Funeral Home Directory Terms and Conditions

FUNERAL HOMES, CEMETERIES, CREMATION SERVICES AND CUSTOMERS

BY USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS FUNERAL HOMES, CEMETERIES, CREMATION SERVICES OR OTHER VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE WITH SAID AFFILIATES, AGENTS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.


In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions.


"The Company", "Ourselves", "We" and "Us", refers to the website www.FuneralHomeDirectory.com, also includes the operator of Funeral Home Directory.


"Party", "Parties", or "Us", refers to both the Client and the Company, or either the Client or the Company.


Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Terms of Use
These terms of use ("Terms of Use") apply to the directory listing services and all other content, products, information, software, services, features, links and functionality (collectively, the "Service") branded or available under the Web site, www.funeralhomedirectory.com (THE COMPANY"). Reference to the term "THE COMPANY" also includes the operator of Funeral Home Directory. The Service features and capabilities may vary depending on the version or level of the Service provided with these Terms of Use. As used in the Terms of Use and Privacy Policy, the terms "you," "your," "yourself" or "user" all refer to the person or entity using the Service in any way.
  1. Permitted Uses and Restrictions on Use
    Subject to these terms and conditions of the Terms of Use and the Privacy Policy, THE COMPANY will provide the Service that allows you to use the Service on the Internet. You have only a limited, non-exclusive, non-transferable ability to use the Service for your personal or internal business operations. Except as expressly stated herein, these Terms of Use are not a license agreement and your use of the Service does not grant you the status of a licensee. By entering THE COMPANY or using the Service, you agree to the Terms of Use and Privacy Policy, including the Acceptable Use Policy which is part of the Terms of Use and is stated at the end of the Terms of Use. In the event you do not agree with any provision of the Terms of Use and Privacy Policy, do not access the Service. In order to use the Service, You must at your own expense obtain access to the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. The Service supports users whose principle residence or place of business is within the United States of America and U.S. Territories.
  2. Registration and Content
    In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form(s) ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that THE COMPANY has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, THE COMPANY may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion the Funeral Home Directory). By using the Service and submitting data, files, software, text (including but not limited to names of files, databases and directories), software, music, sound, photographs, video or any other material (collectively, the "Content") to THE COMPANY or a third party in connection with this Service, you represent and warrant that:
    1. you are the owner of such Content, and
    2. the use of Content by THE COMPANY will not infringe or misappropriate the intellectual property rights or otherwise violate the rights of any third party. The Content may include, but is not limited to, company addresses and characteristics, property photographs, service pricing information, dates and names of parties. By submitting Content and Personal Information (as defined in the Privacy Policy) to THE COMPANY or a third party in connection with the Service, you hereby grant to THE COMPANY a perpetual, worldwide, non-exclusive, non-terminable, royalty-free, sublicensable and transferable license to use, reproduce and prepare derivative works of such Content and Personal Information for any lawful purpose and to display, distribute, give away or sell such Content and Personal Information to any party or parties not prohibited by law in any media format and through any media channels.
  3. Access, Password, The Company and Security
    You may designate up to the number of users under your account which correspond to the level of Service you are receiving from THE COMPANY, and you may provide and assign access and password to such users. You will be responsible for the confidentiality and use of your access number(s), password(s), and account number(s). you will be responsible for all electronic communications, including account registration and other account holder information, course information and other data including any Content ("ElectronicCommunications") entered through or under your access number(s), password(s) or account number(s). THE COMPANY will assume that any Electronic Communications it receives under your access number(s), password(s) or account numbers(s) will have been sent by you. You agree to immediately notify THE COMPANY if you become aware of any loss or theft or unauthorized use of any of your access number(s), password(s) and/or account number(s).
  4. Member Conduct
    By submitting any Content to THE COMPANY, you warrant that:
    1. you are the owner of such Content, and
    2. the use of such Content by THE COMPANY will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party. You agree to not use the Service to:
      1. interfere with or disrupt the Service or servers or networks connected to the Service;
      2. violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange; and
      3. incite or provide instructional information about illegal activities.
  5. General Practices Regarding Use, Storage and Service Access
    You acknowledge that THE COMPANY may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that THE COMPANY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted to or from the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your information as necessary to resolve the problem. You acknowledge that THE COMPANY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  6. Modifications to the Service and Terms of Use
    6.1 Modifications to the Service. THE COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service. You agree that THE COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or loss of access to the Content. THE COMPANY may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).

