It’s free to sign up & launch a Sunsetting page
Already have an account? Log in.
2. Registering an Account
b. Although browsing our website is an option without registering for an account, you will need to register an account with a username, password, and email address to be associated with an account/to validate an account, to access some of our site functions. You are at all times responsible for your account and all of the activity on it. You also are responsible for keeping your password confidential. If you discover that your account has been used by someone without your permission, you should immediately report it to support@Sunsetting.co.
3. Sunsetting is a Venue
a. Sunsetting is a venue for individuals to create memorial campaigns for deceased persons, and to optionally receive and/or crowdfund gift donations on them. When a Campaign Owner creates their campaign on Sunsetting, they’re inviting others to make a contract with them. Anyone who backs a campaign on our site accepts the Campaign Owner’s contract. Sunsetting is not a part of that contract between Campaign Owners and Donors.
b. Sunsetting makes no representation about the safety, legality, quality, or morality of any campaign, or contribution or the truth or accuracy of any user content posted on the site. We also expressly do not represent that Campaign Owners will deliver any perks promised; deliver any perks timely; or that financial backings of any campaigns will be used by the Campaign Owner as represented by them during a campaign. We are only the venue for Campaign Owners to present their fundraising campaign(s). Users back campaigns at their own risk.
5. Creating a Campaign on Sunsetting
a. Campaigns may be submitted for approval to Sunsetting through the site by any person 18 years or older with a verified/registered account on the site. We reserve the right to communicate or not communicate with Campaign Owners the reason for any denial of any proposed campaign.
b. If a Campaign on Sunsetting receives direct or crowdfunded donations, once it is funded, the charge to the Donors is non-refundable via Sunsetting, however, the Campaign Owner reserves the right to refund the money directly back to the backer, through a different payment mechanism that does not reside on the Sunsetting website nor is Sunsetting involved or privy to said refund in any manner.
c. Sunsetting will charge our fees before putting the funds in your account for any completed campaign.
d. You agree, accept, and acknowledge that some financial pledges from Donors can’t be collected and may reduce the amount of funding you get. For example – should a backer’s credit card expires before funding ends, and they don’t provide updated information – we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
6. Prohibited perks & campaigns
a. Campaigns on Sunsetting may not be created for illegal activities, to cause harm to people or property, or to scam others. It is the sole responsibility and exclusive liability of the campaign owner to comply with all applicable laws and regulations in connection with their campaigns, and not to make any false or misleading statements in connection with their campaign.
b. Campaign Memorials on Sunsetting are for
b.i. announcing the death of an individual;
b.ii. sharing service information for a deceased on memorial pages;
b.iii. Receiving guestbook comments;
b.iv. Optionally receiving monetary gift donations and/or crowdfund monetary gift donations from Donors.
c. Sunsetting is not a venue for disrespect, trolling, profanity, meanness, harassment, spam, abuse, fraud, or hatred.
7. Donating money to a Campaign Memorial
a. Campaign Donors are solely and exclusively responsible for asking questions and investigating Campaign Owners and campaigns to the extent they feel is necessary before financially donating to a campaign. Any donation made is 100% voluntarily and at the sole discretion of the backer.
b. Sunsetting does not guarantee that Campaign Owners will use any funds received from Donors as they may have been promised or presented in their campaign. We also do not endorse, guarantee, make representations, or provide warranties for our about the quality, safety, morality, or legality of any campaign or campaign owner on the site. Donations are made by Donors at their own risk and they full accept and understand and agree so before making any donation of any kind through the Sunsetting website.
c. Your credit/debit card will be charged immediately for any donation made, and the Campaign Owner will receive their funds, less fees, pending the campaign settings that Sunsetting assigns to the Campaign Owner.
d. Campaign Owners may need to email you questions about your donation. As such, by donating to a campaign, you are opting into email communications from Sunsetting, and the Campaign Owner.
8. Disputes between Campaign Donors & Campaign Owners
a. Sunsetting is under no obligation to become involved in disputes between Campaign Owners and Campaign Donors. Sunsetting is merely a venue for campaign owners. Campaign Donors voluntarily decide at their own risk to accept the donation terms and conditions of any Campaign Owner on our site as a contract that we are not a party to. Campaign Owners are legally bound to perform on any promise/commitment made to Donors.
b. Notwithstanding the foregoing, Campaign Owners in independently seeking to resolve any dispute with a backer can consider any lawful resolution including but not limited to issuance of a refund to any backer they are in dispute with. In the event of any dispute, such as a Campaign Owner’s failure to fulfill a perk, we may provide the campaign owner’s contact information so that the dispute may be resolved, but Sunsetting is under no obligation whatsoever to do so.
