The effective date of this Agreement is October 5, 2013.
1. ACCEPTANCE OF TERMS
Thank you for using the Cremation.com website for helping consumers to learn more about cremation and find cremation providers in their local market. Cremation.com LLC provides the Cremation.com service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.cremation.com or any other websites launched by Cremation.com LLC (collectively, the “Cremation.com“) by Cremation.com LLC (collectively, these “Terms“).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE CREMATION.COM SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE CREMATION.COM SITE, OR DOWNLOADING ANY MATERIALS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the Cremation.com Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service (as defined below) or the Cremation.com Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
2. THE CREMATION.COM SERVICE
Cremation.com provides users with access to a rich collection of on-line resources, including without limitation the ability to submit questions and comments on various posts, articles, and pages on the site (collectively, the “Service“). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: search the Cremation.com database for information; forward information to people you know, and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Cremation.com Service, and other items displayed on the Cremation.com Site (”Content“), for your own use. You may not copy or distribute any portion of the Cremation.com Site and/or the Service for any purpose not authorized above without the express written permission of Cremation.com. Cremation.com does not control the Content posted by third parties via the Service, including the content of any comments or questions, and does not guarantee the accuracy, integrity, or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CREMATION.COM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. Cremation.com reserves all rights with respect to the Service and the Cremation.com Site not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to request information from any Cremation.com Provider or use the Cremation.com Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the Cremation.com Site. Membership in the Service is void where prohibited by applicable law, and the right to access the Cremation.com Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Cremation.com Site, in compliance with the Children’s Online Privacy Protection Act (COPPA). By using the Cremation.com Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Cremation.com Site is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the Cremation.com Site.
3. No Endorsement; No Affiliation
Due to the complex and ever-changing death care service profession, we exercise no independent judgment as to the quality of the provider(s), nor do we endorse or any provider(s). We do not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation. We believe and are committed to educating family members on how to assess quality funeral services so that they can make an informed decision after losing a loved one and choosing a provider.
4. No Professional Advice
Cremation.com LLC and the Cremation.com site cannot and will not be a substitute for funeral professionals, cremation services, licensed insurance specialists, and end of life care specialists. The information contained in the Cremation.com site may include content that relates to death, funeral, cremation, or other end of life matters. It is provided for informational, educational, and discussion purposes only and should not be used, interpreted, or relied upon as professional funeral advice, or advice regarding which service providers you should use. You should consult with a licensed funeral professional, attorney, and other professional if you need assistance with matters that fall into their area of expertise. Never disregard professional funeral advice or delay in seeking it because of something you have read on the Cremation.com site.
5. Privacy and Consent to Communications
7. USER CONDUCT
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 not Cremation.com, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant Cremation.com the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. Cremation.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the Cremation.com Site, you agree not to:
1. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
3. Post information that is pornographic or sexually explicit in nature;
4. Post false or intentionally misleading information;
5. Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Cremation.com;
6. Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
7. Impersonate any person or entity, including, but not limited to, a Cremation.com official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the Cremation.com Site, the Service, or in any Content;
10. Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
11. Interfere with or disrupt the Service or the Cremation.com Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the Cremation.com Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
12. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
13. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Cremation.com Site and/or Service;
14. Create or submit unwanted email or messaging (”Spam“) to any other Cremation.com user or otherwise interfere with the enjoyment of other Members or Users of the Cremation.com Site or the Service;
15. Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the Cremation.com Site and/or the Service;
16. Access, retrieve, or index any portion of the Cremation.com Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
17. Reformat or frame any portion of the web pages that are part of the Cremation.com Site and/or Service;
18. Use of the Cremation.com Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in Cremation.com’s sole discretion, an unreasonable or disproportionately large load on Cremation.com’s IT infrastructure; or
19. Copy or store any Content offered on the Cremation.com Site for other than your own use;
You understand and agree that Cremation.com may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Cremation.com violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Cremation.com Site and/or other website users.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with Cremation.com’s RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Cremation.com.
8. CONTENT SUBMITTED TO CREMATION.COM
Cremation.com does not claim ownership of the Content you place on Cremation.com. By uploading, submitting, or otherwise disclosing or distributing content of any kind on the Cremation.com website or otherwise through the Service, you:
• Grant to Cremation.com, its affiliates and their assignees the perpetual, irrevocable, fully assignable and transferable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
• Represent and warrant to Cremation.com that you own or otherwise control all rights to such Content (including the ability to grant Cremation.com this license) and that disclosure and use of such Content by Cremation.com (including without limitation, publishing Content at the Cremation.com website) will not infringe or violate the rights of any third party; and
• Acknowledge that the Content may not be treated confidentially.
