In order to access and use certain FOREVER Services, you will need to originate an Account with FOREVER. When originating an Account, you are required to establish a username and a password. You may originate:

• a FOREVER Account (also called a FOREVER Permanent Cloud Storage Account or a Guaranteed Account) by purchasing FOREVER Permanent Cloud Storage ("FOREVER Storage"), and agreeing to these Terms; or
• an Intro Account, (also called an Introductory or Free Account) by registering and agreeing to these Terms.

Throughout these Terms, where we use the word "Account" or "Accounts", we are referring to both FOREVER Accounts and Intro Accounts. There are certain roles that may be associated with each Account, including:

• an "Account Originator" who opens the Account and pays any fees required to access FOREVER Services;
• a FOREVER Storage Account Owner ("Account Owner") or "Intro Account User" who the Account is for or about (may be the same person as the Account Originator); and
• one or more "Account Managers" who may have certain permissions to manage and control a FOREVER Account after the death of an Account Owner, or during the life of an Account Owner with the Account Owner's permission.

You may originate an Account for yourself (you are both the Account Originator and the Account Owner), or you may originate a FOREVER Account as a gift for another person, for example, a close friend or relative, or to honor a deceased family member, or you may originate an Intro Account on behalf of someone to help get them started using FOREVER. In all cases, if you originate an Account for someone besides yourself, you represent that you are a friend or family member of the Account Owner, or a media organizer acting on behalf of the Account Owner and that you have the Account Owner's permission to originate the Account. If you act as an Account Originator, you represent that you are acting in good faith for the benefit of the Account Owner. By originating an Account, you represent that you are not a person barred from receiving services under the laws of the United States of America or another applicable jurisdiction. To originate an Account, you also represent that you are of legal age to form a binding contract, and you agree to provide accurate, current and complete information about the Account.

When originating an Account, you must not:

• provide any false information to us;
• create an Account for any other living person other than yourself, unless you have the other person's permission, or you have legal authority to enter into a binding legal contract on behalf of the other person (such as Power of Attorney), or you are originating an Account as a gift for a close family member or friend, or to honor a deceased family member;
• use a username that is the name of another person with the intent to impersonate that person;
• use a username that is subject to rights of another person without appropriate authorization; or
• use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate an Account if any information provided during the origination process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create that violates our Terms.

In some cases, visitors to www.forever.com or users of our free mobile apps (collectively "Visitors") can be users of FOREVER Services before they originate an Account. All provisions of these Terms apply to Visitors.

We also refer to Account Originators, Account Owners, Account Managers, Intro Account Holders, Visitors, or any other users of FOREVER Services collectively as FOREVER clients ("Clients").

You are responsible for maintaining the confidentiality of your password and Account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You must not share your username and password with others. You are solely responsible for activities that occur within your Account, and you are responsible for any loss or misuse of your Content or breach of ownership or intellectual property rights by any third parties if you fail to maintain the confidentiality of your password and Account.

Certain FOREVER Services may enable you to link your Account to various email, webmail, social networking, cloud storage, photo management and other third-party online accounts. Certain FOREVER Services may access and retrieve your Account information from these sites on your behalf (in some cases, by using your username and password) to make information or services available to you. By linking your other accounts, you expressly authorize us to access your Account information from those third-party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your Account information to provide FOREVER Services. FOREVER is not responsible for any security breaches or the reposting of any information through other sites or services to which you link your FOREVER Account.

We provide web, mobile, and desktop software applications, and use of our websites (located at www.forever.com and www.foreverbox.com), to enable you to access and use your Account at FOREVER. Provided you comply with these Terms, we grant you a limited, nonexclusive, revocable, non-assignable (except as provided in these Terms), license to access and use FOREVER Services for your own personal use through a generally available web browser or supported mobile device, and to download and install a copy of the Company's mobile applications to your mobile device. Under this limited license, you must not:

• copy, modify or distribute FOREVER Services for any purpose;
• sell, transfer, sublicense, lease, lend, rent or otherwise distribute FOREVER Services to any third party;
• decompile, reverse-engineer, disassemble, or create derivative works of FOREVER Services;
• make the functionality of FOREVER Services available to multiple users through any means;
• upload viruses, spyware, malware, Trojan horses, worms, spiders, robots, crawlers, automatic software or other malicious software to the FOREVER Services; or
• use FOREVER Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

When purchasing a FOREVER® Digitization Box or other digitization services from us, you understand that we receive a variety of physical materials from you, including but not necessarily limited to personal (home-made) movies, film reels, videos, photos, tapes, slides, negatives, documents, and audio recordings ("Materials"). We take these Materials, organize and digitize them, and save them in your secure Account in the cloud, and or onto a thumb drive or DVD, depending upon what you request. We offer customer service and various communications with you during this process. In addition, we provide tracking, barcoding, and real-time updates to you.

