Terms & Conditions
Welcome to Memories Forward LLC (“Memories Forward,” “we,” “us,” or “our”). We specialize in digitizing and archiving your cherished family photographs, films, videos, and other analog artifacts into accessible digital formats. These Terms of Service (“Terms”) govern your access to and use of our website, MemoriesForward.com (the “Site”), and the services provided (collectively, the “Services”).
Please read these terms carefully before using our services. By accessing or using our site or services, or by clicking to accept or agree to the terms when this option is made available to you, you accept and agree to be bound and abide by these terms and our privacy policy, incorporated herein by reference. If you do not agree to these terms or the privacy policy, you must not access or use the services.
MEMORIES FORWARD RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT OUR DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS. YOU SHOULD REVIEW THESE TERMS PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SERVICE” LINK ON THE SITE.
- Services Provided. Memories Forward provides digitization services including scanning, potential restoration, organization, cloud storage, and additional archival services. These services involve converting photographs, slides, negatives, films, tapes, audio recordings, and other analog artifacts (“Materials”) into digital files. Specific services, deliverables, timelines, costs, and other details will be outlined in your specific Service Order, which is incorporated into and forms part of these Terms for that specific engagement.
- Shipping and Liability for Loss or Damage.
- 2.1.Risk of Loss During Shipment. If you choose to ship Materials to Memories Forward using a third-party carrier (e.g., USPS, FedEx, UPS), you bear all risk for loss or damage during transit until we have confirmed receipt of the Materials at our designated facility. Once received, Memories Forward assumes responsibility for the care of your Materials, subject to the terms outlined in these Terms.
- If Memories Forward picks up your Materials directly (e.g., during an in-home consultation or scheduled pickup), risk of loss transfers to Memories Forward at the point of handoff and remains with us until your Materials are returned via a method mutually agreed upon and documented in your Service Order.
For return shipment, risk of loss transfers back to you once we deliver the Materials to the designated shipping carrier, unless we are hand-delivering the return. If we deliver the return in person, we retain risk of loss until delivery is complete. - 2.2.Shipping Insurance and Packaging. We strongly recommend that you insure all shipments to us for their full value and package your Materials appropriately to prevent damage during transit. You are responsible for selecting and paying for appropriate packaging and insurance for shipments to us. If you choose not to insure your shipment or package items inadequately, you waive any right to hold Memories Forward liable for items that do not arrive or are damaged in transit to us.
- 2.3.Return Shipping Policies. You will be responsible for the cost of return shipping, including any insurance you wish to purchase for the return journey, as specified in your Service Order. You must specify the desired level of insurance coverage for return shipping. We strongly recommend purchasing sufficient insurance for the return shipment. If you choose not to insure the return shipment adequately, you accept all risk of loss or damage once the Materials are handed over to the shipping carrier. Memories Forward is not liable for late, lost, damaged, or misdirected mail during return transit.
- 2.4.Return of Materials Upon Termination or Non-Payment: In the event of termination of Services by either party, or if your account becomes inactive due to non-payment or lack of communication, we will make reasonable attempts to contact you to arrange for the return of your physical Materials. If you remain unresponsive after a reasonable period specified in a final notice, we reserve the right to return your Materials to your last known address via a trackable common carrier (such as USPS, FedEx, or UPS), the cost of which may be charged to you.
- Artifact Handling, Restoration, and Risk Acknowledgment
- 3.1.Handling. We will use commercially reasonable care in handling your Materials consistent with industry practices for archival materials. If you provide specific handling instructions with your order, we will endeavor to follow them where feasible, but cannot guarantee adherence if instructions conflict with our standard processes or safety protocols.
- 3.2.Restoration Work: Restoration services, if requested and paid for, may range from basic dust removal to more involved cleaning and digital repair. These processes carry inherent risks. You must specify your risk tolerance for any requested restoration in your Service Order. Memories Forward is explicitly not responsible or liable for any damage, alteration, or degradation that occurs as a result of agreed-upon restoration efforts. All restoration work is performed entirely at your risk and subject to the disclaimers and liability limitations contemplated in Section 9.
- 3.3.Use of AI and Automated Tools: As part of our Services, Memories Forward may employ automated tools—including those powered by artificial intelligence (AI)—to enhance, analyze, organize, or otherwise improve both digital images and associated information. This may include image correction (e.g., color balancing, dust/scratch removal), metadata enhancement (e.g., extracting or interpreting written notes, identifying locations), and other service optimizations. These tools may be embedded in professional software platforms we use, such as Adobe Creative Cloud, SilverFast, and others, or through proprietary and third-party applications such as Google Lens or custom tagging systems.
