Terms and Conditions

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

DISCLAIMER: Not Legal Advice. Content contained on or made available through this website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this website treated as confidential. If you contact an attorney through the website (a “website member”), your relationship with the Website member is completely independent of the Website and is governed by your agreement with the Website member. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed and we do not monitor or track, in any fashion, any information or legal advice given to you from any Website member, nor do we confirm that website members are actual attorneys or in good standing with any bar association. Your use of information on the website or materials linked from the website, including without limitation a website of a Website member, is at your own risk.



Cremations.com (here referred to as “Cremations”) is a website owned and operated by City Advertising, LLC, which is an internet based directory of attorneys, that allow Members to create unique personal profiles online in order to market their services, contribute articles, maintain a blog and find and communicate with prospective clients, as well as other services provided by our website. The services offered by Cremations.com include any Cremations-branded URL (the "Cremations.com Website"), Cremations.com mobile services, and any other features, content, or applications offered from time to time by Cremations.com in connection with AccidentAttorney’s business (collectively, the " Cremations.com Services"). The Cremations.com Services are hosted in the United States. Your use of this website constitutes your agreement to be bound by these terms and conditions set forth below.


1. Eligibility. Use of the Cremations.com Services and registration to be a Member for the Cremations.com Services (“Membership”) is void where prohibited. By using the Cremations.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Cremations.com Services does not violate any applicable law or
regulation.

2. Limitations on Use. The Content on this Website is for personal use only and not for commercial exploitation. You may not reverse engineer, decompile, disassemble, rent, lease, sublicense, loan, sell, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without Cremations.com 's prior written permission.

You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is
prohibited.


3. License of Your Content to Cremations.com. By creating a profile, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Cremations.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed regardless of creation date from time of submission thereafter. In addition, you agree your information may be used for marketing material, press releases and other forms of publicity without notification or prior written authorization from you, as expressed above.


4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.


5. Registration. Certain sections of this Website require you to register. If registration is requested, you agree to provide Cremations.com with accurate, complete registration information. It is your responsibility to inform Cremations.com of any changes to that information. Cremations.com does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Cremations.com im tely by emailing info@Cremations.com



6. Fees. You acknowledge that Cremations.com reserves the right to charge for any portion of the Cremations.com Services and to change its fees (if any) from time to time in its discretion. If Cremations.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).


6.1 Cancellation: At any point you may cancel your membership to Cremations.com by sending an email to info@Cremations.com. Upon receipt of your request we will cancel your account immediately and reapply any discounts received as those are related to an annual contractual commitment, if any unused portion of fees remain they will be refunded. By cancelling your account you will no longer be able to access your page, account and your information will be removed from our database which means no one will be able to find you on Cremations.com and your permalink will be removed indefinitely.



7. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Cremations.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.



8. Protecting Copyrights and Other Intellectual Property. Cremations.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Cremations.com has the
right to terminate the Membership of infringers.


If you believe your work has been copied and posted on or through the Cremations.com Services in a way that constitutes copyright infringement, please send AccidentAttorney's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Cremations.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Cremations.com 's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Cremations.com, 3333 S. Congress Avenue, #303, Delray Beach, FL 33445; Facsimile:1-800-460-4071 Attn: Copyright Agent. AccidentAttorney's Copyright Agent for notification of claimed infringement can also be reached electronically by sending an email to info@Cremations.com. Cremations.com provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.


9. Linking to the Website. You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Cremations.com notice of such link by sending an email to info@Cremations.com and (c) you discontinue providing links to this Website if requested by Cremations. If you wish to provide links to a section within the Website, you should forward your request to Cremations.com at info@Cremations.com and Cremations.com will notify you if permission is granted, and if so the terms and conditions of the permission.



10. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Cremations.com will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.


11. No Solicitation. If a User has requested that a Website member contact the User, the Website member may do so. In no other event may any person or entity solicit any Users with data retrieved from this Website.


12. Errors and Corrections. Cremations.com does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.
Cremations.com does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. Cremations.com may make improvements and/or changes to its features, functionality or Content at any time.



13. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. Cremations.com is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of
Cremations.com .



14. DISCLAIMER. Cremations.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Cremations.com Services, whether caused by Users of the Cremations.com Services or by any of the equipment or programming associated with or utilized in the Cremations.com Services and such User Content does not necessarily reflect the opinions or policies of Cremations. Profiles and third party applications created and posted by Members on the Cremations.com Website may contain links to other websites. Cremations.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Cremations. Inclusion of any linked website on the Cremations.com Services does not imply approval or endorsement of the linked website by Cremations. When you access these third party sites, you do so at your own risk.



Cremations.com takes no responsibility for third party advertisements or third party applications that are posted on or through the Cremations.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Cremations.com is not responsible for the conduct, whether online or offline, of any User of the Cremations.com Services. Cremations.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Cremations.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Cremations.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Cremations.com Services. Under no circumstances shall Cremations.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Cremations.com Services, attendance at a Cremations.com event, from any User Content posted on or through the Cremations.com Services, or from the conduct of any Users of the Cremations.com Services, whether online or offline. The Cremations.com Services are provided "AS-IS" and as available and Cremations.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cremations.com cannot guarantee and does not promise any specific results from use of the Cremations.com Services.



15. LIMITATION OF LIABILITY. IN NO EVENT SHALL Cremations.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE Cremations.com SERVICES, EVEN IF Cremations.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Cremations.com's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO ONE MONTH’S PAYMENT, IF ANY, BY YOU TO Cremations.com FOR THE Cremations.com SERVICES DURING THE TERM OF MEMBERSHIP. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, Cremations’s SOLE OBLIGATION TO YOU
FOR DAMAGES SHALL BE LIMITED TO $100.00.



16. Unlawful Activity. Cremations.com reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.



17. Remedies for Violations. Cremations.com reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Cremations.com 's Websites and their features.



18. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Florida.



19. Privacy. Your use of the Website is subject to AccidentAttorney's Privacy Policy, available through this link.


20. Indemnity. You agree to indemnify and hold Cremations, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Cremations.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Cremations.com Services causes Cremations.com to be liable to another.



21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy constitute the entire agreement with respect to access to and use of the Website. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect
their validity and enforceability.



22. Modifications to Terms of Use. Cremations.com reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective im tely. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.



23. Other. This Agreement is accepted upon your use of the Cremations.com Website or any of the Cremations.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Cremations.com regarding the use of the Cremations.com Services.



The failure of Cremations.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Cremations.com is a trademark of City Advertising, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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