-making.
  • User analysis.
  • User profiling and decision-making.
  • Contacting visitors for marketing of services or products.
  • Historical preservation.

This data will be used by ourselves and our agents. In addition, the following types of entities will receive this information:

  • Delivery services.

The following explanation is provided for why this data is collected:

You can visit iSayBye.com on the Site without telling us who you are or revealing any information about yourself. If visitors do not create an account our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which Materials users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site. There are times however, when we may need information from you, such as your name, mailing address, billing address, phone number, email address, or other personal identifying information. Customarily, the personal information iSayBye.com obtains is used only to respond to inquiries, to process orders, account registration, identity verification, activation of message delivery service, or to allow the user to access specific account information. We may also ask you to voluntarily provide us with information for market research such as, your interests, demographics, and experience with our products.
Cookies

Cookies are a technology which can be used to provide you with tailored information from a Web site. A cookie is an element of data that a Web site can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

Our site makes use of cookies. Cookies are used for the following purposes:

  • Site administration
  • Contacting users
  • Completing the user's current activity
  • Pseudononymous analysis
  • Pseudonym-based decision-making
  • User analysis
  • Individual-based decision-making
  • Research and development





Compact Policy Summary

The compact policy which corresponds to this policy is: 

    CP="ALL DSP CURa ADMa DEVa PSAa PSDa IVAa IVDa CONa HISa OUR DELa IND UNI COM NAV INT CNT PRE"

The following table explains the meaning of each field in the compact policy.

FieldMeaning
CP= This is the compact policy header; it indicates that what follows is a P3P compact policy.
ALL Access to all collected information is available.
DSP The policy contains at least one dispute-resolution mechanism.
CURa The data is used for completion of the current activity.
ADMa The data is used for site administration.
DEVa The data is used for research and development.
PSAa The data is used for pseudononymous analysis.
PSDa The data is used for pseudononymous decision-making.
IVAa The data is used for analysis, including knowledge of the visitor's identity.
IVDa The data is used for decision-making, including knowledge of the visitor's identity.
CONa The data is used for contacting the user.
HISa The data is used for historical archival purposes.
OUR The data is given to ourselves and our agents.
DELa The data is given to delivery services.
IND The data will be kept indefinitely.
UNI Unique identifiers are collected.
COM Computer information is collected.
NAV Navigation and clickstream data is collected.
INT Interactive data is collected.
CNT Content data is collected.
PRE Preference information is collected.

The compact policy is sent by the Web server along with the cookies it describes. For more information, see the P3P deployment guide at http://www.w3.org/TR/p3pdeployment.

Policy Evaluation

Microsoft Internet Explorer 6 will evaluate this policy's compact policy whenever it is used with a cookie. The actions IE will take depend on what privacy level the user has selected in their browser (Low, Medium, Medium High, or High; the default is Medium. In addition, IE will examine whether the cookie's policy is considered satisfactory or unsatisfactory, whether the cookie is a session cookie or a persistent cookie, and whether the cookie is used in a first-party or third-party context. This section will attempt to evaluate this policy's compact policy against Microsoft's stated behavior for IE6.

Note: this evaluation is currently experimental and should not be considered a substitute for testing with a real Web browser.

Satisfactory policy: this compact policy is considered satisfactory according to the rules defined by Internet Explorer 6. IE6 will accept cookies accompanied by this policy under the High, Medium High, Medium, Low, and Accept All Cookies settings.





























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