The Mortuary Guide (MORTUARYGUIDE.COM) provides an online platform that connects purveyors to consumers of funeral home services and other
services in the mortuary industry including flowers, urns, pre-planning and insurance services, etc. (collectively, known as the “Services”), which Services
are accessible at www.MortuaryGuide.com and any other websites through which MORTUARYGUIDE.COM (AAP Internet) makes the Services available
(collectively, the “Platform” or “Site”) and as an application for mobile devices (the “Application”). Under these Terms of Service, "use" or "access" of
the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any
information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. By using the Site
or Application or Services, you (the “User”) agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"),
whether or not you become a registered user of the Services. If you arrived on the Site after having been re-directed or otherwise clicking on another
website, you agree that these MORTUARYGUIDE.COM Terms shall govern your use of this Site.
These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal
obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these
Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PURVEYORS OF FUNERAL HOME AND MORTUARY
INDUSTRY SERVICES MAY CREATE LISTINGS FOR SAID SERVICES AND CONSUMERS OF SAID SERVICES MAY LEARN ABOUT AND PROCURE SAID
SERVICES DIRECTLY WITH THE PURVEYORS OF SAID SERVICES. YOU UNDERSTAND AND AGREE THAT MORTUARYGUIDE.COM (AAP INTERNET) IS
NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ABOVE DESCRIBED PURVEYORS AND CONSUMERS, NOR IS MORTUARYGUIDE.
COM (INCLUDING ITS’ EMPLOYEES, OFFICERS AND AFFILIATES) A FUNERAL HOME, A LICENSED MORTUARY INDUSTRY PROFESSIONAL OF ANY
KIND, OR A LEGAL OR ESTATE PLANNING OR INSURANCE AGENT, REPRESENTATIVE OR AFFILIATE. THE INFORMATION PROVIDED ON
MORTUARYGUIDE.COM IS OF A GENERAL NATURE AND CANNOT BE A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED FUNERAL HOME DIRECTOR,
MORTUARY INDUSTRY PROFESSIONAL, ATTORNEY, ESTATE PLANNER, ACCOUNTANT OR OTHER LICENSED PROFESSIONAL. THE
MORTUARYGUIDE.COM SITE IS OFFERED TO THE PUBLIC FREE OF CHARGE AND ACTS ONLY AS A SEARCH TOOL, SERVICE AND RESOURCE FOR
CONSUMERS AND THE GENERAL PUBLIC. MORTUARYGUIDE.COM HAS NO CONTROL OVER THE CONDUCT OF PURVEYORS AND CONSUMERS OF
FUNERAL HOME AND MORTUARY INDUSTRY SERVICES AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES REGARDING ANY PART OF
AN ACTUAL OR POTENTIAL TRANSACTION, INCLUDING THE QUALITY, CONDITION, SAFETY, OR LEGALITY OF THE SERVICES ADVERTISED, THE
TRUTH OR ACCURACY OF THE LISTINGS (INCLUDING THE CONTENT THEREOF OR ANY REVIEW RELATING TO ANY SERVICE, OR LISTING), OR THE
ABILITY OF A PURVEYOR TO PROVIDE A SERVICE. NOTHING ON THE SITE SHOULD BE CONSTRUED AS AN ATTEMPT TO OFFER ADVICE OR
RENDER A MEDICAL, LEGAL, FINANCIAL, OR ANY OTHER PROFESSIONAL OPINION. THESE ELEMENTS ARE SOLELY THE RESPONSIBILITY OF EACH
USER AND MORTUARYGUIDE.COM (AAP INTERNET) DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY
CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT
YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION OR SERVICES. If you accept or
agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal
entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Advertiser,” or “Purveyor of Service” means a User who creates a Listing via the Site, Application and Services.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Collective Content” means Advertiser Content and MortuaryGuide.com Content.
“Advertiser Content” means all Content that an Advertiser posts, uploads, publishes, submits or transmits to be made available through the Site,
Application or Services.
“MortuaryGuide.com Content” means all Content that MortuaryGuide.com makes available through the Site, Application, or Services, including any
Content licensed from a third party, but excluding Advertiser Content.
“Listing” means a Service that is listed by an Advertiser via the Site, Application, and Services.