For ease of explanation and marketing purposes, your physical Materials can be grouped together and described as being an "Item". Single Items are defined as follows:

• One video tape (VHS, or Beta, or Hi8, or mini DV) = One Item
• One DVD = One Item
• One ¾ inch U-matic = One Item
• One audio tape or record (one cassette, one record, one 8-track tape, or one reel-to-reel tape) = One Item
• One film reel (8mm up to 50 ft., or Super 8mm up to 50 ft., or 16 mm up to 50 ft.) = One Item
• One set of up to 25 photo prints = One Item
• One set of up to 25 photo slides = One Item
• One set of up to 25 negatives = One Item

FOREVER may change or add to its Item description at any time.

If you purchase a FOREVER Digitization Box, or other digitization service from us, you must submit all physical Materials for transfer or digitization to us within 12 months of your box purchase. If you wish to redeem your FOREVER Digitization Box or other digitization service more than 12 months after your purchase date, please contact FOREVER Client Care at 1-888-FOREVER (1-888-367-3837) or support@forever.com.

By submitting a Digitization Order to us, you represent and warrant the following:

• You are not submitting any Materials in violation of any copyright laws.
• Any Materials you submit were either created by you, you have the right to permit FOREVER to perform digitization services, or you have the permission of the copyright owner to digitize the submitted Materials.
• No Materials you submit are libelous, obscene (pornographic), offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal laws or the rights of a third party.

We do not have an obligation to review or edit any Materials you submit for digitization, or to monitor your use of FOREVER digitization services. Furthermore, you agree and acknowledge that due to the volume of our digitization operation, we cannot fully inspect all the information within the Materials you submit to us. Therefore, we digitize all Materials you send.

Even though we have no obligation to review or edit any materials you submit, we reserve the right to monitor and review Materials and digital Content generated from those Materials for the purpose of operating FOREVER Services and to ensure your compliance with these Terms. In the process of operating FOREVER Services, we may discover that the content saved within the Materials you submitted to us (the "Content") and/or your specific request for digitization services with regard to those Materials violates state, provincial, federal, and or national laws (for example child pornography). In the event of such a discovery we will take any and all steps necessary to comply with applicable laws, including, but not limited to, immediately reporting the violation to the relevant governmental authorities.

If at the end of our digitization process, we discover copyrighted Content, we will upload this digital Content to your Account. It is your responsibility to make sure you have a personal license to view and or listen to this Content or to obtain written permission from the copyright owner to duplicate and use this Content. It is your responsibility to remain in compliance with copyright laws at all times. You understand that you must delete any copyrighted Content from your account that you are not legally allowed to listen to, view, duplicate or use. For more on our general copyright policy, see section "6.2 Acceptable Use" and section "8. Copyright Policy" of this document.

If at the end of our digitization process, we discover obscene or pornographic Content (also referred to as sensitive or inappropriate Content), we will NOT upload it to your Account and will delete this digital Content. [Note that as of the date of these Terms (after over eleven years in business), we have never discovered Content in an Account or through the digitization process that is in violation of any laws. However, we do discover Content that is legal, but sensitive and inappropriate on a fairly regular basis such as pornography. Usually, the Client who sends the Material containing this sensitive or inappropriate content to us is not even aware that the Materials they have sent contain this Content, since the Materials are decades old, and may have been created or saved by people who are no longer even alive. Our normal process in these situations is to simply notify the Client who sent us the Material and with their permission quietly destroy and or delete the Material and Content in question.]

If at the end of our digitization process, we discover that a video, film, or audio tape is blank, we will reprocess the Material to verify there is no Content present. Once we verify the video, film, or audio tape is blank, we will NOT upload the blank Content to your Account.

Because these discoveries happen at the end of our digitization process and require extra time and effort from our team, and in some cases extra equipment time, we do not issue partial or full refunds for any Materials we digitize that are copyrighted, sensitive/inappropriate, or blank.

In all cases except a legal violation, we will send your original physical Materials back to you unless you authorize us to destroy them.

See Section 6.2 for more on "Acceptable use" of FOREVER Services.2.2. b Risk of Loss.

Using our own facilities, equipment, and employees, we provide the service of digitizing your Content from the various Materials you send to us and then saving the resulting digital files to various locations, including your Account. We provide the services of shipping the Materials to or from our facilities through a third-party shipping company, currently FedEx (in our opinion the highest quality, most reliable large scale shipping company available). While your Materials are in the possession of the third-party shipper (FedEx or any other company we may switch to in the future), they bear the risk of loss or damage under the provisions of their terms of service. The risk of loss of or damage to your Materials passes to us only when your Materials are physically located at our facilities.

Loss or damage during shipping or the digitization process is extremely rare. However, the safety and longevity of your Content cannot be fully guaranteed until it has been successfully digitized and preserved with guaranteed FOREVER permanent cloud storage in your FOREVER Account.