9. Sunsetting is not liable for any loss on the site, and is not responsible for monitoring any campaign
a. You expressly agree and understand that Sunsetting is not liable for damages or losses related to your use of the site and services. We don’t monitor Campaign progress or outcome to ensure that Donors have had their contributions properly used by Campaign Owners.
b. In using our services and site, you expressly release Sunsetting from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the services. All of the content you access through the site and service is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
10. Agreement to Fees + Agreement to fees from our payment processor and terms of services from our payment processor
a. It’s free to create an account on Sunsetting. If you create a campaign memorial that receives monetary and/or crowdfunding monetary donations, we (and our payment partner(s)) collect fees. Our partners’ fees may vary based on your location. Campaign Owners will have an opportunity to review and accept our fees before we collect them. Fees are charged in real time for any donations made.
b. Our flat fee charge to Campaign owners is 5% in addition to any fees from our payment processors. Each payment provider is its own company, and Sunsetting is not responsible for its performance. Typically, payment processor fees are between 3-5%, but that can vary, and Sunsetting is not responsible for payment processor fees. By accessing our third party payment providers, you do so at your own risk – when you donate to any campaign on Sunsetting, you’re also agreeing to the payment processor’s terms of service, and any of their additional fees.
11. Taxes: Campaign Owners and Donors are responsible for any taxes associated with receipt or donation of any income received or sent through Sunsetting. Campaign Owners are also responsible for communicating any tax concerns relevant to their Donors in their campaign both on and off the site.
12. Deleting your Account a. You can delete/terminate your account at any time, however, it doesn’t make the content you’ve posted go away. The terms and conditions of this agreement survive any termination, including our rights regarding any content you’ve submitted. If you’ve created a campaign, deleting your account doesn’t guarantee removal of the campaign.
13. Campaign privacy
a. Sunsetting will make reasonable efforts to keep a Campaign private/password protected if the Campaign owner chooses such feature on the site. Notwithstanding the foregoing, Sunsetting makes no guarantee of any kind that said private/password protected feature will be fully functioning at all times during any live campaign and Sunsetting is not liable in any way for any failure thereof.
14. Declining, suspending, terminating an account:
a. We reserve the right to decline our services to any User for any reason and without explanation based upon findings in validating the User’s profile. We further reserve the right in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
15. User Generated Content
a. Sunsetting doesn’t own content you submit to us, but by using the site when users post photos, videos, text, graphics, logos, artwork or other audio/visual materials (collectively “User Generated Content”), Users grant Sunsetting a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute user content of any user on or in connection with the services and our related marketing and promotional activities.
b. As such, you grant us and others acting on our behalf, the right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. We also have the right to make changes/edits/medication to user generated content. You warrant that your user generated content does not contain third-party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of all the material, or you are otherwise legally entitled to post the material.
16. Our IP
a. Sunsetting’s services and site are legally protected in various copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the site. You also agree not to change, translate or otherwise create derivative works of the service. If you want to use, reproduce, modify, distribute, or store any of our content for a commercial purpose, you need prior written permission from Sunsetting. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way
17. Copyright Infringement via User Generated Content
a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
b. If you believe in good faith that materials on Sunsetting infringe your copyright, you (or your agent) may send us a notice to our designated Agent requesting that the material be removed, or access to it blocked. To:
Sunsetting LLC Attention: Sunsetting Copyright Agent 121 Fifth Avenue Box 122 Brooklyn NY 11217 Support@Sunsetting.co
c. The notice must include the following information:
c.i. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
c.ii. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
c.iii. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Sunsetting to locate the material on the Site;
c.iv. the name, address, telephone number, and email address (if available) of the complaining party;
c.v. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
c.vi. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
d. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by Sunsetting against you, the DMCA permits you to send Sunsetting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
e. We reserve the right to delete or disable content alleged to be infringing, and to terminate repeat infringers in our sole discretion.
a. If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including reasonable attorney fees and other legal costs that arise from or relate to your use or misuse of Sunsetting. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter subject to this indemnification clause, that you agree that you’ll cooperate and help us in asserting any defenses.
