Términos del servicio
Terms of Service
1. General. These Terms of Service (“Terms”) govern access to and use of the website (the “Website”) provided by Impression Vault (“Impression Vault,” “We,” or “Us”). By visiting or using the Website, You agree to be bound by these Terms.
2. Account Registration. In order to access the Biometric Data or purchase memorial products offered by Impression Vault (the “Memorial Products”), You are required to create a user account and register Your Account with Impression Vault (your “Impression Vault Account”). When creating Your Impression Vault Account, You agree to provide accurate and complete information to Impression Vault, to update Your Impression Vault Account information if any changes occur, and further agree that all communications, content, and information provided by You through the Impression Vault Account will be accurate and complete. Your Impression Vault Account is unique to You and may not be sold or transferred by You to any other individual or person. You further agree not to make Your Impression Vault Account available for use by one or more third parties.
3. Unauthorized Use of Account. You shall have sole responsibility for Your Impression Vault Account, including responsibility for preventing any unauthorized use of Your Impression Vault Account. If Your Impression Vault Account is used in connection with any fraudulent, unlawful, or otherwise illegal activity, Impression Vault reserves the right to hold You liable for any and all damages Impression Vault may suffer, either directly or as a result of any action against Impression Vault by a third party.
4. Account Suspension. You acknowledge and agree that Impression Vault may terminate or suspend your Impression Vault Account or the associated login information in the event of any conduct that Impression Vault deems, in its sole discretion, to be illegal, improper, unacceptable, or in any other way a breach of this Agreement. In the event of suspension of Your Impression Vault Account, You agree to immediately cease Your access to the Biometric Data. You further agree that Impression Vault has no obligation to return or destroy any Biometric Data upon suspension of Your Impression Vault Account.
5. Ownership of Biometric Data. To the extent any ownership rights in such Biometric Data vests in You, You agree that You are granting Impression Vault a royalty-free, non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of such Biometric Data. You represent and warrant that You have the right to grant the foregoing rights to Impression Vault in such Biometric Data.
6. Authority to Access Biometric Data. By accessing the Biometric Data, you represent and warrant to Impression Vault that the Biometric Data does not contain:
· any data for which You do not have the rights, power, and authority necessary for its collection, use, and processing as contemplated by this Agreement;
· any data with respect to which Your use and provision to Impression Vault pursuant to this Agreement would breach any agreement between You and any third party; or
· any data with respect to which its usage as contemplated herein would violate any applicable laws, including without limitation any applicable federal, state, and local laws, including biometric privacy statutes, health privacy laws, and consumer protection laws.
7. User Conduct. You agree not to submit false, misleading, or infringing information in connection with any Memorial Product order that uses Biometric Data. You further acknowledge and agree not to collect, store, download, sell, or use the Biometric Data for any unauthorized purpose.
8. Intellectual Property. Except for the Biometric Data, all text, graphics, trademarks and logos, sound, images and all underlying computer code in any form, together with all associated trade dress or “look and feel” of the Website is exclusively owned by Impression Vault or licensed to it for use and is protected by numerous intellectual property and other laws, including but not limited to copyright, trademark, trade dress, and unfair competition laws. Unless otherwise stated herein no part of the Website may be copied, reproduced, republished, translated, transmitted or distributed in any manner (including “mirroring”) without Impression Vault’s prior written consent. The designs, processes, and technology used by Impression Vault to create the Memorial Products are also protected by intellectual property rights and are the exclusive property of Impression Vault. This Agreement does not in any way constitute a transfer or assignment of Impression Vault’s intellectual property rights.
9. Warranty Disclaimer.
Impression Vault EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES ABOUT THE WEBSITE OR ANY BIOMETRIC DATA. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY AN Impression Vault AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY. Impression Vault MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND ABOUT THE WEBSITE OR ANY BIOMETRIC DATA OR ANY OTHER THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY Impression Vault THROUGH THE APPLICATION, UNLESS EXPRESSLY STATED AND SPECIFIED IN WRITING. OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY, Impression Vault MAKES NO WARRANTIES AS TO PRIVACY OR SECURITY.