Therefore, while we guarantee the long-term preservation and availability of your Content once it is saved within your FOREVER Account (see Section 4 of these Terms below), we cannot and do not guarantee that your Materials will not be damaged while in the possession of the 3rd party shipping carrier or in our possession at our facilities. You understand that there is inherent risk in sending your Materials to us and you recognize that you may not receive your Materials back, and/or you may not receive your Materials back in the same condition they were in when you sent them to us. By purchasing a FOREVER Digitization Box or other digitization service, you agree to our Limitation of Liability as described in Section 14 of these Terms of Service. BY SHIPPING MATERIALS TO OUR DIGITIZION FACILITY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR LATE, LOST, DAMAGED, OR MISDIRECTED SHIPMENTS

In response to these risks, we take great measures to ensure the safety of every Box that is sent to our facilities. Our standard safety protocols include sophisticated bar coding and tracking systems for your Materials while they are in our care, secure video monitoring of the entire digitization process, investment in the highest quality digitization equipment, 60-day onsite digital back up, and the shipment of FOREVER Boxes through FedEx, the most trusted shipping carrier available.

For the first 60 days after your Content has been digitized, you may view it in your Account with virtually any computer or mobile device which is connected to the internet and download your Content to your computer or other storage facilities as you desire, regardless of the amount of FOREVER Storage capacity you own in your Account.

If you are a current FOREVER client with sufficient FOREVER Permanent Cloud Storage capacity to store your newly digitized files, then we will automatically add your new digital Content to your FOREVER Account where you can keep it for as long as you want. New and existing Clients without sufficient FOREVER Permanent Cloud Storage capacity in their Accounts will have the option to purchase more FOREVER Permanent Cloud Storage to permanently preserve their digitized memories.

If after 60 days, you do not own sufficient permanent storage capacity in your FOREVER Account, then you will no longer have access to your digitized files in your Account. In this case, FOREVER will continue to store your digital files for one year in long-term, low-access storage. If you would like to retrieve your files from this long-term storage, you must reach out to FOREVER Client Care at 1-888-FOREVER (1-888-367-3837) or support@forever.com and request access since FOREVER may be able to recover your digital files for a fee. This long-term, low-access storage is not guaranteed, nor is it covered by the FOREVER® Guarantee (see section 4.1 of these Terms).

FOREVER Club is a service for active, living FOREVER Clients through which you can deposit money at various levels on a monthly basis into a FOREVER Club Account held by the Company (a "Club Account"), with the value of the funds deposited available at any time to you to pay for almost all FOREVER Services at your discretion. If you are actively paying into a Club Account, then you are referred to as a "Club Member" and you receive benefits including 5% off most FOREVER Services (stackable on top of any other discounts then being offered), and a quarterly grant of FOREVER Storage capacity ("Additional Benefits").

While the value of deposits into Club Accounts can be used at any time to purchase almost all FOREVER Services, they are non-refundable and non-redeemable in cash. If you are a Club Member and you stop depositing funds into your Club Account, you lose the Additional Benefits, but can continue spending the value of your unspent previous Club Deposits with no time limit until your Club Account balance reaches zero. At this point, your Club Account would be closed.

If you are a Club Member and you die, you will no longer deposit funds into your Club Account and will lose the Additional Benefits. However, any positive value in your Club Account can be spent by one or more of your designated Account Managers - or FOREVER acting as your default Account Manager with authorization from a proven close family member - to benefit your Account. For instance, your Account Managers or a proven close family member may determine that you need more FOREVER Storage to accommodate additional uploads to your FOREVER Account. Any positive value in your Club Account can be used to purchase this additional FOREVER Storage. Proven close family members can also seek FOREVER approval to use any positive value in your Club Account to benefit their own FOREVER Accounts. Once your Club Account balance reaches zero, your Club Account will be closed.

We have a sales affiliate program which we refer to as our Ambassador Program, and we call our sales affiliates FOREVER Ambassadors ("Ambassadors"). Ambassadors educate and inform new potential Clients about FOREVER Services and also provide ongoing coaching, support, and assistance to existing Clients. We call these efforts "Ambassador Services." FOREVER makes Ambassador Services available to Clients to help them understand and get the most from FOREVER Services. By choosing to engage with FOREVER Ambassador Services, you agree that we will share some of your personal information with your FOREVER Ambassador so that they can deliver FOREVER Services to you and improve or customize your FOREVER experience in their role as a FOREVER Ambassador. This personal information includes, but is not limited to, your name, email address, mobile phone number, other contact information (including shipping address), and purchase history.

Ambassadors are under legal agreement with FOREVER to use this information solely to perform services on your behalf and not to disclose your information or use it for any other purposes. By selecting a FOREVER Ambassador, you acknowledge that we have the right to share this personal information with your Ambassador. FOREVER is not responsible for the actions of FOREVER Ambassadors, nor are we responsible for any additional information you provide directly to your Ambassador.