19. Limitation on Liability
a. Sunsetting (including its affiliates, directors, officers, employees, agents, subcontractors, or licensors) makes no warranties, guarantees, or promises as to the quality, safety or legality of any User Content; or to any specific results from the use of the site or service on the site; and in no event will be liable to you or any third party for any indirect, punitive, incidental, special, consequential, or exemplary damages, or, in any event, for damages exceeding the lesser of one hundred US Dollars ($100.00) or the fees paid to Sunsetting for the transaction from which the cause of action arose. This limitation on liability applies whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if Sunsetting has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction. For jurisdictions that do not allow Sunsetting to limit its liability, then our liability is limited to the smallest extent possible by law.
b. Sunsetting DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sunsetting CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES ON THIS SITE WHICH HAVE BEEN DESIGNATED AS AUTHORIZED FOR AND AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). Sunsetting FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THIS SITE IS NECESSARILY COMPLETE AND UP-TO-DATE. YOU ACKNOWLEDGE THAT THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Sunsetting MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
21. Assignment: The terms and any rights and licensed granted under this agreement may not be transferred or assigned by any User, but may be assigned by Sunsetting without restriction or consent.
22. Export compliance
a. Users agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the US export Administration Act (“Export Laws”), each user states that such user is (1) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a campaign is deemed to be in violation of export laws.
23. Other Disclaimers
a. We are not responsible for any incorrect or inaccurate User Content or any other third party content submitted to the Website, whether made or caused by Users, Members, potential employers, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the site.
b. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
c. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website. The Website is provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from us or from or through the Website shall create any warranty not expressly stated herein.
24. No Agency
a. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or User of the Website.
25. Governing Law
a. This Agreement is governed by and construed in accordance with the laws of the State of New York,, United States of America, without regards to its principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act, or the United Nations Convention of Controls for International Sale of Goods.
b. You agree that Sunsetting is deemed a passive website that does not give rise to jurisdiction over Sunsetting or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders (“et al”), either specific or general, in any jurisdiction other than New York State. You expressly waive the right to seek an equitable remedies/special damages/injunction against Sunsetting et al, as well as a waiver to seek any punitive or consequential damages.
c. You expressly agree to that any and all disputes or claims shall be resolved exclusively through final and binding arbitration via the American Arbitration Association (adr.org) in New York, rather than in court, except that a User at its election may assert claims in small claims court in New York State, county of Kings, if the user’s claim qualifies for adjudication in that court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
d. To the maximum extent permitted by law, the parties agree to arbitrate claims on an individual basis only, and they expressly waive any right to bring, participate in, or recover under a class, collective, consolidated, or representative action. You agree as a condition precedent to using the site and visiting the site that you are precluded from participating any class action of any kind against Sunsetting LLC.
e. Any arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted (http://www.adr.org) If for any reason a claim proceeds in court rather than or after arbitration, the dispute shall exclusively be brought and heard In a court of competent jurisdiction in the State of New York, county of Kings. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorney’s fees and costs.
a. All terms of this agreement shall be executed in good faith. If any part of this agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this agreement shall remain in full force and effect.
Privacy & Policy
If you do not agree to be bound by this agreement, do not access or use any part of this website. Sunsetting reserves the right, with or without notice, to make changes to this agreement at Sunsetting’s discretion at any time. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement supersedes all previous versions. We encourage you to check all online policies and similar documents relevant to your situation periodically to keep informed about their status.
1. What We Collect :In order for you to create an account on Sunsetting and use our services, we need to collect and process some information. Depending on your use of the Services, that may include:
a. information (such as your name, email and postal addresses, telephone number, and country of residence) that you provide by completing forms on Sunsetting, including if you register as a user of the Services, subscribe to our newsletters, upload or submit any material through Sunsetting, or request any information;
b. your login and password details, in connection with the account sign-in process;
c. details of any requests or transactions you make through the Services;
d. information about your activity on and interaction with Sunsetting, such as your IP address and the type of device or browser you use;
e. communications you send to us (for example, if you ask for support, send us questions or comments, or report a problem); and
f. information that you submit to Sunsetting in the form of comments, contributions to discussions, or messages to other users.
2. What we keep private
a. any payment information you provide
b. your password details
c. your IP address
d. your phone number
e. communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem) f. We don’t give your personal information to any third-party services, except when it’s necessary to provide Sunsetting’s Services (like when we partner with payment processors). g. We do reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect Sunsetting’s legal rights.
3. What’s shared between Donors and Campaign Owners
a. When you donate to a Campaign, the Campaign Owner will know your account name, name, the amount you have pledged, and your email address, Campaign owners never receive Donors credit card details or other payment information.
b. If you have donated to campaign, the Campaign Owner will receive the email address associated with your Sunsetting account.
