Terms of Service

TERMS OF SERVICE

Last Updated: October 2, 2026

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BILATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 16 AND IN THESE TERMS OF SERVICE. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

These terms of service (“Terms of Service”) apply to your access to, and use of, the services of THE KEEPER OF THE MEMORIES, LLC (collectively, “Company,” “us”, “our” or “we”), including without limitation our Website available at www.thekeeperofthememories.com (the “Website”), when you purchase a product, or when you interact with us in other related ways (collectively, the “Services”). For purposes of these Terms of Service, “you” and “your” means any user of the Services, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.

1. ACCEPTANCE OF TERMS

These Terms of Service set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Service and acknowledge and agree to our Privacy Policy and Disclaimer (collectively, the “Terms”).

Incorporated Policies. The following policies are expressly incorporated into these Terms of Service by reference and govern your use of the Services:

• Privacy Policy. Your use of the Services and any information provided by you or gathered by us or third parties during any visit to or use of the Services is governed by our Privacy Policy, available on the Website. By using the Services, you acknowledge and agree to our collection, use, and sharing of your information as set forth in our Privacy Policy.
• Disclaimer. Our Disclaimer, available on the Website, contains important disclosures regarding the informational and educational nature of our content, our affiliate and third-party relationships, sponsored content, earnings and testimonials, and fair use. By using the Services, you acknowledge and agree to be bound by the Disclaimer as it may be updated from time to time.

Please read all Terms carefully before accessing or using our Website. If you do not agree to these Terms, please do not use the Services.

We may revise and update these Terms from time to time in our sole discretion, or as required by applicable law. Any new features or tools added to the Website will also be subject to these Terms. You can review the most current version at any time on the Website. It is your responsibility to check the Website periodically for changes. If we make material changes to these Terms, we will provide notice by updating the “Last Updated” date at the top of this document and, where practicable, by prominently posting notice of such changes on the Website or by directly sending you a notification. Changes required by applicable law may take effect immediately upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of those changes. If you do not agree to updated Terms, you must stop using the Services.

2. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. You may not use automated means (including bots, scrapers, spiders, data mining tools, crawlers, or similar technologies) to access the Services, or circumvent any technical measures we employ to protect the Services.

We have implemented reasonable security measures to protect information provided through the Services. However, no method of internet transmission is 100% secure, and we cannot guarantee the security of your information. You are responsible for implementing sufficient procedures and safeguards to protect your own devices, systems, and information when accessing the Services.

If you create an account, you agree to provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials. You may not share your account with others or use another person’s account. You agree to notify us immediately of any unauthorized use of your account.

3. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services and for any consequences thereof. You agree not to, and will not assist or enable others to, use the Services to: (i) violate these Terms, any applicable law, or the rights of any third party (including intellectual property rights); (ii) copy, modify, reproduce, distribute, reverse engineer, or create derivative works from any portion of the Services or User Content (as defined below), except as expressly authorized; (iii) upload or transmit any viruses, malware, or other harmful code; (iv) use automated means (including bots, scrapers, or crawlers) to access the Services without our prior written permission; (v) harvest contact information, solicit passwords, or send unsolicited communications; (vi) impersonate any person or entity, or misrepresent your identity or affiliation; (vii) harass, intimidate, or harm another person; or (viii) use the Services in any manner that could damage, disable, or impair the Services. We reserve the right to terminate your access for violating any of the above.

Certain portions of the Services may allow you to submit reviews, comments, photographs, messages, or other materials (collectively, “User Content”).  You agree not to submit any User Content that: (a) is false, misleading, defamatory, obscene, threatening, harassing, abusive, hateful, discriminatory, violent, or otherwise objectionable; (b) promotes illegal activity or unethical conduct; (c) infringes any intellectual property, privacy, publicity, or other proprietary right; (d) contains viruses or code designed to disrupt or damage any system; (e) constitutes spam, unauthorized advertising, solicitation, chain letters, or promotional materials; (f) impersonates any person or entity or falsely suggests an affiliation, endorsement, or sponsorship; (g) violates any applicable law or regulation; or (h) otherwise violates these Terms.

No User Content you submit will be treated as confidential. You are solely responsible for your User Content and represent and warrant that you have the legal right to provide it.

We reserve the right, but have no obligation, to monitor, review, reject, edit, remove, disable access to, or take any other action with respect to User Content in our sole discretion and without notice. We do not verify, adopt, or endorse your User Content, and you bear all risks associated with it. By submitting User Content, you grant us and/or our officers, employees, successors, shareholders, joint venture partners, and anyone else working with us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to identify you and use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such User Content in connection with operating, marketing, advertising, improving, and promoting the Services and our business.  To the extent permitted by law, you waive any moral rights with respect to your User Content.

4. INTELLECTUAL PROPERTY & COPYRIGHT

We respect the intellectual property of others and expect all users to do the same. All content on the Services, including text, graphics, images, logos, product photos, and Website design is owned by the Company and is protected by applicable copyright, trademark, and other intellectual property laws. If you believe that any material available on or through the Services infringes your copyright, please contact us at cristi@thekeeperofthememories.com so that we may review and respond to your concern.