10. Limitation of Liability.
IN NO EVENT SHALL Impression Vault OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, VENDORS, LICENSORS, CONTRACTORS, OR AGENTS, INCLUDING ANY OWNERS, MANAGERS, OFFICERS, EMPLOYEES, SUCCESSORS, ASSIGNS, REPRESENTATIVES, OR ATTORNEYS THEREOF, BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO any failure of performance, error, omission, interruption, defect, delay in operation or transmission, lack of COMPATIBILITY or operability, computer virus or system failure RELATED TO YOUR USE OF THE WEBSITE, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THE BIOMETRIC DATA, YOUR USE OF THE WEBSITE, OR THIS AGREEMENT. THESE EXCLUSIONS APPLY, BUT ARE NOT LIMITED TO ANY CLAIMS, EVEN IF Impression Vault KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF POTENTIAL DAMAGES TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Impression Vault FOR ANY DISPUTE YOU HAVE AGAINST IT SHALL BE TO DISCONTINUE YOUR USE OF THE WEBSITE. In no event shall Impression Vault’S total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. Indemnification. You agree to defend, indemnify, and hold harmless Impression Vault and any of its parents, subsidiaries, affiliates, partners, vendors, licensors, contractors, or agents, including any owners, managers, officers, employees, successors, assigns, representatives, or attorneys thereof, from and against any and all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or related to your use of the Website or the Biometric Data, your violation of this Agreement, your violation of any third-party right, or your willful misconduct or negligence. Your use of the Website and access to the Biometric Data is subject to any and all conditions imposed by Impression Vault.
12. Term. This Agreement shall continue until terminated. Impression Vault may at any time terminate this Agreement with You, including without limitation as a result of Your breach of this Agreement or as may be required by law.
13. Modification. Impression Vault reserves the right at all times, in its sole discretion, to discontinue or modify any part of this Agreement, and to improve, modify, discontinue, or remove any functionality, information, or content published on or communication through the Website, including but not limited to any Submitted Content, as deemed necessary or desirable by Impression Vault in its sole discretion. Should Impression Vault make any changes that materially affect Your use of the Website, Impression Vault will notify You by: (i) sending You an email to the email address that is registered with Your Impression Vault Account; or (ii) posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of Impression Vault sending an email notice to You or posting notice of the changes to the Website. These changes will be effective immediately for new users of the Website. Your use of the Website following an update to this Agreement shall constitute Your acceptance of the modified Agreement.
14. Termination. If You want to terminate this Agreement with Impression Vault, You may do so by: (A) notifying Impression Vault at: help@theimpressionvault.com, and (B) closing Your Impression Vault Account and ceasing all use of the Website. Impression Vault also reserves the right to terminate its offering of part or all of the Website for any reason (or no reason) at any time. The Ownership of Biometric Data Authority to Access Biometric Data, Warranty Disclaimer, Liability Limitation, Indemnification, Dispute Resolution, and Miscellaneous sections of this Agreement shall survive termination.
15. Dispute Resolution.
Any disputes arising out of or related to this Agreement or any use by you of the Website shall be submitted to arbitration before a single arbiter in Denver, Colorado according to the rules and practices of the private arbitration company or firm acceptable to all parties. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any party if notice of the proceedings has been given to such party. All awards rendered in such proceedings shall be final and binding on all parties and may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom such award is rendered or such party’s property as a basis of judgment and of the issuance of execution for its collection. No party shall be considered in default hereunder during the pendency of arbitration proceedings relating to such default.
YOU AND IMPRESSION VAULT AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND IMPRESSION VAULT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED SHALL NOT AFFECT ANY OTHER USER.
Unless you and Impression Vault agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of or as a result of a decision by the arbitrator or a court order, you hereby irrevocably consent and submit to the exclusive jurisdiction and venue of the state and federal courts in Denver Colorado, and to the personal jurisdiction of such courts over you, for the purpose of adjudicating any dispute or claim arising out of or related to this Agreement or any use by you of the Website.
16. Miscellaneous.
This Agreement shall be governed by and interpreted according to the laws of the State of Colorado, without regard to conflicts of laws principles.
This Agreement embodies the entire agreement between You and Impression Vault relating to Your access and use of the Website. Impression Vault may occasionally change the terms of this Agreement, and any such modifications will become effective once they are published on or posted to the Website; provided, however, that no such modification or amendment will alter the arbitration terms of this Agreement in connection with any claim occurring prior to the date of such modification or amendment. In addition, any modification or amendment of this Agreement’s arbitration terms shall not be effective until at least 14 days after they are published on or posted to the Website. It is Your sole responsibility to check the Website from time to time to review any such changes. Your use of the Website after any modifications will indicate that You accept and agree to the modified Agreement.
No amendment or modification of this Agreement (except as set forth in this paragraph) shall be valid or binding unless expressly approved by Impression Vault in writing. You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. Impression Vault may assign its rights and/or obligations under this Agreement to any other party in its sole discretion. The section headings used herein are for convenience only and shall be of no legal force or effect.
Failure of any party to this Agreement to require performance by another of any provision expressed in this Agreement shall in no way affect that party’s right to thereafter enforce such provision; nor shall the waiver by any party of any breach of any provision expressed in this Agreement be taken or held to be a waiver of any succeeding or other breach of such provision or as a waiver of the provision itself or of any other provision. If any provision of this Agreement is declared void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining portion of this Agreement, which shall otherwise remain in full force and effect. Correspondence should be directed to: help@theimpressionvault.com.
Last updated: September 30, 2025