You can choose an Ambassador by going to your Account Settings within your FOREVER Account, selecting the "My Ambassador" tab, clicking "Find My Ambassador," and then searching for an Ambassador by name or location. You can also choose an Ambassador by using a specific Ambassador's share link, or by contacting FOREVER Client Care at 1-888-FOREVER (1-888-367-3837) or support@FOREVER.com.

Choosing a FOREVER Ambassador is not required to purchase or use FOREVER Services. If you have an Ambassador, at any time you can end that Service by going to the "My Ambassador" tab in your Account Settings. Simply remove your Ambassador from your FOREVER Account, or, if you wish, you can choose to receive services from a different Ambassador. You can also reach out to FOREVER Client Care at 1-888-FOREVER (1-888-367-3837) or support@FOREVER.com. Once you make a change, we will stop sharing your personal information with your former Ambassador.

FOREVER Ambassador Services are provided to you and all Clients at no cost to you. The prices you pay for FOREVER Services (including Digitization, Print, Permanent Storage, Digital Art, Desktop Software, FOREVER Premium, Genealogical Research, etc.) are the same whether or not you use Ambassador Services.

Some FOREVER Ambassadors offer services in addition to FOREVER Ambassador Services. These non-FOREVER Services include, but are not limited to, services like photo organizing, photography, in-depth technical support, and in-depth coaching. These additional services may be offered directly to you and all Clients by FOREVER Ambassadors for additional fees negotiated between you and your FOREVER Ambassador. Those additional service offerings are unique to each FOREVER Ambassador and are not covered by these Terms of Service.

If you access or download any FOREVER Services from a third-party distribution platform or app store where we make our applications available ("Reseller"), you acknowledge and agree that these Terms apply between you and FOREVER, and not any additional or different terms of the Reseller.

You agree that you will not do any of the following while using or accessing FOREVER Services:

• attempt to access or search FOREVER Services or download information or data 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 us or other generally available third-party web browsers;
• access, tamper with, or use non-public areas of FOREVER Services, our computer systems, or the technical delivery systems of our providers;
• gather and use information, such as other users' names, real names, or email addresses, to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
• use FOREVER Services for any commercial purpose, or for the benefit of any third party, or in any manner not authorized by these Terms [Note: FOREVER Ambassadors use FOREVER Services for authorized commercial purposes to serve Clients, as governed by a separate Ambassador Agreement];
• violate any applicable law or regulation; or
• encourage or enable any other individual or entity to do any of the foregoing. We reserve the right to investigate violations of any of the above and involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

We may modify, update, improve, replace or discontinue features, functionality or services within FOREVER Services from time to time in our sole discretion. We will endeavor to notify you of material changes, but there may be instances when we make changes without notice to you.

We enable or intend to enable you to upload, store, post, link, access, view and share information, photographs, images, graphics, videos, films, songs, sounds, audio recordings and clips, artistic works, text, writing, stories, letters, comments, posts, submissions, questions, documents, files, data, software, scripts, material and other content ("Content") using FOREVER Services. You retain full ownership and all of your intellectual property rights to the Content you store using FOREVER Services, and you are responsible for protecting those rights. You are responsible for your Content, including its legality and appropriateness.

Working design files created as part of your use of FOREVER® Auto Print and FOREVER® Create and Print are a feature of FOREVER Services and not considered to be your Content. They are not owned by you even though they are associated with your FOREVER Account. As a feature of FOREVER Services, we can update, improve, revise, retire, or remove these design files at any time. These changes could affect the print project file that you have created. However, these changes do not affect any portable document format (pdf) versions of the print project stored in your FOREVER Account. We create these pdfs when you purchase your designs as a print product. Once you have purchased these pdfs, they are subsequently owned by you, considered to be your Content, stored in your FOREVER Account independent of the original design files, and remain intact and in your FOREVER Account even when design files and templates are changed or removed from our platform. Printed pdfs also count against your storage utilization and are subject to the FOREVER Guarantee (see section "4.1 FOREVER Guarantee" for more information). In addition, all project files that you create in your FOREVER Account that have not been printed will be deleted after 1 year of inactivity. When design files are revised or removed from your FOREVER Account, we may send you an email notification, or communicate revisions in articles we post on our blog. However, we are under no obligation to provide this communication and there may be instances when we make changes without notice to you.

We do not claim ownership to any of your Content, and these Terms do not grant us any intellectual property rights to your Content. However, in order to maintain your Account and provide Forever Services to you, we need certain permissions to manage your Content, such as hosting and backing up your files, and sharing your Content at your request with your connections, and or sharing your Content at your request with the public. You grant us rights and permissions to store and access your Content in order to:

• copy your Content for backup purposes,
• copy or modify your Content to enable future access in then contemporary file formats over time;
• access your Content to provide technical or customer support; and
• share your Content as directed by you or in accordance with these Terms. These permissions extend to authorized third parties who may provide services to FOREVER under legal agreements that enable access to your Content solely to perform services on our behalf and not to disclose that Content or use it for any other purposes.