MORTUARYGUIDE.COM reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including any Fees, at
any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the
modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after
we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be
bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Access to the Site, Application and Services are intended solely for persons who are 18 years of age, or older. Any access to the Site, Application or
Services by anyone under 18 is expressly prohibited. By accessing the Site, Application or Services you represent and warrant that you are 18 years of age,
In order to access certain features of the Site and Application, and to create an Advertiser Listing, some Advertiser’s must register to create an account. We
will create your MORTUARYGUIDE.COM Account and your MORTUARYGUIDE.COM Account profile page for your use of the Site and Application based
upon the information you provide to us. You may not have more than one (1) active MORTUARYGUIDE.COM Account. The Advertiser agrees to provide
accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
MORTUARYGUIDE.COM reserves the right to suspend or terminate the Advertiser’s MORTUARYGUIDE.COM Account and the Advertiser’s access to the
Site, Application and Services if you create more than one (1) MORTUARYGUIDE.COM Account or if any information provided during the registration process
or thereafter proves to be inaccurate, not current or incomplete. The Advertiser is solely responsible for their Advertiser contributed Content and we
specifically disclaim all liability for Advertiser contributed Content. The Advertiser represents and warrants that the Advertiser owns or otherwise controls
and has all legal rights to the Advertiser’s submission and the name or other identifier used in connection with such submission including, but not limited
to, all the rights necessary to provide, post, upload, input or submit the Advertiser contributed Content. We reserve the right to request a proof of ownership
or permission, and to refuse to post Advertiser generated Content without such proof or if such proof is, in our sole discretion, insufficient.
You are responsible for safeguarding your password. We discourage you from giving anyone access to your ID and password to your MORTUARYGUIDE.
COM Account and/or email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such
information, you are responsible for any and all transactions that the person performs while using your MORTUARYGUIDE.COM Account, even those
transactions that are fraudulent or that you did not intend or want performed. You will immediately notify MORTUARYGUIDE.COM of any unauthorized use of
your MORTUARYGUIDE.COM Account. Further, we may, without notice to you, suspend or cancel your Advertiser Listing at any time even without receiving
notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
RIGHT TO TERMINATE A LISTING
If, in our sole discretion, any Advertiser submits unsuitable material to the MORTUARYGUIDE.COM Site or into our database, misuses the Site or our online
system or is in material breach of these Terms, we reserve the right to terminate such Advertiser Listing immediately without notice and without refund. In
addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding an Advertiser Listing that, in
our sole discretion, warrants the immediate removal of such Advertiser Listing from the Site then we may immediately terminate such Advertiser Listing
without notice to the Advertiser and without refund. We assume no duty to investigate complaints. Also, if any Advertiser is abusive or offensive to any
employee or representative of MORTUARYGUIDE.COM, or its’ affiliates, we reserve the right to terminate such Advertiser Listing immediately without
refund. Finally, if any Advertiser is in breach of these Terms or its obligations to MORTUARYGUIDE.COM or any of our third party providers then we may
terminate such Advertiser Listing immediately without notice to the Advertiser and without refund.
To create a Listing, the Advertiser will be asked a variety of questions about the Service to be listed. Listings will be made publicly available on the Site,
Application and Services. As an Advertiser, you acknowledge and agree that you are responsible for any and all Listings that you post. Accordingly, you
represent and warrant that the Service in the Listing you post, will (1) not breach any agreements you have entered into with any third parties, and (2) will (a)
be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Listing you post
(including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that MORTUARYGUIDE.
COM assumes no responsibility for an Advertiser’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
MORTUARYGUIDE.COM reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including
Listings that MORTUARYGUIDE.COM, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or MORTUARYGUIDE.
COM’s current Policies and Guidelines, or otherwise harmful to the Site, Application or Services.
MORTUARYGUIDE.COM does not endorse any Advertiser.
MORTUARYGUIDE.COM does not make any representations about, confirm, or endorse any Advertiser or the Advertiser’s purported identity or background
or whether the Advertiser is trustworthy, safe or suitable. Advertiser verification on the Internet is difficult and we cannot, and do not assume any
responsibility for the confirmation of each Advertiser’s purported identity. We encourage User’s to communicate directly with the Advertiser. We encourage
User’s to take other reasonable measures to safeguard themselves and recommend that User’s always exercise due diligence and care when deciding
whether to utilize an Advertiser’s Service, or to have any other interaction with any Advertiser. MORTUARYGUIDE.COM is not responsible for any damages
or harm resulting from the User’s interactions with an Advertiser. By using the Site, Application or Services, User’s agree that any legal remedy or liability
that the User’s seek to obtain for actions or omissions of an Advertiser, or other third parties, will be limited to a claim against the particular Advertiser or
other third parties who caused the User harm. The User agrees not to attempt to impose liability on or seek any legal remedy from MORTUARYGUIDE.COM
with respect to such actions or omissions. Accordingly, we encourage User’s to communicate directly with the Advertiser regarding any Services.
