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Terms of Use & Privacy Policy

 


 

Terms of Use 

 

Welcome to funeralguardian.com (“Web Site”).  Your use of this Web Site is subject to these Terms of Use and our separate Privacy Policy.  You should carefully read these Terms of Use and the Privacy Policy before using this Web Site.  By using this Web Site, you agree to be bound by and accept these Terms of Use and the Privacy Policy.  If you do not agree to these Terms of Use and the Privacy Policy, do not use this Web Site for any purpose or means. 

Web Site

This Web Site is the sole property of Vermaso, LLC, an Ohio limited liability company (the “Company”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Terms of Use.  The Web Site provides information and on-line directories for funeral homes and other funeral product and service vendors and provides business and other classified ads for its users, bringing users together with third party providers of funeral and related products and services.  In addition, the Web Site allows for memorial and obituary postings for its users.   You hereby assume all risks associated with the use of this Web Site as the Company has not verified any information posted on this Web Site.  You should not rely upon any content or materials on this Web Site for any reason whatsoever.  

Directory/Advertisements/Links

This Web Site may contain directory references, advertisements and links to other businesses and web sites not owned, controlled or maintained by the Company.  These references, advertisements and links are provided solely for your convenience and to allow you to access information concerning businesses offering products and services in the funeral home and related industries.  The Company does not have control over and is in no manner responsible for any third party that is referenced, advertised or otherwise linked on this Web Site.  Further, the Company does not verify nor guarantee any pricing, quality or other aspects of the businesses of such third parties.  The inclusion of any reference, advertisement or link to another business or web site does not imply any endorsement, association or affiliation by the Company of the linked business or web site or any of their products or services.  In the event any user of the Web Site engages any third party referenced on the Web Site, such engagement shall be strictly between such user and third party and the Company is not be liable in any manner arising out of such engagement.   The Company prohibits any web site from linking to this Web Site, including, but not limited to, the use of the Company’s trademark to indicate any such link, without the express written consent of the Company.

Trademark

This Web Site contains materials, such as names, terms, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company or possibly of third parties.  Nothing in this Web Site should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark, service mark or trade dress used in this Web Site, in any manner whatsoever.  Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, as a part of a link to this Web Site without the express written permission of the Company, is strictly prohibited.

Copyright

The content and materials provided on this Web Site are subject to the ownership rights of the Company or are authorized to be used by the Company.  The Company hereby authorizes you to make a single copy of the content on this Web Site for personal use. You must retain all copyright and other proprietary notices contained on this Web Site on any copy of the content or material from this Web Site.  Any other use of the content or materials on this Web Site is strictly prohibited. Except as otherwise provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, materials, products or services from this Web Site. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

The Web Site allows users to post memorials, obituaries, ratings and other remarks and information on the Web Site and to submit information to the Company.  Such posts and information are non-confidential.  By providing such posts and information, you hereby grant the Company a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such ratings, posts and information and to authorize third parties to use such posts and information.  Any posts and information not provided by you with this authorization may not be submitted on the Web Site or to the Company.  Children under the age of 13 are not permitted to submit any posts or information on or to this Web Site, including any personally identifiable information.

No posts or information submitted on or to this Web Site may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; and (f) any advertisements or solicitations for business.

The Company shall not be liable for any ratings or posts by users on this Web Site and does not represent or warrant that such ratings or posts are truthful, accurate or reliable.  Any reliance on the information posted to this Web Site will be at your own risk.  The Company reserves the right to expel any user of the Web Site and remove any ratings, posts or any information or materials within such ratings and posts from the Web Site at any time or for any reason in its sole and absolute discretion. 

Disclaimer

THIS WEB SITE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.  THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEB SITE.  IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING TO YOUR COMPUTER OR FROM BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE.

Indemnity

By using this Web Site, you agree to defend, indemnify, and hold harmless the Company and its affiliates and their respective officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that arise from your use or misuse of this Web Site or breach of these Terms of Use.  The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Modifications and Revisions

The Company may, in its sole discretion, modify or revise these Terms of Use and the Privacy Policy at any time.  Any changes or revisions to these Terms of Use or the Privacy Policy will be posted on the Web Site.  Accordingly, you should visit this Web Site periodically to review these Terms of Use and the Privacy Policy.

General Provisions

The use of this Web Site and these Terms of Use shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions.  The sole jurisdiction for any legal proceedings arising out of your use of this Web Site or any provision in the Terms of Use or the Privacy Policy shall be in Summit County, Ohio.  Any waiver by the Company of a breach of any provision of these Terms of Use shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms of Use.  If any one or more of the provisions contained in these Terms of Use shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, these Terms of Use and any provision herein shall not be rendered null and void and shall not be affected or impaired.  These Terms of Use contain the entire agreement between you and the Company with respect to the use of this Web Site and hereby supersedes all previous agreements with respect to the use of this Web Site.  The Company may modify or amend these Terms of Use or the Privacy Policy at any time without notice to you or any third party.  Your use of this Web Site shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company. Use of this Web Site is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms of Use.