During the period we retain your digital content, we may use AI tools not only for enhancement and metadata organization, but also to assist in the creation of curated compilations, highlight reels, keepsake books, timelines, or storytelling products. These may be based on information you provide (such as names, dates, locations, or relationships), inferred metadata (e.g., image content or estimated decade), and the visual content of your Materials. These uses are always in service of providing you with enhanced Services or new product offerings. We will never share or sell your content to third parties, and any use of AI-generated content for promotional or marketing purposes will require your separate written consent.
While most AI usage is focused on improving quality or organizing your archive, you may request a list of the tools currently used by us at any time. You may also opt out of the use of specific tools or all AI-based tools for your Materials by indicating your preference in your Service Order. If you opt out, we will make reasonable efforts to accommodate your preferences, although some features or enhancements may not be available as a result.
By default, you acknowledge that such tools may be applied to your Materials unless you explicitly opt out. Use of these tools is further subject to the terms and privacy policies of the third-party service providers involved, as detailed in our Privacy Policy.
- Data Security and Privacy. Your submission of personal information through the Site and Services is governed by our Privacy Policy, which can be reviewed by clicking on the “Privacy Policy” link on the Site. The Privacy Policy details how we collect, use, store, protect, and disclose your information, including information processed by third-party tools like AI enhancers. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We implement commercially reasonable security measures to protect digital files but cannot guarantee absolute security. Payment information is handled by third-party processors (e.g., QuickBooks, Square, Wix Payments, PayPal) and is subject to their respective privacy policies.
- Ownership and Marketing Permissions.
- 5.1.Ownership of Service and Site. The Services and the Site, including all contents, features, and functionality (e.g., software, text, displays, images, video, audio, design, selection, arrangement) are owned by Memories Forward, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Service, except as necessary to use the Services as intended.
- 5.2.Ownership of Customer Materials. You retain full ownership rights to your original artifacts and the resulting digitized content (“Your Content”).
- 5.3.License Grant to Memories Forward. By submitting Your Content to us for the Services, you grant Memories Forward and its authorized third-party service providers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify (e.g., for restoration or AI enhancement), display, and perform Your Content solely for the purpose of providing the Services to you as described in these Terms and your Service Order. This license terminates when your digitized content is delivered and/or your storage subscription ends, except that Memories Forward may retain archival copies as described in our Privacy Policy or as required by law.
- 5.4.Marketing Permissions. Memories Forward may, from time to time, identify certain digitized images or content that would serve as excellent examples for our marketing or promotional materials. In such cases, we will contact you directly to request your explicit permission through a separate, simple licensing agreement. Granting such permission is entirely voluntary. If you grant permission, you may revoke it in writing, effective prospectively, according to the terms of that separate agreement. We will not use Your Content for marketing without your express written consent.
- 5.5.Handling and Retention of Physical Artifacts. We strive to return your original physical artifacts (photos, slides, tapes, etc.) as promptly as possible after scanning or photographing. For most customers, this will be within one month of receipt. Unless otherwise agreed in writing as part of a Service Order, we will retain physical items for no longer than four (4) weeks beyond the completion of digitization. You may instruct us to return them directly to your home or to a designated archive provider. Any deviation from this timeline must be documented in your Service Order. While we will make all efforts to arrange for a delivery of scanned items to you quickly, if an appropriate time is not identified, if necessary, Memories Forward may use a commercial shipping and delivery provider to return original items to you if you are unable to coordinate with Memories Forward for an appropriate in-person delivery at your residence.
- 5.6.Retention of Digital Artifacts. We will retain digital versions of your Materials for the duration of your active Service Order and for up to ten (10) years after the service period expires or is terminated, unless you request deletion sooner. We will honor reasonable requests to delete your digital files within a reasonable period of time. During the period we retain your digital content, we may use them internally to improve our services or develop personalized tools or products for you. We will not share, sell, or otherwise disclose your content to any third party without your explicit consent. Service Orders may further restrict the duration or scope of digital file retention. While Memories Forward may retain your digital files beyond the scope of a Service Order, we are not obligated to do so. Memories Forward may determine that file deletion is appropriate at any time after the expiration of a service order.
- Pricing, Estimates, Quotations, and Payment.
- 6.1.Estimates vs. Final Costs: All initial quotes provided before physical inspection of Materials are “best estimates.” Prices may be adjusted once we physically receive and evaluate the items to be scanned, based on quantity, condition, complexity, or type of media. The final binding price and scope of work will be detailed in the accepted Service Order.