APPEARANCE IN SEARCH RESULTS
MORTUARYGUIDE.COM cannot guarantee that an Advertiser’s Listing will appear in any specific order in search results on the Site and the order will
fluctuate based on a variety of factors such as search parameters or other factors as we define from time to time, such as the quality of a listing, etc.
Advertisers who purchase the right to advertise their Service within a certain section will have their listings appear within the section they purchased,
however the specific spot within the section may also vary depending on a variety of factors. Listing appearance or order in any particular search result may
also vary depending on the search criteria used.
As a User, you understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use
of the Site, Application, Services, Collective Content and any transaction entered into on the Site or in connection with your use of the Site. Advertiser’s
further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the Listing of their Service and the conduct of
their business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, permits
or license requirements, safety compliance and anti-discrimination statutes, as applicable. Even though we are not a party to any transaction and assume
no liability for legal or regulatory compliance pertaining to Services listed on the Site, there may be circumstances where we are legally obligated (as we
may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations,
litigation or administrative proceedings and we may choose to comply with or disregard such obligation in our sole discretion.
In connection with your use of the MORTUARYGUIDE.COM Site, Application, Services and Collective Content, you may not, and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation or any order of a court.
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or
other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly
permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses,
harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods
- use the Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without
limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or
- "stalk" or harass any other user of the Site, Application, Services or Collective Content, or collect or store any personally identifiable information
about any other user of MORTUARYGUIDE.COM;
- register for more than one MORTUARYGUIDE.COM Account or register for an MORTUARYGUIDE.COM Account on behalf of an Advertiser other than
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- as an Advertiser, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (1) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (3) is fraudulent, false, misleading or deceptive; (4) is defamatory, obscene,
pornographic, vulgar or offensive; (5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) is
violent or threatening or promotes violence or actions that are threatening to any other person; or (7) promotes illegal or harmful activities or
- systematically retrieve data or other content from the Site, Application or Services to create or compile, directly or indirectly, in single or multiple
downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or
Collective Content, MORTUARYGUIDE.COM’s name, any MORTUARYGUIDE.COM trademark, logo or other proprietary information, or the layout and
design of any page or form contained on a page in the Site, Application or Services, without MORTUARYGUIDE.COM’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, MORTUARYGUIDE.COM’s computer systems, or the technical
delivery systems of MORTUARYGUIDE.COM’s providers;
- attempt to probe, scan, or test the vulnerability of any MORTUARYGUIDE.COM system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, de-scramble, or otherwise circumvent any technological measure implemented by MORTUARYGUIDE.
COM or any of MORTUARYGUIDE.COM’s providers or any other third party (including another user) to protect the Site, Services, Application or
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services,
Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective
- advocate, encourage, or assist any third party in doing any of the foregoing.
MORTUARYGUIDE.COM has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
MORTUARYGUIDE.COM may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is
reasonably necessary to (1) respond to claims asserted against MORTUARYGUIDE.COM or to comply with legal process (for example, subpoenas or
warrants), (2) enforce or administer our agreements with Users, such as these Terms, (3) for fraud prevention, risk assessment, investigation, customer
support, product development and de-bugging purposes, or (4) protect the rights, property or safety of MORTUARYGUIDE.COM, its Users, or members of
the public. You acknowledge that MORTUARYGUIDE.COM has no obligation to monitor your access to or use of the Site, Application, Services or Collective
Content or to review or edit any Advertiser Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services
(including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these
Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it
determines is otherwise objectionable or as set forth in these Terms. MORTUARYGUIDE.COM reserves the right, at any time and without prior notice, to
remove or disable access to any Collective Content that MORTUARYGUIDE.COM, at its sole discretion, considers to be objectionable for any reason, in
violation of these Terms or otherwise harmful to the Site, Application or Services.
Your E-mail Address and Data
When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the
Site or otherwise, you agree to allow the Site to add your e-mail address, name or other information provided to our database of Users. You may receive
one or more promotional e-mails from the Site. You are welcome to opt not to receive such promotional e-mails from the Site at any time. Please review our
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Site from
such User at locations both within and outside of the United States.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You
acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive
property of MORTUARYGUIDE.COM and its licensor's. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Site, Application, Services or Collective Content.
Subject to your compliance with these Terms, MORTUARYGUIDE.COM grants you a limited non-exclusive, non-transferable license to download and install
a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal
use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (1) on an Apple-
branded product that runs the iOS (Apple’s proprietary operating system) and (2) as permitted by the “Usage Rules” set forth in the Apple App Store Terms
of Service. MORTUARYGUIDE.COM reserves all rights in the Application not expressly granted to you by these Terms.
