Terms of Service
Welcome to ForeverPark.net brought to you by JBL Forever. Please read these Terms of Service and our Privacy Policy carefully before you sign up our site and mobile Apps.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS AS A CONSUMER YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOREVERPARK.NET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our members. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications such as News on ForeverPark.net. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility. You may use the Services as an individual only if you are 13 years or older and are not barred from using the Services under applicable law, or are otherwise capable of entering into a legal agreement with ForeverPark.net.
Registration and Your Information. If you want to use certain features of the Services, you'll have to create a membership account. You can do this via our Site, App, your certain personal information such as your name and email address and other personal information that your privacy information is permitting us to access.
Accuracy of Account Information. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Feedback. We welcome feedback, comments and suggestions for improvements to the Services. You can submit Feedback by emailing us at feedback@ForeverPark.net. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content On ForeverPark.net. Content means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and any Content that Account holders (including you) provide to be made available through the Services.
Ownership By ForeverPark.net. ForeverPark.net does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, ForeverPark.net and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in user Content Granted by You. By making any user Content available through the Services you hereby grant to ForeverPark.net a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute copies of, publicly display, and publicly perform your user Content in connection with operating and providing the Services to you and to other Account holders.
Responsibility for user Content. You are solely responsible for all your user Content. You represent and warrant that you own all your user Content or you have all rights that are necessary to grant us the license rights in your user Content under these Terms. You also represent and warrant that neither your user Content, nor your use and provision of your user Content to be made available through the Services, nor any use of your user Content by ForeverPark.net on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of user Content. You can remove your user Content by using the functionality of the Services. However, in certain instances, some of your user Content (such as posts or comments you make) may not be completely removed and copies of your user Content may continue to exist on the Services. If you post User Content to the Services on a webpage created by someone else (such as a post you make on a memorial page created by another user), that User Content may be deleted if that other user chooses to delete the webpage they have created. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by ForeverPark.net. Subject to your compliance with these Terms, ForeverPark.net grants to you a limited, non-exclusive, non-transferable license, with a right to access, view, download and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Third Party Services. Certain features of our Services may be provided directly to you by third party service providers in which case you may be required to enter into a separate agreement with the applicable third-party service provider in order to use the applicable feature. You will, of course, be given an opportunity to review and agree to any additional agreement terms with third parties prior to using those features of the Services.
Payments. We may ask you to supply information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so that your Transaction can be processed (plus any applicable taxes, fees and other costs imposed by the payment processor or any other third parties). All fees and applicable taxes, if any, are payable in United States dollars.
Membership. We offer premium features available through three membership plans. If you purchase one of them, you will be charged the monthly fee, plus any applicable taxes, and other bank or credit card charges, at the beginning of your membership and each month thereafter, at the then-current membership plan Fee.
BY PURCHASING A MEMBERSHIP PLAN, YOU AUTHORIZE FOREVERPARK.NET TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a membership plan, we (or our third-party payment processor) will automatically charge you each month on the monthly anniversary of the date on which you purchased the membership (or the date closet to that date in the subsequent month) using the Payment Information you have provided until you cancel your membership plan. By way of illustration, if you purchase a monthly membership plan on June 15th, you will be charged again on July 15th. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your membership plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership plan by you or ForeverPark.net. Your membership plan continues until cancelled by you or we terminate your access to or use of the Services or membership Plan in accordance with these Terms.
Cancelling your membership plan. Without limiting the foregoing, you may cancel your membership plan at any time, but please note that such cancellation will be effective at the end of the then-current membership plan period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL MEMBERSHIP PLAN PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP PLAN FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can contact customer support. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the membership-only Services will continue until the end of your then current membership period, and will then terminate without further charges.
Problems with your Transaction? If you are dissatisfied with the services provided from your Transaction, you may email us at support@ForeverPark.net and we will take whatever action we deem appropriate including, but not limited to connecting you with our third-party service providers. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we'll refund any payment you have already remitted to us for such Transaction.
General Prohibitions. You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person or entity; or promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, ForeverPark.net's name, any ForeverPark.net trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ForeverPark.net's express written consent;
Access, tamper with, or use non-public areas of the Services, ForeverPark.net's computer systems, or the technical delivery systems of ForeverPark.net 's providers;
Attempt to probe, scan or test the vulnerability of any ForeverPark.net system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ForeverPark.net or any of ForeverPark.net 's providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ForeverPark.net or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing an ForeverPark.net trademark, logo URL or product name without ForeverPark.net 's express written consent;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Claiming and Editing your Listing. To claim your listing, please use the functionality of the Site to do so. We may verify the accuracy of your claim at our discretion, including, but not limited to, calling your business. You may be permitted to edit certain portions of your Business Account listing, including, but not limited to, the contact information, images, and the description of your business and its offerings.
Cancellations, Returns and Refunds. You are responsible for determining all cancellation, returns, and refund policies for your Products, and all cancellations, returns, and refunds will be handled directly between you and the purchaser. ForeverPark.net may, but is not obligated to, assist you in processing such cancellation, return and refund requests.
DMCA/Copyright Policy. ForeverPark.net respects copyright law and expects its users to do the same. It is ForeverPark.net 's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see ForeverPark.net's Copyright Policy for further information.
Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@ ForeverPark.net. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE MARKETPLACE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity. You will indemnify, defend and hold ForeverPark.net and its officers, directors, employee and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services as well as your User Content, or your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FOREVERPARK.NET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOREVERPARK.NET OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOREVERPARK'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO FOREVERPARK.NET FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FOREVERPARK.NET, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOREVERPARK.NET AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of law’s provisions.
Dispute Resolution for U.S. Users. Except as otherwise expressly, the exclusive jurisdiction for all Disputes (defined below) that you and ForeverPark.net are not required to arbitrate will be the state and federal courts located in the Southern District of California, and you and ForeverPark.net each waive any objection to jurisdiction and venue in such courts. The following terms only apply if you are an individual who is using the Services for your own personal use as a consumer and are not representing a legal entity.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
As limited exceptions you may seek to resolve a Dispute in small claims court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@ ForeverPark.net within thirty (30) days following the date you first agree to these Terms.
Starting Arbitration. If you want to begin arbitrating a Dispute, you must notify us by sending us an email at support@ ForeverPark.net or via another communication method we make available to you requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we'll send such a letter to you at the email address or street address that you provided.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules or a comparable arbitral body. the American Arbitration Association Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely or in-person in the county where you live.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association Rules. We'll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if ForeverPark.net changes any of the terms of this Section 20 "Dispute Resolution" after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@ForeverPark.net) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of ForeverPark.net 's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ForeverPark.net in accordance with the terms of the date you first accepted these Term.
Dispute Resolution for Non-Users. Except as otherwise expressly set forth the exclusive jurisdiction for all Disputes that you and ForeverPark.net will be the state and federal courts located in the Northern District of California, and you and ForeverPark.net each waive any objection to jurisdiction and venue in such courts.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between your Loved and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ForeverPark.net and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without ForeverPark.net's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. ForeverPark.net may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by ForeverPark.net under these Terms, including those regarding modifications to these Terms, will be given via email; or by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Right. ForeverPark.net 's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ForeverPark.net. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please send email to ForeverPark.net: support@ ForeverPark.net or call (626)912-3388.