- 6.2.Adjustable Packages & Quotes: For larger or complex projects, we reserve the right to adjust the cost based on the actual work required. We will notify you of any necessary adjustments and obtain your approval before proceeding with work beyond the initial quote. Tiered packages may be upgraded within the initial term by paying the price difference, as specified in an updated Service Order.
- 6.3.Deposit and Payment Terms: Payment terms are within our sole discretion. For custom quotes, a deposit may be required upon acceptance of the quote, with the amount and timing specified in the quote. Full payment is required before return shipment of original Materials and delivery of final digital files, unless otherwise specified in your Service Order. You agree to pay all charges incurred at the posted prices, including applicable taxes and shipping fees. We use third-party payment processors; you represent and warrant your payment information is accurate and authorized.
- 6.4.Deposit and Scheduling Policy. To schedule an initial on-site consultation, Memories Forward may require a non-refundable deposit, the amount and timing of which will be outlined in your initial Service Order. If requested, this deposit must be paid no later than two (2) business days prior to the scheduled visit. Failure to remit timely payment or if payment is returned for any reason may result in cancellation of the appointment. Any deposit paid will be credited toward the total due under the final approved Service Order. Deposits may be applied to a rescheduled visit if cancellation or reschedule request is received at least 24 hours prior to scheduled time. If a Memories Forward employee arrives at the location of the on-site meeting that will constitute a completed site visit. If you cancel after the Memories Forward employee arrives on site, the entire deposit amount may be forfeit.
- Prohibited Content and Acceptable Use.
- 7.1.You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to submit any Materials that: (a) Contain illegal, exploitative, obscene, defamatory, threatening, harassing, abusive, hateful, or otherwise objectionable content, as determined in our sole discretion. (b) Violate any applicable federal, state, local, or international law or regulation. (c) Infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. (d) Contain viruses, malware, or other technologically harmful material.
- 7.2.Memories Forward reserves the right, but has no obligation, to review submitted Materials. We reserve the absolute right, in our sole discretion, to refuse to process, to stop processing, or to delete any Materials we deem to be Prohibited Content or otherwise in violation of these Terms, without notice and without liability to you. We may also report any suspected illegal activity to appropriate law enforcement authorities and cooperate with them in any investigation. You acknowledge that due to the volume of materials processed, we cannot inspect every item, but reserve the right to act upon discovery of Prohibited Content.
- Customer Authority and Responsibility. You represent and warrant that you have the full legal right and authority to submit the artifacts and materials (“Materials”) to Memories Forward for the Services requested. You affirm that providing these Materials to us and our performance of the Services does not and will not infringe upon any third party’s copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights. You are solely responsible for ensuring you have obtained any necessary permissions or licenses related to the Materials before submitting them.
- Warranties, Disclaimers, and Liability Limitations.
- 9.1.Warranty Disclaimer. THE USE OF MEMORIES FORWARD AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEMORIES FORWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMORIES FORWARD MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- 9.2.Acknowledgment of Risk. YOU ACKNOWLEDGE AND AGREE THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS FOR DIGITIZATION, PARTICULARLY FOR OLDER, UNIQUE, OR FRAGILE ITEMS. HANDLING, CLEANING, RESTORATION, AND SCANNING PROCESSES, EVEN WHEN PERFORMED WITH CARE, MAY RESULT IN UNINTENTIONAL DAMAGE, DETERIORATION, OR LOSS. BY USING OUR SERVICES, YOU EXPRESSLY ACCEPT THIS RISK.
- 9.3.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MEMORIES FORWARD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON (INCLUDING BUT NOT LIMITED TO UNINTENTIONAL DAMAGE TO OR DESTRUCTION OF AN ARTIFACT DURING OUR HANDLING, PROCESSING, OR DIGITIZATION), AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE ORDER OUT OF WHICH THE LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Customer Account Management. You may be required to create an account to use certain features of the Services. You are responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. You agree to notify Memories Forward immediately of any unauthorized use of your account or any other breach of security. You must ensure that you exit from your account at the end of each session. Memories Forward is not liable for any loss or damage arising from your failure to comply with these requirements. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. The primary account holder (the individual accepting these Terms and responsible for payment) is responsible for all decisions regarding the account and Services. The primary account holder may designate other individuals as authorized recipients for communications or deliverables, as specified in the applicable Service Order.
- Indemnification. You agree to defend, indemnify, and hold harmless Memories Forward, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any claim regarding ownership or rights to the materials you submit, your submission of prohibited content, or any use of the Service’s content, services, and products other than as expressly authorized in these Terms.
- Miscellaneous.
- 12.1.Governing Law. All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.