MORTUARYGUIDE.COM CONTENT AND ADVERTISER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, MORTUARYGUIDE.COM grants you a limited, non-exclusive, non-transferable
license, to (1) access and view any MORTUARYGUIDE.COM Content solely for your personal and non-commercial purposes and (2) access and view any
Advertiser Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license
rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these
Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MORTUARYGUIDE.
COM or its licensor's, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Advertiser Content. By making available any Advertiser Content on or
through the Site, Application and Services, you hereby grant to MORTUARYGUIDE.COM a worldwide, irrevocable, perpetual, non-exclusive, transferable,
royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, access, view, and otherwise exploit such Advertiser Content, (or any portion thereof) on, through or by means of, or to promote
or market on, the Site, Application and Services. MORTUARYGUIDE.COM does not claim any ownership rights in any such Advertiser Content and nothing
in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Advertiser Content.
You acknowledge and agree that you are solely responsible for all Advertiser Content that you make available through the Site, Application and Services.
Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all Advertiser Content that you make available through the
Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to MORTUARYGUIDE.COM the rights in
such Advertiser Content, as contemplated under these Terms; and (2) neither the Advertiser Content nor your posting, uploading, publication, submission
or transmittal of the Advertiser Content or MORTUARYGUIDE.COM’s use of the Advertiser Content (or any portion thereof) on, through or by means of the
Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other
proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
LIMITATIONS ON USE OF CONTENT AND SPAM
You agree that, with respect to other User’s information that you obtain directly or indirectly from or through the Site or through any Site-related
communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not
unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about an issue between you and the other User related to
the purpose of the Site. Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose
or with any unlawful intent.
In all cases, you must give User’s an opportunity to remove their information from your address book or database or other records and a chance to review
what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose information
about another User to any third party without both our consent and the consent of the other User. You agree that other User’s may use your information to
communicate with you in accordance with this provision. Further, you agree that you will protect other User’s information with the same degree of care that
you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or
unauthorized transfer of such information.
MORTUARYGUIDE.COM does not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the
foregoing, you are not licensed to add a Site User, even a User who has purchased a Service from you, to your mailing list (email or physical mail) without
the User's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any
kind or in any other way that would violate these Terms. You are responsible for all Content you provide to the Site or through any tool or Service provided on
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that MORTUARYGUIDE.COM is not
responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such
websites or resources. Links to such websites or resources do not imply any endorsement by MORTUARYGUIDE.COM of such websites or resources or
the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your
use of any such websites or resources or the content, products or services on or available from such websites or resources.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of MORTUARYGUIDE.COM used herein are trademarks or
registered trademarks of MORTUARYGUIDE.COM. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the
trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”).
You may submit Feedback by emailing us at admin@MortuaryGuide.com. You acknowledge and agree that all Feedback will be the sole and exclusive
property of MORTUARYGUIDE.COM and you hereby irrevocably assign to MORTUARYGUIDE.COM and agree to irrevocably assign to MORTUARYGUIDE.
COM all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other
proprietary or intellectual property rights therein. At MORTUARYGUIDE.COM’s request and expense, you will execute documents and take such further acts
as MORTUARYGUIDE.COM may reasonably request to assist MORTUARYGUIDE.COM to acquire, perfect, and maintain its intellectual property rights and
other legal protections for the Feedback.
MORTUARYGUIDE.COM respects copyright law and expects its Users to do the same. It is MORTUARYGUIDE.COM’s policy to terminate in appropriate
circumstances the Advertiser Listings (and/or Accounts) who repeatedly infringe, or are believed to be repeatedly infringing on, the rights of copyright
SUSPENSION, TERMINATION AND MORTUARYGUIDE.COM ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate
or cancel your MORTUARYGUIDE.COM Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or
without prior notice or explanation to you: (1) your MORTUARYGUIDE.COM Account will be deactivated or suspended, your password will be disabled, and
you will not be able to access the Site, Application, Services, your MORTUARYGUIDE.COM Account, your Advertiser Content, or receive assistance from
MORTUARYGUIDE.COM Customer Service. You may cancel your MORTUARYGUIDE.COM Account at any time by sending an email to
admin@MortuaryGuide.com. Please note that if your MORTUARYGUIDE.COM Account is cancelled, we do not have an obligation to delete or return to you
any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE
AND AGREE THAT MORTUARYGUIDE.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY ADVERTISER, BUT MAY
CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE
PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MORTUARYGUIDE.
COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MORTUARYGUIDE.COM MAKES NO
WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS, WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MORTUARYGUIDE.COM MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MORTUARYGUIDE.COM OR THROUGH THE SITE, APPLICATION,
SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) MORTUARYGUIDE.COM WILL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY
UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND
PASSWORD FOR YOUR MORTUARYGUIDE.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH
MORTUARYGUIDE.COM AND OTHER USERS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR
SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION
OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ADVERTISER. YOU UNDERSTAND THAT MORTUARYGUIDE.COM DOES NOT MAKE ANY
ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SERVICE PROVIDER.
MORTUARYGUIDE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR
SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE
REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES,
INCLUDING, BUT NOT LIMITED TO, ADVERTISER’S. MORTUARYGUIDE.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF
ANY ADVERTISER OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND
USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR USE OF ADVERTISER SERVICES VIA THE SITE,
APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MORTUARYGUIDE.COM WHETHER IN PERSON OR ONLINE
REMAINS WITH YOU. NEITHER MORTUARYGUIDE.COM (AAP INTERNET) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE
OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR
EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE,
APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE,
APPLICATION, SERVICES, OR FROM YOUR LISTING OR PURCHASE OF ANY ADVERTISER SERVICE VIA THE SITE, APPLICATION AND SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT MORTUARYGUIDE.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL MORTUARYGUIDE.COM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF
THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR PURCHASE OF ANY ADVERTISER SERVICE VIA
THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE
CONTENT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID TO THE SITE, IN THE TWELVE (12) MONTH
PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN ADVERTISER, THE AMOUNTS PAID TO MORTUARYGUIDE.COM IN
THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH
PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN MORTUARYGUIDE.COM (AAP INTERNET) AND THE USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold MORTUARYGUIDE.COM and its affiliates and subsidiaries, and their officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting
fees, arising out of or in any way connected with (1) your access to or use of the Site, Application, Services, or Collective Content or your violation of these
Terms; (2) your Advertiser Content; (3) your (a) interaction with any Advertiser, or (b) creation of an Advertiser Listing; (4) purchase of an Advertiser Service
including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection
with or as a result of purchase.
These Terms constitute the entire and exclusive understanding and agreement between MORTUARYGUIDE.COM and you regarding the Site, Application,
Services, Collective Content, and Advertiser Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior
oral or written understandings or agreements between MORTUARYGUIDE.COM and you regarding Listing of Services, the Site, Application, Services and
You may not assign or transfer these Terms, by operation of law or otherwise, without MORTUARYGUIDE.COM’s prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and of no effect. MORTUARYGUIDE.COM may assign or transfer these Terms, at its sole
discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given
by MORTUARYGUIDE.COM (1) via email (in each case to the address that you provide) or (2) by posting to the Site or via the Application. For notices made
by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law
provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United
States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive
or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s
copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and MORTUARYGUIDE.COM agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding
arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You
acknowledge and agree that you and MORTUARYGUIDE.COM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in
any purported class action or representative proceeding. Further, unless both you and MORTUARYGUIDE.COM otherwise agree in writing, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence,
this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The
AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation
and enforcement of this section.
Notwithstanding the provisions of the “Modification” section above, if MORTUARYGUIDE.COM changes this “Dispute Resolution” section after the date you
first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice, to
admin@MortuaryGuide.com, within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of
MORTUARYGUIDE.COM’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between
you and MORTUARYGUIDE.COM in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or
accepted any subsequent changes to these Terms).
CHANGES TO THE SITE OR THESE TERMS OF SERVICE
MORTUARYGUIDE.COM may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or
content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.
This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. MORTUARYGUIDE.
COM reserves the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without User or Advertiser consent and you
acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive
in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be
effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (1) your sole remedy as a User, other than
an Advertiser, is to discontinue your use of the Site, and (2) your sole remedy as an Advertiser is to withhold your consent to the applicability of the proposed
amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your
use of the Site during the then-current term of your account as the same were in effect immediately prior to the proposed amendment and you agree that
you are responsible for keeping a copy of such terms.
We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User or Advertiser. Any such
terms and conditions will not be enforceable unless specifically agreed to by us.
The failure of MORTUARYGUIDE.COM to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MORTUARYGUIDE.
COM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its
other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms
invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force
If you have any questions about these Terms of Service, please contact MORTUARYGUIDE.COM at admin@MortuaryGuide.com.
|THE MORTUARY GUIDE
TERMS OF SERVICE
|TERMS OF SERVICE
Last Updated: November 30, 2015
YOU SHOULD READ THROUGH ALL OF THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE
JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. THESE TERMS
CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MORTUARYGUIDE.COM (AAP INTERNET).
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