Certain content made available on the Services is owned by third parties and is used with permission, under license, or pursuant to applicable usage rights. This may include, without limitation, designs, photographs, and media created by independent designers, as well as product images and other content sourced from third-party platforms. All third-party trademarks, service marks, logos, and copyrighted materials remain the property of their respective owners.

Use of Products and Content. In addition to the content available on the Services, we may offer free products for download through the Website as well as sell paid courses, programs, physical or digital products, and other related materials (collectively, “Products”) through third-party marketplace platforms, including Teachers Pay Teachers. All Products, including their content, are protected by U.S. and international copyright laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, access, and use the Products solely for your own personal, non-commercial, informational, and educational purposes. You may not share, sell, redistribute, modify, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or in any way exploit any Product, whether obtained for free or for a fee, without our prior express written consent. Copying or storing any Product content for purposes other than personal use is expressly prohibited. You agree to abide by all applicable copyright, trademark, and intellectual property laws and shall be solely responsible for any violations of this Section. For any Products purchased through a third-party marketplace, the transaction is processed by the applicable third-party platform under its own terms of service and refund policies; please refer to that platform’s policies for purchase-related inquiries, including refunds.

5. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services are intended for use by adults, including parents, guardians, and educators. While our Products may include content designed for use by children (such as printable activities, worksheets, and educational materials), the Website and the browsing, purchasing, and downloading features of the Services are directed at adults and are not intended to be accessed or used by minors. By using the Services, you represent that you are at least 18 years old.

Pursuant to 47 U.S.C. Section 230(d) as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org.

For more information on how we protect children’s privacy, please visit our Privacy Policy.

6. DISCLAIMER OF WARRANTIES

While Company uses reasonable efforts to include up-to-date information on the Services, Company makes no warranties or representations as to its accuracy, timeliness, reliability, completeness, or otherwise.

COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK.

7. EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

9. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

10. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY US. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, COMPANY MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR WEBSITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Website or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information related to the Services or Website is inaccurate at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law.

12. INDEMNIFICATION

You agree to indemnify and hold harmless the Company Parties, and at Company’s option defend the Company Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Company Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Service, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Company Parties, Company may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without our written consent.

13. TERMINATION

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services, or by ceasing to use the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. In our sole and absolute discretion, with or without notice to you, we may suspend or terminate your use of and access to the Services, terminate your account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services; (iv) any violation of these Terms; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; or (vi) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which we may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to us. Upon termination for any reason, you must cease all use of the Services.

14. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

15. GENERAL

No failure or delay by us in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. If any part of these Terms is determined to be invalid or unenforceable the remaining provisions will remain in full force and effect. To the maximum extent permitted by applicable law, any claim arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. These Terms represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. We may revise and update these Terms from time to time. No waiver of any provision of these Terms by us will be effective unless made in writing by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder. Sections 4 (Intellectual Property), 6-11 (Disclaimers, Exclusions, Limitations), 12 (Indemnification), 15 (General), 16 (Arbitration), and 18 (Governing Law) will survive termination of these Terms of Service and your use of the Services, together with any other provisions that by their nature are intended to survive.

Use of the Services is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

16. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with COMPANY; (iii) any data or information you may provide to COMPANY or that COMPANY may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “Company Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Company Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of COMPANY’S parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

Before commencing any arbitration proceeding, the claimant must first send a written notice (“Dispute Notice”) to the other party describing the dispute in reasonable detail, including the claimant’s name and contact information, the legal claim(s) asserted, the specific facts giving rise to the claim(s), and the relief sought. If you are the claimant, you must send the Dispute Notice to: The Keeper of The Memories, LLC at cristi@thekeeperofthememories.com. If we are the claimant, we will send the Dispute Notice to the most recent contact information we have on file for you. The parties agree to attempt in good faith to negotiate an informal resolution of the dispute for a period of thirty (30) days from the date the Dispute Notice is received. If the dispute is not resolved within that thirty (30) day period, either party may commence an arbitration proceeding as set forth herein. Any applicable statute of limitations or contractual limitations period shall be tolled during this informal resolution period. By using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against COMPANY, and any claim that COMPANY may have against you, arising out of, relating to, or connected in any way with our Terms or any Company Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the “Applicable Rules”). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules are available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against COMPANY within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and COMPANY, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and COMPANY (the “Arbitrator”);
2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;
3. Arbitration proceedings will be held in BEAVER COUNTY, PENNSYLVANIA, or if your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents you and COMPANY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
4. the Arbitrator (i) shall apply internal laws of the State of PENNSYLVANIA consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with PENNSYLVANIA or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein;
7. COMPANY may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after COMPANY has given notice of such modifications and only on a prospective basis for claims arising from Company Transactions and Relationships occurring after the effective date of such notification; and
8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

17. RISK OF LOSS

All purchases made through our Website are subject to a shipment contract. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

18. GOVERNING LAW

These Terms, and your access to and use of the Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflict-of-law rules or principles (whether of Pennsylvania or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Beaver County, Pennsylvania and the parties consent to the personal jurisdiction and venue of those courts.

19. CONTACT US

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at:

THE KEEPER OF THE MEMORIES, LLC

cristi@thekeeperofthememories.com

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.