Updated June 1, 2023
Service Terms and Conditions
Services Provided
These Terms of Service are entered into by and between you and Cherish My Past ("CMP," "we," "us," or "our"). For simplicity in these Services Terms and Conditions (“Terms”), all these services may be collectively referred to as "Services." Please read the Service Terms carefully before you start to use the Services. By accepting these Terms though downloading, installing, using, making purchases through or accessing the Service, or otherwise electronically indicating your acceptance, you accept and agree to be bound and abide by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case “you” or “your” shall refer to such entity.
Cherish My Past, a member d/b/a of Blue Thread Solutions LLC, offers a range of services listed below.
Memories for Generations consultations: We provide comprehensive consultations to help you plan and execute your memory preservation projects. Our Specialists offer valuable insights and recommendations tailored to your specific needs and goals. This may include advice on how you can do the projects as a do-it-yourself coaching session, or have our specialists do the work for you.
Memories Revived is a project that creates a digital archive. We carefully organize and digitize your personal items, such as photos, home movies (VHS and 8mm cassette), and audio recordings, converting them into high-quality digital formats.
Ancestral Journeys: Embark on a meaningful ancestral journey, tracing your family's roots and exploring your heritage. Our experienced specialists can assist you in uncovering fascinating details about your ancestors and their lives through do-it-yourself coaching sessions, or have our specialists do the work for you. Our intent with this service is to ultimately teach you how to conduct your own research after we help you create the project template and competence to do so.
Timeless Treasures is a recorded historical interview with a VIP family member. Capture the wisdom and stories of your loved ones through our professional interview services. We conduct insightful interviews, preserving their memories and creating a cherished legacy for future generations.
Celebration of Life services could be a simple as helping families create a photo montage to be played at a traditional funeral reception through a full-scale event planning service that performs all the logistical planning and execution of an incredible event. Celebrate the lives of your loved ones with beautifully curated events and gatherings. Our event planning services help you create memorable occasions to honor important milestones and memories.
Customer Service: Our dedicated team provides exceptional customer service, guiding you through the entire process and addressing any questions or concerns you may have.
Service Availability
Cherish My Past is proud to offer our services in the following markets: Asheville, Fort Wayne, Indianapolis, and South Bend. If you reside within these areas, we are delighted to assist you with your memory preservation and sharing projects.
For potential clients outside of these markets, please contact us directly to inquire about the availability of our services in your area. We understand the importance of preserving your family's memories regardless of your location and will do our best to accommodate your needs. Our team will provide you with information on alternative options or potential future expansions of our service areas.
At CMP, we are committed to providing exceptional service and ensuring that every client has the opportunity to cherish their past. We appreciate your understanding and look forward to exploring how we can assist you in preserving your precious memories, no matter where you are located.
Onsite Services and Offsite Video Archiving
At Cherish My Past, we understand the importance of convenience and personalization in preserving your cherished memories. That's why we offer onsite services in the comfort of your own home for Memories Revived photo and document digitization and Timeless Treasures recorded interviews. Our team of specialists will visit your location equipped with the necessary equipment to provide these services.
For video archiving within Memories Revived, we may offer offsite digitization services in certain cases. The decision to perform offsite digitization will depend on factors such as the number of tapes, their condition, and whether the client is also utilizing our photo and document digitization services. Please note that offsite video digitization requires additional time due to the meticulous and labor-intensive process involved.
We reserve the right to deny service if the photos or videos provided are in poor condition and pose a risk of potential damage to our equipment. Our priority is to ensure the safety and preservation of your memories while maintaining the quality of our services.
If you have any questions about our onsite services, offsite video archiving, or the condition of your photos and videos, please don't hesitate to contact us. We are here to assist you in every step of the process, providing you with exceptional service and helping you cherish your past for generations to come.
Geographic Restrictions
The owner of the Service is based in the State of Indiana in the United States. We provide this Service for use only by persons located in the States of Indiana and North Carolina. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Ordering and Confirmation:
By placing an order ("Order") through our website store portal for our Services, you agree to these Terms of Service. Upon placing an Order, you will receive a confirmation email ("Order Confirmation") detailing the Services to be performed. These Terms of Service prevail over any other documentation, and any variations issued by the Buyer are expressly excluded.
Eligibility and Order Acceptance
We have the right to accept or reject any Order at our discretion. If the Buyer violates their obligations or payment terms, falsely accuses CMP, or for any other valid reason determined by us, we may cancel the Order without liability. You agree that your order is an offer to buy, under these Service Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Unlawful Submissions
By submitting an Order, you warrant that the Materials (such as photos, videos, or documents) provided do not violate copyright laws, and you have the necessary rights to permit duplication. Materials should not be libelous, offensive, or violate any state or federal laws or third-party rights.
