Version 6 - Last Updated 11/27/2017
2. Age Requirement
3. Services Offered on the Site
4. Rules Regarding Site Use
You agree to honor the following rules and restrictions for using the database which is provided as part of the Services:
5. Information Security Incident Reporting
An Information Security Incident is defined as any occurrence that involves:
Should you discover or suspect an Information Security Incident has occurred, you are required to immediately contact ObituaryData by phone only at 888-286-4006 and report the incident. Once the incident has been reported, ObituaryData will follow the Information Security Incident Procedure.
6. Changes to Site and Access to Site
7. Site Content Ownership
8. Limited Right to Use Site Materials
9. Services and Pricing
You agree to pay to OD the applicable charges as described in an order for Services. Payment may be made by check or major credit card and is due, in advance, for the period agreed to at the time an order is accepted by OD. Any service for which we offer a monthly, in arrears, billing option must be paid within ten (10) days of the due date on the invoice. Payments made after that date will incur a late charge of 10%. We reserve the right to suspend or cancel, at our sole option and without limitation, any Services (to include denying access to the Site via previously-authorized Logins) for which payment is delinquent; to require that services previously billed monthly be paid in advance; and/or to require full payment in advance before reinstating Services or access to this Site for delinquent accounts.
All features, specifications and prices of Services described on the Site are subject to change at any time without prior notice. We always attempt to maintain current pricing on the Site. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We reserve the right to correct such errors without obligation to any User, except that such corrections may not be retroactively applied to any services for which we have accepted payment. In addition, we may make changes in information about price and availability without notice.
10. Default and Remedies
11. Limitations on Linking and Framing
12. Content You Submit To Us
13. Excessive Use of Site
Generally, OD will allow unlimited use of the database as described in each use or subscription agreement for the applicable Services. However, in the event that you perform more than 100 countable searches per day, OD reserves the right to suspend the applicable Service to determine if the activity is within the agreed use and for the stated purpose of the agreement. OD may request, from you, such information as may reasonably be necessary to make such a determination, and may make further access to Services contingent upon the provision thereof. In the event that OD cannot verify your compliance with the applicable limitations, OD reserves the right to cancel the remaining term of the applicable agreement. Your sole and exclusive remedy in the event of such cancellation will be a pro-rata refund of any pre-paid fees.
14. User Feedback and Submissions
OD welcomes your feedback, but if you send us any feedback, messages, comments or tags; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to OD that you either own the Submission or have the right to grant OD the license described below. OD does not claim to own such Submission; we claim only the rights you have licensed to us.
15. Availability of Site and Content
OD may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in OD's sole discretion, and without advance notice or liability. In the event such suspension or termination exceeds 72 consecutive hours, your sole and exclusive remedies shall be those listed in paragraph 9(B).
16. Reservation of All Rights Not Granted as to Content and Site
17. Customer Service
If you have any question about the Site or the Services or you otherwise wish to contact us, please use the contact information displayed on the website to call, write or email us and we will respond as quickly as possible.
18. General Practices Regarding Use and Storage
You acknowledge that OD may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that data “list maintain” requests, content or information, will be retained by the Site, the maximum disk space that will be allotted on OD’s storage devices on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that OD has no responsibility or liability for the deletion or failure to store any submissions, regardless of form or type, placed on, maintained, or transmitted by the Site. You further acknowledge that OD reserves the right to modify these general practices and limits from time to time.
19. Linking and Third Party Content
The Site may contain links to third–party websites not under our control or operation. OD or users may provide any such links only as a convenience; OD does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses, malware, and any other harmful content of any kind.
20. Laws and Regulations
You acknowledge and agree that OD, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.
23. Procedure for Alleging Copyright Infringement
It is often difficult to determine if your copyright has been infringed. OD may elect not to respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and OD may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
24. Disclaimer of Warranties
OD PROVIDES THE SITE, AND ALL INFORMATION, CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. OD HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, REGARDING:
· YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN, OR
· THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE.OD SPECIFICALLY DOES NOT WARRANT THAT THE OD SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE OD SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY. OD MAKES NO REPRESENTATION THAT THE FOREGOING LIST IS AN EXHAUSTIVE CATALOG OF ALL POSSIBLE MALFUNCTIONS; OD HEREBY GIVES NOTICE, AND YOU AGREE BY YOUR USE OF THIS SITE, THAT THIS DISCLAIMER IS TO BE CONSTRUED AS BROADLY AS PERMITTED UNDER APPLICABLE LAW.
25. Limitation of Liability
OD SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT AND SERVICES PROVIDED VIA THE SITE. OD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF OD HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY OD. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, OD’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL FEES PAID TO OD BY YOU WITH RESPECT TO THE PARTICULAR SERVICE AT ISSUE OR $50, WHICHEVER IS GREATER.
26. 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 LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
27. Governing Law and Jurisdiction
28. Services Non-Exclusive
You acknowledge and agree that the Services provided by OD are non-exclusive and that nothing herein shall restrict OD from providing the Services to any other individual and/or entity.