4. What is public
a. When you create an account, your profile page on Sunsetting, contains your account name, the date the account was created, and a list of projects you have backed or launched. Whenever your account name appears on Sunsetting (for instance, when you post comments, send messages, or back projects), people can click your account name to see your profile.
b. Some of the things that will be publicly viewable on your profile, or elsewhere on Sunsetting include:
b.i. the account name, and the date it was created
b.ii. the information you choose to add to your profile (like a picture, bio, or your location)
b.iii. campaigns you’ve backed (but not pledge amounts or rewards chosen)
b.iv. projects you’ve launched
b.v. any comments you’ve posted on Sunsetting
b.vi. if you have “Liked” a campaign update
b.vii. Campaign creators are also asked to verify their identities before launching a project. Once completed, the campaign creator’s Verified Name will be publicly displayed on their account profile and on any projects they launch.
5. We’ll use your personal information to
a. identify you when you sign in to your account;
b. enable us to provide you with our Services;
c. send you marketing communications we think you may find useful, in accordance with your email preferences;
d. present campaigns to you when you use the Services that we believe will be of interest based on your geographic location and previous use of the Services;
e. administer your account with us;
f. enable us to contact you regarding any question you make through the Services;
g. analyze the use of the Services and the people visiting to improve our content and Services; and h. use for other purposes that we may disclose to you when we request your information.
i. We never post anything to your Facebook, Twitter, or other third-party accounts without your permission. Sunsetting Campaign Creators never receive backers’ credit card details or other payment information. We do not and will not sell your data.
6. Email Communication: We try to keep emails to a minimum and give you the ability to opt-out of any marketing communications we send. We will send you email relating to your personal transactions. You may also occasionally receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time. We may also send you service-related announcements when necessary.
7. Service Providers: We may engage certain trusted third parties to perform functions and provide services to us, such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing. We will share your personally identifiable information with these third parties to the extent necessary for them to perform these functions and subject to their agreement to maintain the privacy and security of your data.
8. Compliance with Laws and Law Enforcement: Our policy is to cooperate with government and law enforcement officials and, in certain circumstances, private parties to enforce and comply with the law. We may disclose your personal information to government or law enforcement officials or private parties to the extent we determine, in our sole discretion, is necessary or appropriate in connection with any actual or prospective legal proceedings (including subpoenas) or to establish, enforce or defend our legal rights and interests or the safety of the public or any person, to prevent or stop any illegal, unethical, or legally questionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
10. Security: Safeguarding the confidentiality and use of your personally identifiable information is very important to us. We employ reasonable administrative and technical measures designed to protect your information from loss, misuse, alteration or unauthorized access.
11. Cookies: Like many other websites, we may also use “cookies” to collect additional website usage data to improve the Site and its functionality. A cookie is a small data file that we transfer to your computer’s hard disk. Cookies help us to: (1) speed navigation, keep track of items you are purchasing, and provide you with content that is tailored to you; (2) remember information you gave us so that you don’t have to re-enter it; (3) determine the effectiveness of some of our marketing efforts and communications; and (4) monitor the total number of visitors, pages viewed, and the total number of banners displayed. You can stop accepting cookies by setting your Internet browser accordingly, but this will likely result in our not recognizing you or your preferences on future visits to the Site
12. Third parties and links to other websites: Our Site may contain advertisements and links to other websites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those websites. We do not exercise control over third-party websites. They may place their own cookies or other files on your computer and collect or solicit both personally identifiable and non-personally identifiable information from you. Other websites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other websites and services you visit.
b. You agree that Sunsetting is deemed a passive website that does not give rise to jurisdiction over Sunsetting or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders (“et al”), either specific or general, in any jurisdiction other than New Jersey State. You expressly waive the right to seek equitable remedies/special damages/injunction against Sunsetting et al, as well as a waiver to seek any punitive or consequential damages.
c. You expressly agree to that any and all disputes or claims shall be resolved exclusively by final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court in New York if the user’s claim qualifies for adjudication in that court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
d. To the maximum extent permitted by law, the parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under a class, collective, consolidated, or representative action.
e. Any arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted (http://www.adr.org) If for any reason a claim proceeds in court rather than or after arbitration, the dispute shall exclusively be brought and heard In a court of competent jurisdiction in the State of New York. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorney’s fees and costs.
f. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sunsetting as a result of this agreement or use of this website.