We provide several privacy layers that enable you to control how you store and share your Content with other people. These privacy layers include:

Public.

Content you place in the Public layer of your Account will be visible and accessible to other Account Owners, Intro Account Users, anybody who visits the FOREVER website, and the general public through web searches, email links, and similar services.

Connections.

Content you place in this layer will be accessible through the FOREVER website only by friends, family members, or other FOREVER Connections designated by you.

Private.

Content you place in this layer will be accessible through the FOREVER site solely by you, or one or more persons designated by you as an Account Manager or through a private share link generated by you.

You are not required to have an Account Manager (see Section 4.4b), but if you choose to assign an Account Manager, she or he will be able to access your account and see all of your privacy layers as well as any content that your FOREVER Connections have shared with you.

We will take all reasonable measures to maintain the privacy and security of your Content according to the privacy layer in which you choose to store your Content, and will only disclose or share Content with others:

• as directed by you (or after your lifetime by your designated Account Manager or the FOREVER Default Legacy settings as part of our Preservation Policy), including to designated people within your 'Connections' privacy layer, or to the general public in the case of Content placed in the 'Public' layer;
• if FOREVER believes disclosure is reasonably necessary to comply with legal processes, including but not limited to civil and criminal subpoenas, court orders, or other disclosures required by law; or
• in accordance with these Terms. Please note that despite our best efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

You are responsible for storing and maintaining your Content at the appropriate privacy layer, and for how you share your Content or communicate with other people. We are not responsible for any Content that you share with others or that you make publicly available, or that we enable you to share or make publicly available in accordance with these Terms. We are not responsible for any loss or misuse of Content or breach of ownership or intellectual property rights by any third parties who were provided access by you, whether directly or by linking your Account to third party sites or services, or in accordance with these Terms.

You represent and warrant that:

• you own your Content, or you have the right to use it and grant us the rights and licenses as provided in these Terms, and
• the digitizing, transferring, uploading, storing, linking, sharing or posting of your Content on or through FOREVER Services is not unlawful and does not violate the privacy rights, publicity rights, copyrights, other intellectual property rights or contract rights or any other rights of any person.

If you choose to make your Content publicly available using FOREVER Services ("Public Content"), you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Public Content on and through FOREVER Services and other third-party websites and services. You agree that this license includes the right for us to make your Public Content available to the general public. We may use your Public Content to improve our digital marketing, and brand awareness. We will notify you prior to using your Public Content for any FOREVER marketing or brand-awareness campaigns, and you will have 48 hours to decline our request. Failure to decline our request within 48 hours will be deemed a grant of permission; however, we will cease using your Public Content for a FOREVER marketing or brand-awareness campaign at any time at your written request. For clarity, we may re-post or share your social media posts without seeking prior permission. Please consider carefully the Content you choose to make publicly available in your public layer, as others may copy it, modify it, or re-share it. We have no responsibility for Content you choose to make publicly available except to maintain the availability of Content in your Public layer.

You may modify, delete or remove your Content at any time, except to the extent you have shared your Content with others who may have copied, saved and not deleted it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on FOREVER Services or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on FOREVER Services.

If you have originated a FOREVER Account and provided that you have paid all required fees for your FOREVER® Permanent Cloud Storage, FOREVER provides a guarantee of preservation for your FOREVER Account and Content and enables you to control how your Content is preserved during your lifetime and after your death. In the case of a purchase under a payment plan, your storage will be permanent only to the extent you have completed payment for that storage (please see Section 4.5 below). Please note that this entire Section 4 does not apply to or protect Intro Accounts (formerly Introductory or Free Accounts).

Subject to these Terms, we guarantee that when you purchase FOREVER Permanent Cloud Storage capacity as measured in gigabytes or terabytes (FOREVER Storage) within your FOREVER Account, that your Content within that storage capacity will be preserved and accessible (using then current formats and supported devices based on our best judgment and assessment of future technology) in your FOREVER Account for the lifetime of the Account Owner and 100 years thereafter (the "Guarantee Period"). For FOREVER Accounts established by organizations, governmental entities, corporate entities, partnerships, other legal entities, or to memorialize a person who is already deceased, the Guarantee Period is 100 years from the date the Account is opened. For FOREVER Accounts established by married couples, the Guarantee Period is 100 years after the lifetime of the last surviving spouse or partner.