    6.2 Modifications to the Terms of Use. You agree that THE COMPANY may modify the Terms of Use if necessary to comply with any other agreements that THE COMPANY is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your use of the Service shall constitute your acceptance of the Terms of Use with the new modifications. If you do not agree to any of such changes, you should immediately cease all access and use of the Service. You agree that such termination of your use of the Service will be your sole and exclusive remedy if you do not wish to abide by any changes to the Terms of Use.
  7. Charges/Credits/Termination
    You agree to pay the then-current fees associated with the Service you choose. When you subscribe and provide payment information your credit card or bank account will be debited. THE COMPANY reserves the right to modify its fees with or without notice.
  8. Termination and Indemnity
    You acknowledge and agree that THE COMPANY may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that THE COMPANY believes, in its sole discretion:
    1. violates any term or provision of the Terms of Use,
    2. violates the rights of THE COMPANY or third parties,
    3. or is otherwise inappropriate for continued access and use of the Service.
    In addition, THE COMPANY reserves the right to terminate inactive membership accounts. You agree that upon termination of the Service, either by you or THE COMPANY, THE COMPANY may delete all Content and information related to your account and may bar your access to your account and the Service including, but not limited to, access to any of your Content entered into or used in connection with the Service. Further, you agree that THE COMPANY shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold THE COMPANY harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees and expenses) arising from:
    1. any inaccuracy or falsity related to the Content or the Personal Information (as defined in the Privacy Policy) and,
    2. your violation of the Terms of Use, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any intellectual property rights, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive the termination of Service.
  9. Links
    The Service may provide links or references to other Internet sites or resources. You acknowledge and agree that THE COMPANY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that THE COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  10. THE COMPANY and Third Party Proprietary Rights
    You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
  11. No Resale, Etc. of the Service
    You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by THE COMPANY for use in accessing the Service. You may not use, copy, modify or transfer the Service, in whole or in part, except as expressly provided in these Terms and Conditions. You agree to not make any attempt to decompile, disassemble or reverse engineer the Service or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Service.
  12. Disclaimer of Representations and Warranties
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE AND ANY CONTENT OR ADD-ON FEATURES THROUGH THE SERVICE
      1. WILL MEET YOUR PERSONAL OR PROFESSIONAL REQUIREMENTS OR RESULT IN REVENUES OR PROFITS,
      2. WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
      3. WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, AND
      4. WILL MEET YOUR QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICE HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
    3. ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
  13. Limitation of Liability
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE;
    2. YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY
      1. INTERRUPTION OF BUSINESS,
      2. ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE;
      3. CONTENT NON-DELIVERY, MIS-DELIVERY, ERRORS, OMISSIONS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR
      4. EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL; AND
    3. IN NO EVENT SHALL THE COMPANY'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTYS OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  14. General Information
    The Terms of Use and Privacy Policy constitute the entire agreement between you and THE COMPANY and govern your use of the Service, superseding any prior agreements between you and THE COMPANY (including, but not limited to, any prior versions of the Terms of Use and Privacy Policy) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate, advertising or other THE COMPANY services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Use and Privacy Policy shall be governed by the laws of the State of California without regard to any conflict of law provisions. You and THE COMPANY agree to submit to the personal and exclusive jurisdiction of the state courts located within the County of San Diego, California and the federal courts in the eastern district of California. The Terms of Use and Privacy Policy do not limit any rights that THE COMPANY may have under trade secret, copyright, patent, trademark or other laws. The failure of THE COMPANY to exercise or enforce any right or provision of the Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms of Use and Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use and Privacy Policy remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Use and Privacy Policy must be filed within one (1) year after such claim or cause of action arose but no later than one (1) year after your use of the Service has terminated for any reason or be forever barred. The section titles in the Terms of Use and Privacy Policy are for convenience only and have no legal or contractual effect. The Terms of Use and Privacy Policy shall inure to the benefit of THE COMPANY and its successors and assigns.
  15. Non-Discrimination Policy
    THE COMPANY does not discriminate on the basis of race, color, sex, religion, national origin, handicap, familial status or any other legally protected class in the establishment of fees, entrance qualifications or standard for the use of the Service.
  16. Survival
    All representations and warranties contained herein, and Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of the Terms of Use and all of the Provisions of the Privacy Policy, shall survive after your use of the Service has terminated for any reason.


Acceptable Use Policy
  1. Responsibility for Content
    You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and other third parties, and not THE COMPANY, are entirely responsible for all Content that you upload or otherwise view or transmit via the Service. THE COMPANY does not control the Content uploaded or otherwise transmitted by you or other third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
  2. Other Conduct
    You agree to not use the Services to:
    1. upload or otherwise transmit any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm or exploit minors in any way;
    3. impersonate any person or entity, including, but not limited to, any THE COMPANY representative, or misrepresent your affiliation with any person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    5. upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload or otherwise transmit any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
    7. upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas of the Services that may be expressly designated for such purpose;
    8. upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. interfere with or disrupt the Services or servers or networks connected to the Services;
    10. violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities; or
    11. conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be expressly designated for such purpose.
  3. Other
    This Acceptable Use Policy is subject to change at any time without notice. TERMS OF USE DATED: January 19, 2011.