- 12.2.Binding Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED IN ANY MANNER TO THESE TERMS OR YOUR USE OF THE SERVICES WHICH CANNOT BE AMICABLY RESOLVED SHALL BE SOLELY AND FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE A SINGLE ARBITRATOR SITTING IN ANN ARBOR, MICHIGAN (OR AS CLOSE THERETO AS POSSIBLE). THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATOR WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN. THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. EACH PARTY SHALL BEAR ITS OWN COSTS RELATING TO THE ARBITRATION PROCEEDINGS IRRESPECTIVE OF ITS OUTCOME, UNLESS THE ARBITRATOR DETERMINES THE CLAIM WAS FRIVOLOUS, IN WHICH CASE ATTORNEY’S FEES MAY BE AWARDED. NOTWITHSTANDING THE FOREGOING, ANY ACTION SEEKING INJUNCTIVE RELIEF MAY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION.
- 12.3.Class Action Waiver. YOU AND MEMORIES FORWARD AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AND WE BOTH HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- 12.4.Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU MUST NOTIFY MEMORIES FORWARD OF ANY CLAIM OR ISSUE RELATED TO YOUR ORDER OR THE SERVICES WITHIN THIRTY (30) DAYS AFTER THE RETURN SHIPMENT OF YOUR PHYSICAL MATERIALS OR THE DATE YOUR DIGITAL FILES ARE MADE AVAILABLE TO YOU, WHICHEVER IS LATER. FAILURE TO PROVIDE NOTICE WITHIN THIS PERIOD SHALL BE DEEMED A WAIVER OF SUCH CLAIM.
- 12.5.Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
- 12.6.Entire Agreement. These Terms, together with our Privacy Policy and any specific terms included in your final accepted Service Order, constitute the sole and entire agreement between you and Memories Forward regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. In the event of a conflict between these Terms and the specific terms of an accepted Service Order, the terms of the Service Order shall prevail for that specific order.
- 12.7.Waiver. No waiver by Memories Forward of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Memories Forward to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Memories Forward to be effective.
- 12.8.Force Majeure. Memories Forward will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- 12.9.Termination.
- By Company: Memories Forward reserves the right to terminate your access to the Services or cancel your Service Order, in whole or in part, for any reason, including but not limited to breach of these Terms or non-payment, upon reasonable written notice. Memories Forward may also terminate or suspend services immediately without notice if required by law or due to actions that compromise the security or integrity of our Services or other customers. Furthermore, Memories Forward may terminate this agreement and any ongoing services for convenience upon providing you with reasonable advance written notice. Upon termination for convenience by Memories Forward, we will return your physical Materials and provide any completed digitized work for which payment has been received, according to the return procedures outlined herein.
- By Customer: You may request termination of your Service Order or account by contacting us via the methods provided in Section 16. If you terminate after work has commenced on your Service Order or after a service period (e.g., for storage) has begun, any deposit or payment made for that order or period is non-refundable and considered forfeited, as compensation for resources allocated and work potentially performed. Upon receiving a termination request, we will cease further work (unless necessary to safely return Materials) and arrange for the return of your Materials as outlined in Section 2.
- 12.10.Refunds. Fees paid for Services rendered, including but not limited to digitization, restoration, handling, and storage, are generally non-refundable once work has commenced or after any initial cancellation window specified in the Service Order/Quote, except as explicitly stated otherwise in these Terms (e.g., Section 9.3 liability limit). No refunds, partial or full, will be issued for Services already performed or for service periods already commenced if you choose to terminate early. If Memories Forward offers specific physical products (distinct from the digitized files or standard return media like USB drives) and such a product is demonstrably defective upon receipt, refund or replacement options for that specific product may be available as determined by Memories Forward in its reasonable discretion.
- Eligibility. THE SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES. BY USING THESE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MEMORIES FORWARD AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES. YOU ALSO CERTIFY THAT ANY INFORMATION YOU PROVIDE DURING REGISTRATION OR ORDERING WILL BE TRUTHFUL AND ACCURATE.
- Acknowledgment of Terms at Multiple Stages. To ensure clarity and mutual understanding, Memories Forward presents these Terms of Service at multiple stages during the client engagement process. These may include:
- When a prospective customer schedules a free consultation.
- When a customer schedules a paid on-site (home) visit and submits a deposit.
- When the customer approves a final Service Order, prior to or during pickup of physical Materials.
- You may be asked to affirmatively agree to these Terms by checking a box online or by signing a paper or digital form during an in-home visit. Acceptance at any of these points shall constitute binding agreement to these Terms, which apply throughout the entire duration of the Service engagement.