In order to provide FOREVER Permanent Cloud Storage and Sharing and Permanent Video Streaming services to you and your descendants, we incur both near-term and long-term costs. When you buy FOREVER Storage or FOREVER permanent streaming video, we retain 48% of your payments within the FOREVER operating company to cover our near-team costs of acquiring and supporting Account Owners, and the costs of secure cloud storage, sharing, and or streaming for the first year. To cover our long-term costs, we transfer the remaining 52% of the fees you pay for FOREVER Storage and Permanent Video Streaming into the FOREVER® Guarantee Fund, investing those funds, and managing the FOREVER Guarantee Fund, in accordance with the FOREVER Guarantee Fund Investment Policy.

You acknowledge and agree that we cannot guarantee that we will be able to preserve your FOREVER Account or Content after the 100-year Guarantee Period. However, our goal is to preserve your Content on a much longer-term basis, for many, many generations beyond the Guarantee Period (hopefully many hundreds of years or longer), and we will endeavor to achieve this goal. Our service is designed to preserve your Content through natural disasters, wars, terrorism, economic depressions, technological transformations, migrations, colonizations beyond the Earth, and other events that cause major disruptions or changes in society. We secure your Content using high quality, secure and redundant cloud storage at multiple datacenters at geographically diverse locations. We have risk management, backup, and recovery plans to restore access to your Content as soon as reasonably practical in the event of a major societal disruption or transformation.

FOREVER enables you to determine how your FOREVER Account and Content is preserved and managed after your death.

At present or in the future as our functionality expands, you may specify through your Legacy settings any changes to your FOREVER Account and Content that will become effective upon your death, and/or at specified date(s) in the future (such as 25 years after your death). Settings may include:

• Content to be preserved that may not be viewed, copied, modified, edited, altered, removed or deleted;
• Content to be removed or deleted;
• Content to be moved from one privacy layer to another, such as from your 'Private' to 'Connections' layer;
• whether Content or new posts or links may be added by people on your 'Private' or 'Connections' lists, or by members of the general public;
• additions, changes, or deletions to your 'Private' or 'Connections' lists and what rights those designated people have to access, view, add, post, link, copy, download or modify your Content; or
• removal of any Account Managers (see below).

In the Account settings, you may designate an Account Manager who can have access to your Account for the purpose of helping you to organize or manage your Account. You are not required to have an Account Manager. If you do not designate an Account Manager, then we will act as your Account Manager and manage your Content as you have designated in your Legacy settings or if you have not specified how your FOREVER Account and Content are to be preserved in your Legacy settings then the FOREVER Default Legacy Settings will apply to your FOREVER Account (see section 4.5). However, you may designate a sequence of people to act as Account Managers for your FOREVER Account. You may grant an Account Manager full or partial control over your FOREVER Account and Content, including the ability to perform some or all of the following actions:

• upload, add, access, view, modify, edit, link, post, download, and copy Content;
• modify the privacy layers at which Content is stored, or
• add, change or delete people who have access to Content at 'Connections' and 'Private' layers, and the rights those designated people have to access, view, add, post, link, copy or download Content. Your Account Manager will not be able to delete or remove content, alter your Legacy settings, or make purchases and check out using your cart. Your 1st Account Manager will retain the rights granted by you until the end of the Account Manager's lifetime, unless the Account Manager relinquishes control earlier, at which time the 1st Manager's powers will transfer to your 2nd Account Manager, and so forth. FOREVER will enable your Account Managers to create a username and password and exercise powers over your FOREVER Account either during your lifetime, upon your death, or at a future date specified by you. Each Account Manager must agree to be bound by these Terms.

You acknowledge and agree that upon your death:

• We will preserve your FOREVER Account and Content after your death in accordance with your Legacy settings, and you grant us full authority and powers to manage your FOREVER Account and Content in accordance with those instructions and these Terms;
• We will permanently disable your username and password and prevent any access or use of your FOREVER Account using your username or password; and
• if an Account Manager was not designated or no longer exists for your FOREVER Account at some point in the future, FOREVER will preserve your FOREVER Account and Content by applying the FOREVER Default Legacy Settings.

If you have not specified how your FOREVER Account and Content are to be preserved in your Legacy settings, then upon your death, you acknowledge and agree that we will preserve your FOREVER Account and Content in accordance with the FOREVER default Legacy settings ("Default Legacy Settings"), and you grant us full authority and powers to manage your Account and Content in accordance with the Default Legacy Settings and our best professional judgement as follows:

We will save and preserve Content in your FOREVER Account as it existed on the date of your death or last-known instructions from you and not permit any other person to modify, edit, remove, or delete any of your Content, with the exception that after your death other people will continue to be able to add comments and tributes to your FOREVER Account at the Public, or Connections layers.

FOREVER will permit access to your Account as of the date of your death or last-known instructions from you including:

• maintaining your Content at the privacy layers set by you;
• maintaining access to your Content by designated people on your 'Connections' and 'Private' lists, but not adding, removing or changing any people authorized to have access to your Content, except as described below. People designated as 'Connections' or 'Private' will retain any privileges to upload, add, post, copy or link to new Content granted by you prior to your death, but not to modify, edit, remove or delete any of your existing Content. If you have placed Content at your 'Private' layer with access for you alone, your content will be saved and will not be accessible to any person, until 25 years after your death when we will have the authority to make it available to your approved list of 'Connections'.

