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By using or accessing the Sites, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below.
1. Account Security. To use the Sites you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Sites; and (iii) register for and use the Sites in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Sites, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password ("Registration Information"). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from CFS for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at email@example.com.
3. Prohibited Conduct. You agree not to:
A. Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Sites;
E. Interfere with the operation or any user's enjoyment of the Sites, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor or copy any content or information of the Sites using any robot, spider, scraper, or other automated means or any manual process for any purpose without CFS's express written permission;
G. Use, reproduce, modify, distribute or store any part of the Sites (including obituaries, event information, or other content) for any purpose without the prior written permission of CFS;
H. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
I. Sell or otherwise transfer the access granted herein.
4. Third Party Content. The Sites may contain links to third party websites and services. CFS provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that CFS has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 the use of any such third party websites or services.
5. Intellectual Property. You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video, or post or submit other content (together, "content") to CFS or any website of any Client operated by CFS, such content will be shared with and stored by CFS and its affiliates and partners. You further acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to CFS through the Sites. The Sites are protected by applicable copyright and other intellectual property laws, and no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Sites belong to CFS, except third-party trademarks or service marks, which are the property of their respective owners.
6. User Content. You represent and warrant that you own or otherwise have the right to use any content you post to the Sites. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:
Consolidated Funeral Services, Inc.
220-15 Reservoir Street
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. CFS has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of CFS or others.
7. Indemnification. You agree that you will be personally responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless CFS from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. CFS reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. Termination. If you violate these Terms, your permission to use the Sites will automatically terminate. In addition, CFS in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites at any time, with or without notice to you. You may terminate your account at any time by contacting CFS at firstname.lastname@example.org. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but CFS may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Sites.
9. Modification of the Terms. CFS reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Sites following notice will be deemed acceptance of any modifications to the Terms.
10. Disclaimers of Warranties. The Sites are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although CFS seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Sites, and there may at times be inadvertent technical or factual errors or inaccuracies. CFS specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Sites. CFS does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Sites.
11. Limitation of Liability. In no event will CFS be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not CFS has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
12. Governing Law. These Terms are governed by the laws of the State of Massachusetts, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and CFS agree to submit to the exclusive personal jurisdiction of the state courts of Massachusetts, or, if such courts shall not have jurisdiction, any federal court of the United States, and appropriate appellate courts therefrom, for the purpose of litigating all such disputes.
13. Modification of the Sites. CFS reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites at any time without any notice or further obligation to you. You agree that CFS will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites.
A. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and CFS regarding your use of and access to the Sites, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
15. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: September 16, 2020