Contact Us

If you have any questions or comments regarding the use of this Web Site, these Terms of Use or our Privacy Policy, you may contact the Company through this link to our Contact Us page.  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.

 

 


 

Privacy Policy 

 

Vermaso, LLC (the “Company”) is committed to protecting the privacy of your personal information collected through funeralguardian.com (“Web Site”).  This Privacy Policy is provided to inform you about what information is collected about you, how the Company uses and discloses such information and the security measures the Company employs to safeguard such information.  By using this Web Site, you consent to the terms of this Privacy Policy.  If you do not agree with this Privacy Policy, do not use or submit any personal information to this Web Site.

Information Collected

You may generally visit this Web Site without providing any personal information. However, the Company may track general information regarding your use of the Web Site.  This information may then be aggregated with other information to track overall user traffic patterns on the Web Site.  Such information does not identify you personally and may include, without limitation, the daily number of visitors to the Web Site and the daily requests for certain pages on the Web Site.  Such information may then be used to customize this Web Site to better meet the users needs.  Further, such information may be shared with the Web Site’s potential and current business partners and advertisers.

You may register with the Web Site.  In connection with registration, you will submit personal information, such as your name, address, telephone number and e-mail address.  In the event you post any memorials, obituaries, ratings and other remarks and information, or light a candle in our memorial section, the Company may post your personal information, including your name, e-mail address and IP address, along with such postings and information.  Such personal information is posted in order to identify the poster of such information, as the Company is not responsible for the postings of any of its users.

Except as provided herein, any personal information submitted to the Web Site in connection with the registration on the Web Site will not be shared by the Company, except to service providers in connection with the operation of the Web Site.  Additional personal information may be submitted to the Web Site through e-mails, question or comment requests or other submissions to this Web Site.  Such information may also include any memorials, remarks, suggestions, ideas or other information submitted through e-mails from you to the Web Site. 

Cookies

A cookie is an element of data that is sent by a web site to be stored in your web browser so that the web site can recognize you the next time you visit the web site.  The Company uses cookie technology on this Web Site in order to assist them in customizing and personalizing your visit to this Web Site.  By using cookies, the Company will be able to identify your habits and be more responsive to your needs while on this Web Site.  Examples of how the Company may use cookies includes assisting its users with filling out forms or speeding the time to load graphic information or data.  You may set your web browser to notify you when you receive a cookie, which will allow you to accept or reject the cookie.  However, if you decide not to accept a cookie, you will limit the ability to personalize your visit to this Web Site. 

How Information is Used

The Company does not sell, rent or barter any personal information collected through its Web Site with any third parties.  Further, the Company does not disclose any personal information collected through its Web Site, except as provided in this Privacy Policy or as otherwise permitted by law.  The Company may share your personal information internally with its employees and affiliates to market and notify you about the Company’s products and services, to customize or personalize your use of this Web Site or otherwise better serve you as a customer or potential customer of the Company.  The Company may also share your personal information with third parties in limited circumstances in order to better provide you its products and services.

Notwithstanding anything to the contrary in this Privacy Policy, the Company reserves the right to transfer your personal information to a third party in connection with the sale, assignment or other transfer of the Company’s business or where reasonably necessary to comply with any law or court order.

Site Security

The Company maintains physical, electronic and procedural safeguards to guard your personal information collected by this Web Site.  However, the Company and its affiliates do not ensure or warrant the security or accuracy of any information stored by this Web Site.  By submitting any information to this Web Site, you acknowledge that such information is not totally secure and agree to hold the Company and its affiliates harmless for any failure to maintain the security of such information.

Children’s Privacy

This Web Site is not directed toward and does not intend to collect any personally identifiable information from children under the age of 13.  This Web Site prohibits the submission of any personally identifiable information from children under the age of 13.  If you are aware of any information being submitted to this Web Site by a person under the age of 13, please contact us immediately through this link to our Contact Us page.  If the Company determines that a child under the age of 13 has provided personally identifiable information in violation of this policy, the Company will delete such information from its files or database.

Links

This Privacy Policy applies only to this Web Site.  For your convenience, this Web Site may contain directories, advertisements and links to other businesses and web sites not owned, controlled or maintained by the Company.  The Company is not responsible for and makes no representations regarding the privacy practices of these businesses and  web sites.  The Company strongly encourages you to review the privacy policy of any web site that you visit, including those web sites linked to this Web Site. 

Opt-Out

If you do not wish to receive any notices or other information from the Company, you may request to be taken off the Company’s mailing list by contacting the Company through this link to our Contact Us page. 

Modifications and Revisions

The Company may, in its sole discretion, modify or revise this Privacy Policy at any time.  Any changes or revisions to this Privacy Policy will be posted on the Web Site.  Accordingly, you should visit this Web Site periodically to review the most updated Privacy Policy.

Contact Us

If you have any questions or comments regarding this Privacy Policy, you may contact the Company by electronic mail through this link to our Contact Us page.  The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.

Contact Us

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