While we will not be obligated to add any party to your approved list of 'Connections' with access to your Content, from time to time when we are contacted by your family members or descendants, we will review their requests for access to Content within your Account. If a family member or descendant provides sufficient proof of their familial connection to you, then we will add that person to your list of Connections and grant access to that person consistent with your Privacy Settings at the time of your death and our best judgement as to the right thing to do based on the family member / descendant involved and our knowledge of you.

We have no obligation to review or monitor your FOREVER Account for new Content added, linked or posted by friends, family or any other party, however, we reserve the right to monitor and review new Content and interactions in your Account, and to remove any Content, that we consider, in our sole discretion, to be in violation of our acceptable use policy (Section 6.2) or any other provision of these Terms, or otherwise harmful to your memory or FOREVER Services.

If you have entered into a payment plan with us to pay for FOREVER Storage (i.e., permanent cloud storage capacity in your FOREVER Account measured in gigabytes or terabytes) by making monthly installment payments over the term of the payment plan period, your payments will be applied towards the purchase of your origination and support services, and your FOREVER Permanent Cloud Storage capacity, over the term of your plan in accordance with FOREVER policy. In the case that you begin, but do not complete a payment plan, then the amount of FOREVER Permanent Cloud Storage capacity in your Account will be determined by the portion of your payments received by the Company and applied towards the purchase of that FOREVER Storage in accordance with the terms of your payment plan. This Section 4 (including the FOREVER® Guarantee in Section 4.1) will only apply to and protect FOREVER Storage that has been fully paid for according to the terms of your payment plan. All of your FOREVER Storage purchased under a payment plan will become permanent only when fully paid for over the term of the plan (or upon early completion by payment in full of all remaining outstanding amounts due under the payment plan). The purchase of any new FOREVER Storage capacity will only be completed when your payment plan is fully paid (i.e. when you complete your monthly payments or pay the total amount due before the completion of the payment plan). If you do not complete all payments on time, any storage that has not been paid for will not be permanent and may be suspended, canceled and/or deleted by FOREVER without prior notice. All payments made according to a payment plan are non-refundable, and under no circumstances, including, without limitation, failure to complete a purchase plan in full, will you be entitled to a refund of any payments made for FOREVER Services, including FOREVER Storage.

If you die prior to completion of all payments due under your payment plan, provided that you have made at least the first three (3) payments on a timely basis and we receive a valid death certificate or notice certifying the date of death (date of death must also be at least three (3) months after the Account origination date), we will treat your payment plan and FOREVER Account as fully paid (including your FOREVER Storage). In the case that you stop making monthly payment plan payments, we will suspend your Account 90 days after you stop payment, but then save all of your data for a 12-month period so your relatives may notify us of your passing, or we may determine that you have passed away.

We provide Intro Accounts (formerly Introductory or Free Accounts) and Visitor experiences with limited quantities of digital storage to enable people to experience FOREVER Services on a trial basis, and to enable people who are not FOREVER Account Originators or Owners to connect with and view Content preserved by Connections who are FOREVER Account Owners. Intro Account Users and Visitors may upgrade by purchasing a FOREVER Account with permanent cloud storage at any time. We do not provide long-term preservation of (and the FOREVER Guarantee does not apply to) Intro Accounts, Intro User Content, or Visitor Content, and we reserve the right at any time in the future to discontinue, suspend or cancel Intro Accounts or Visitor experiences at any time for any reason in our sole discretion, including, without limitation, Intro Accounts that have been inactive for over two years. If an Intro Account is suspended or cancelled for any reason, we may permanently delete all Content associated with the Account.

When digitizing, transferring, uploading, storing, posting, or sharing Content or otherwise using FOREVER Services, you agree not to use FOREVER Services in an unlawful or inappropriate manner, including, but not limited to:

• submitting material that violates a third party's proprietary rights, including privacy and publicity rights or that otherwise violates any applicable law;
• submitting copyrighted Content for which you do not own the copyright or have not obtained the written permission of the copyright owner;
• publishing falsehoods or misrepresentations that could damage our Company, our FOREVER Account Owners, Intro Account Users, Visitors, or any third party;
• publishing any private information of someone, like their address, phone number, email address, and or similar information without their permission;
• submitting material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
• posting advertisements or solicitations;
• impersonating another person or representing yourself as affiliated with our Company or our team members;
• soliciting a user's password or other Account information; or
• harvesting usernames, addresses, phone numbers, or email addresses for any purpose

We do not have an obligation to review or edit any Content, or to monitor use of FOREVER Services or any interactions between you and other FOREVER Account Owners, Account Managers, Intro Account Users, Visitors, or third parties (including FOREVER Connections). You are solely responsible for the Content you create, digitize, transfer, upload, store, post, or otherwise make available using FOREVER Services and your interactions with other FOREVER Account Owners, Account Managers, Intro Account Users, Visitors, or third parties. However, we reserve the right to monitor and review Content and interactions, for the purpose of operating FOREVER Services, to ensure your compliance with these Terms, or to comply with applicable laws or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, without prior notice, to limit communications between you and other Account Owners, Account Managers, Intro Account Users, Visitors, or third parties in the case of unwanted or inappropriate communication, and to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to FOREVER Services.