You agree not to provide Cremation.com with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Cremation.com does not pre-screen Content, but that Cremation.com and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Cremation.com and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable (in Cremation.com’s sole discretion). You agree that you must evaluate, and bear all risks associated with the use of, any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Cremation.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms, or (d) your violation of any rights of another.
10. MODIFICATION AND TERMINATION
You agree that Cremation.com may, in its sole discretion and without notice, terminate your use of the Service, the Cremation.com Site or use of any other Cremation.com service, and remove and discard any Content within the Service or the Cremation.com Site, for any reason, including, without limitation, for lack of use or if Cremation.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Cremation.com may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, Further; you agree that Cremation.com shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
The Service and the Cremation.com Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Cremation.com has no control over such sites and resources, you acknowledge and agree that Cremation.com 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 CREMATION.COM 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.
12. CREMATION.COM PROPRIETARY RIGHTS
You agree that all Content and materials delivered via the Service or otherwise made available by Cremation.com are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Cremation.com in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Systematic retrieval of data or other Content from the Cremation.com Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Cremation.com is prohibited. Any third party that contacts our providers (customers) for commercial reasons, including selling them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the Cremation.com Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Cremation.com. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Cremation.com grants you a personal, non-transferable, and non-exclusive right and license to use the Service for personal use; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, or to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Cremation.com for use in accessing the Service. Cremation.com hereby reserves all rights not otherwise expressly granted in this Section 13.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREMATION.COM EXPRESSLY DISCLAIMS ALL 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. CREMATION.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREMATION.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
READERS ARE ADVISED THAT CREMATION.COM DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE SITE. IT IS UP TO THE PARTIES INVOLVED TO CHOOSE THE PROVIDER BEST SUITED FOR EACH CUSTOMER. CREMATION.COM IS NOT INVOLVED IN THE SELECTION PROCESS.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN CREMATION.COM’S NEWSLETTER OR WEBSITE.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL CREMATION.COM (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF CREMATION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE PROVIDERS ADVERTISING ON CREMATION.COM IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE CREMATION.COM SITEFOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE CREMATION.COM SITE, OR OTHER THIRD PARTIES.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Cremation.com Site.
17. COPYRIGHT DISPUTE POLICY
Cremation.com has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Cremation.com’s Designated Agent to Receive Notification of Claimed Infringement (”Designated Agent”) is provided at the bottom of this section.
• Cremation.com Policy
It is Cremation.com’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
• Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Cremation.com Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (”Proper Bona Fide Infringement Notification“):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Cremation.com is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
• Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Cremation.com’s policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. That for repeat offenders, Cremation.com will also terminate such Content providers, or user’s access to the service.
• Procedure to Supply a Counter-Notice to the Designated Agent
If the Content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which Cremation.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Cremation.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Cremation.com’s discretion.
• Address for Designated Agent. Please contact Cremation.com’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
18. GENERAL PROVISIONS
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and Cremation.com and govern your use of the Service, superseding any prior agreements between you and Cremation.com (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Cremation.com’s prior written consent. Cremation.com may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Cremation.com services, third-party Content or third-party software. The Terms and the relationship between you and Cremation.com shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Cremation.com agree to submit to the personal and exclusive jurisdiction of the courts located within Clinton, North Carolina. The failure of Cremation.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
19. VENUE ONLY
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Cremation.com Service, such activity is solely between you and the applicable third party. Cremation.com shall have no liability, obligation or responsibility for any such activity. You hereby release Cremation.com from all claims arising from such activity.
20. TRADEMARKS AND COPYRIGHTS
Cremation.com and the Cremation.com logo are proprietary service marks of Cremation.com LL & Directors Advantage Inc. ©2013 Cremation.com LLC. – All rights reserved.
21. MANDATORY ARBITRATION
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND CREMATION.COM AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF NORTH CAROLINA.
22. BREACH OF TERMS OF SERVICE
By using the Cremation.com Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause Cremation.com great and irreparable injury and damage. Accordingly, you agree that Cremation.com shall be entitled, without waiving any additional rights or remedies otherwise available to Cremation.com at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms to us at email@example.com