Prices and Payment Terms
All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes. All such taxes and charges will be added to your total, and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or other form of payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such source of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Gift Cards
Gift cards and/or gift certificates are not redeemable for cash and cannot be returned for a cash refund. CMP is not responsible for lost or stolen gift cards or gift certificates. If any order exceeds the value of the gift card or gift certificate, the balance of the order must be paid with a valid source of payment at the time of placing an order.
Shipping and Return Policy
On the rare occasion that the buyer must ship items to one of our service locations, the Buyer assumes the risk of loss during shipping. CMP is not responsible for late, lost, damaged, or misdirected mail. Returns are accepted within 30 days of completion, subject to certain conditions. Materials damaged in transit will be reviewed and, if eligible, repaired or replaced.
Consultation Special Offer
The Memory for Generations Consultation Special is a discount offered up to 75% off the $200 value. This service is intended to help the client determine their goals for memory preservation projects and the best course of action. This is a one-hour consultation where our Specialist will quickly assess the situation and offer perspective on how the client can achieve their goals as a do-it-yourself project with coaching or having our specialists complete the work. If the client chooses to have our Specialists perform any of the project tasks, the consult fee will be applied to any project agreed upon with 30-days of the consult. Offer valid only for clients living within the boundaries of the regional markets of Fort Wayne, Indianapolis, South Bend, and Asheville.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CMP OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ITS CONTENT, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. CMP MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERICE OR THE SERVICES WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CMP FOR THE APPLICABLE SERVICE UNDER THESE TERMS OF SERVICE FOR THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRIOR TO WHEN ANY CLAIM OR CAUSE OF ACTION AROSE., OR $100, WHICHEVER IS LESS.
YOU USE THE SERVICE AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CMP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Links from our Service
If our Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Backup and Cloud Digital Delivery
CMP offers backup and cloud digital delivery services. You acknowledge that we do not control the hosting environment, its security, or authenticity. CMP disclaims liability for any issues related to cloud digital delivery and the loss, damage, or availability of Digitized Materials. Prior to final balance paid by client, CMP Specialist will demonstrate usable access of archive on the handheld device and / or cloud based service of the client’s choice.
Amendment and Termination
CMP may amend and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. We reserve the right to terminate services, restrict access, or cancel an Order for non-compliance.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
CMP may make modifications to the Service or particular components of the Service and will use commercially reasonable efforts to notify users of any material modifications. CMP reserves the right to discontinue offering the Service in its sole discretion without any liability to CMP.
We may from time to time in our sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Service will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available updates. You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of these Terms of Service.
Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cherish My Past, 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 of Service permit you to use the Service for your personal, non-commercial use only. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, provided users are permitted to maintain a copy for personal use for purposes of your engagement with the Service; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Service; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by CMP. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Service Terms and may violate copyright, trademark, and other laws.
Release
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE CHERISH MY PAST, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR MINOR CHILD(REN)'S USE OF THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE SERVICE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
Indemnification
You agree to defend, indemnify, and hold harmless CMP, 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 of Service or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
Force majeure
If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which CMP relies (including but not limited to, any outage in hosting services provided by a third-party host for CMP online services); or any other unforeseen and external occurrence for which CMP is not responsible and could not predict which is required for the performance of its obligations, then CMP will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.
Governing Law and Arbitration
These Terms of Service are governed by the laws of the State of Indiana. Any disputes shall be resolved through binding arbitration, and both parties waive their rights to bring claims in a class action or representative capacity.
Merger
These Terms of Service, together with the Privacy Policy, and written Service Agreement Terms, represent the full agreement between you and CMP. No other representations (besides the individual price quote you are given for CMP services), whether oral or written, form any part of your agreement with CMP. Additionally, these Terms of Service cannot be orally modified, even by CMP personnel, and no provisions of it can be waived by either party except in writing.
Severability
If any court or other body of competent jurisdiction declares any part of this Agreement to be unenforceable, then that part will be deemed severed, and the enforceability of the remaining parts will not be affected. The unenforceable part will simply not be considered to be part of this Agreement.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Third-Party Pixels and Cookies
By visiting our website, you agree that third-party pixels and cookies may be used for data collection and targeted advertising purposes. You may opt out of receiving such advertising by notifying us in writing at Info@CherishMyPast.com.
These Terms of Service represent the agreement between you and Cherish My Past. Please read them carefully before placing an Order in our online store or through direct contact with a CMP Specialist.
Your Comments and Concerns
This Service is operated by Cherish My Past (a member d/b/a of Blue Thread Solutions LLC), 50604 Stonington Drive, Granger, IN 46530.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: Info@CherishMyPast.com.