You represent and warrant that the following statements are true regarding any Content (including without limitation, photos, film, 35 mm, videotape, slides, prints, etc.) that you use FOREVER Services to digitize, transfer, upload, create, store, host, share or post:

• You understand that commercial movies, TV programs, professional photograph images, and certain other Content is subject to copyright laws and that it is illegal to make copies without the express written permission of the copyright owner.
• You understand that obscene Content is not protected speech and states may prohibit importation, distribution, possession, storage, exhibition, etc. of obscene Content. Under no circumstance will we knowingly digitize, save, or enable sharing of hardcore pornographic Content.
• You understand that we are not responsible for reviewing your Content for copyright infringement or obscenity; however, you understand that if we discover child pornography, violence against children, or other reportable crimes in your Content then FOREVER will report it to the appropriate governmental authorities immediately.

You represent and warrant that our digitizing, transferring, uploading, storing, hosting, or posting of your Content:

• will not infringe upon or violate any copyright, trademark, licensing rights, or other intellectual property rights, or other property rights of any third party because you are the rightful owner, or the rightful owners have given you written permission to copy the Content;
• will not violate any obscenity law or other applicable law, rule or regulation; and
• is not for any illegal, obscene, offensive, or immoral purpose.

We do not permit you to use FOREVER Services to digitize, transfer, upload, store, save, share, or post Content or conduct any activity that infringes the copyright or intellectual property rights of another party. FOREVER will remove any such Content if properly notified that such Content infringes another party's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on www.forever.com where the Content that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Officer via email at: support@forever.com, by phone at 1-888-FOREVER, or by mail at Copyright Officer, Forever, Inc., One PPG Place, 20th Floor, Pittsburgh, PA 15222.

Currently, we use the third-party payment platform, Stripe, Stripe Connect, and the Stripe API to process payments and monetary transactions for FOREVER Services. By using FOREVER Services, you agree to the FOREVER Terms of Service, and you also agree to be bound by the Stripe Terms of Service.

You expressly understand and agree that we are not liable for issues regarding any financial or monetary transactions between you and any other party, including Stripe.

You understand that the Stripe API is subject to change at any time and such changes may adversely affect you. You agree to hold us harmless for Stripe's actions (whether intentional or unintentional) that adversely affect you.

We may change our third-party payment processor at any time without notice to you.

You have the right to request the deletion of your entire FOREVER Account at any time using FOREVER Services by calling 1-888-FOREVER or by emailing support@forever.com. While you may delete your Account and Content if you choose, you are not entitled to a refund of any amounts paid, with the exception that you can rescind your decision to buy FOREVER Permanent Cloud Storage capacity or a FOREVER Permanent Streaming Video Plan within 5 days of purchase and receive a full refund. You can also access and modify the personal information you provide to us that is associated with your Account by logging in, accessing your 'Profile,' and changing the information under your Profile. If you have any difficulty with accessing, modifying, or deleting your data, personal information, or your entire Account, you can contact FOREVER Client Care by calling 1-888-FOREVER or by emailing support@forever.com.

We have the right to suspend, disable or cancel your FOREVER Account if you violate any of these Terms, abuse or misuse FOREVER Services (e.g. repeat copyright infringement, failure to pay for permanent cloud storage utilized, etc.), use the FOREVER Services in a way that may cause us legal liability, or disrupt others' use of the FOREVER Services. FOREVER may suspend or disable your FOREVER Account immediately and without notice until you remedy, in our sole discretion, the breach of these Terms. We will provide 90 days written notice prior to Account cancellation, and if you have not remedied, in our sole discretion, the breach of these Terms within the 90-day period, we have the authority to cancel your FOREVER Account. Under no circumstances will suspension, disablement or cancellation, by you or us, entitle you to a refund of any payment made for FOREVER Services, including any upfront payments to establish a FOREVER Account or any payments made according to a subscription, payment, or Club Account plan, with the exception of the 5-day rescission right described above.

We may revise these Terms from time to time and will post the revised Terms on our website and may send you an email notification that the Terms have been revised or communicate revisions in articles we post on our blog. By continuing to access or use FOREVER Services after revisions to the Terms become effective, you agree to be bound by the revised Terms. You should review our Terms from time to time so that you become aware of any changes that we make.