FuneralStat, LLC Terms of Service

 

(1)        Applicability and Acceptance of these Terms of Use

 
By subscribing, viewing, using, accessing, browsing, or submitting any content or material on or to this Site, you, whether a natural person, corporation or other entity (hereinafter referred to as the “Subscriber”), agree to these Terms of Use as a binding legal agreement between Subscriber  and FuneralStat, LLC, a limited liability company formed and existing under the laws of the state of Georgia (“FuneralStat”), without limitation or qualification.   If Subscriber does not agree to these Terms of Use, then Subscriber may not use this Site.  FuneralStat reserves the right to modify these Terms of Use at any time without prior notice.  Subscriber agrees that each visit it makes to this Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following any modifications in these Terms of Use, confirms that Subscriber has read, accepted, and agreed to be bound by such modifications.

 

(2)        Scope.

 
FuneralStat spends a great deal of time and money to obtain the information appearing on its web sites.  FuneralStat grants Subscriber permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, email, or print individual pages of this Site, or sections of the Site that Subscriber has paid to use, in accordance with these Terms of Use and solely for Subscriber’s own use, provided Subscriber does not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. Subscriber may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above.

 
Except as specifically authorized by FuneralStat, Subscriber may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site.  FuneralStat reserves all of its statutory and common law rights against any person or entity who violates this paragraph. Subscriber may not link or frame to any pages of this Site or any content contained therein, whether in whole or in part.    

 
To prevent access by multiple users sharing one account, FuneralStat reserves the right to limit access for each Subscriber to a fixed number of physical locations or machines or to a specific number of simultaneous logons.  Subscriber agrees to notify FuneralStat in advance if their situation calls for use of multiple machines.  In addition, if such a scenario exists, the Subscriber is responsible for logging out appropriately in order to login successfully in another location.

Any rights not expressly granted herein are reserved.

 

(3) Payment Obligation and Credit Card Authorization.  All subscription fees are non-refundable.

 
The Subscriber is responsible for paying periodic subscription fees, and hereby authorizes FuneralStat to charge the Subscriber’s credit card, debit card, or bank account, to pay for the ongoing cost of subscriptions via automatic debit. Subscription plans, offerings and length of terms offered may vary by state.  Unless specifically stated, Subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the Subscriber terminates the subscription in writing at least one month prior to the renewal date.  When a termination is requested by a Subscriber, there is no refund for any unused portion of the current subscription.  Subscriber acknowledges and agrees that the authorization to charge Subscriber’s credit card for services shall automatically transfer to any successors or assigns of Service or of FuneralStat for substantially similar services at the same website.  Subscriber may not assign or transfer his, her or its subscription to any other person or entity.  Should Subscriber request a refund which is denied for a valid reason under these Terms of Service, and should Subscriber subsequently file a claim against FuneralStat, FuneralStat shall be entitled to collect from Subscriber all costs (including attorneys’ fees) associated with defending such a claim.

 

(4)        Discounted Trial Subscriptions and Coupons

 
Occasionally FuneralStat may offer promotional discounted trial subscriptions to the Service. Subscribers that sign up for a free trial membership will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least 48 hours before the end of the trial.

 
Only one free trial period is allowed per Subscriber.  Subsequent subscriptions do not qualify for free trials.  FuneralStat  may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term.  By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that FuneralStat may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.

 

(5)        Packages

 
FuneralStat may offer differ packages covering different territories, counties, states or other geographical areas.  Discounts may be given for subscriptions of numerous areas (“Special Packages”).  Subscriptions to one type of package will not give the user access to the other.  All packages are automatically renewed according to the term selected by the Subscriber, while Special Packages are automatically renewed unless otherwise specifically stated.  Each Special Package specifies what content is included.

 

  (6)        Subscriber Information

 
Subscriber must promptly inform FuneralStat of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in business or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of  identification word or password.  Until FuneralStat is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Site.

 

(7)        Access

 

Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Site and its services.  Access to and use of the Site is through a combination of an identification word and a password.  Each Subscriber must keep his, her or its password strictly confidential.  FuneralStat will not release passwords for any reason, except as may be specifically required by law or court order.  Unauthorized access to the Site is a breach of this Agreement and a violation of law.

 

(8)        Warranty

 
No warranty is made by FuneralStat regarding any information, services, or products provided through or in connection with the Site, and FuneralStat hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose.

 
The Subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.

 

(9)        Links to Third Party Sites

 
The FuneralStat site may contain images of and links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of FuneralStat and FuneralStat is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  FuneralStat is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FuneralStat responsible if the Linked Site is not working appropriately.  FuneralStat is providing these links to the Subscriber only as a convenience, and the inclusion of any link does not imply endorsement by FuneralStat of the site or any association with its operators.  The Subscriber is responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

 
Any dealings with third parties (including advertisers) included within the FuneralStat sites or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  FuneralStat shall not be responsible or liable for any part of any such dealings or promotions.  By subscribing, registering, or using the FuneralStat site, the Subscriber agree that it will indemnify and hold harmless FuneralStat from any liability whatsoever associated with its dealings with said third parties.

 

(10)      Limitation of Liability

 
With respect to the use of the products and services offered on this site, FuneralStat reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the this site, in FuneralStat’s sole discretion, without notice at any time.

 
This site contains pages created and/or maintained by FuneralStat.  You agree to use this site only to receive material that is proper and related to the particular package purchased, and to comply with all applicable laws and these Terms of Use and Notices.

 
FuneralStat reserves the right to terminate a Subscriber’s  access to its site and services at any time without notice for any reason whatsoever. Furthermore, FuneralStat reserves the right to terminate or change any part of the site at any time.

 
The information, services, information, and other material included in or available through the this site may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time.

 
By registering or subscribing on this site, the Subscriber agrees that it is giving explicit consent to FuneralStat to send to Subscriber various emails, including marketing emails of various types.  Subscriber hereby agrees that, although FuneralStat may provide methods for opting out of these emails, that these emails are not “unsolicited emails” or “spam,” and that Subscriber will indemnify and hold harmless FuneralStat, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, FuneralStat’s sending of these emails, and/or Subscriber’s receipt thereof.

 
Subscriber’s access to and use of this site, and products and services of this site, is at Subscriber’s own risk.  FuneralStat, and its members, sponsors, and suppliers will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with Subscriber’s use of the this site Network, or such products or services.  FuneralStat makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the this site Network, or such products or services.  Without limiting the foregoing, FuneralStat AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE.  ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.   FUNERALSTAT AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 
IN NO EVENT SHALL FUNERALSTAT ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUNERALSTAT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 
THE SUBSCRIBER AND FUNERALSTAT AGREES THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.  THE SUBSCRIBER AND FUNERALSTAT AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 
IF DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, THE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.

 

(11)      Indemnification and Hold Harmless.  

 
Subscriber shall indemnify and hold harmless FuneralStat and its directors, officers, owners, affiliates, agents and employees, from and against any and all claims, losses, expenses, damages, causes of action and liabilities of every kind and nature, including without limitation reasonable attorneys fees, arising out of or related to FuneralStat’s acts or omissions or performance hereunder, or from any other acts of FuneralStat, its directors, officers, owners, agents, employees, subcontractor and agents, or acts of site designers, architects, repairers, or inspector,  howsoever caused, instituted by third persons other than Subscriber.  This provision does not impose any indemnity or hold harmless obligation on Subscriber for an incident that is the result of FuneralStat’s sole negligence.

 

(12)      Delays of Performance.

 
FuneralStat will make every effort to update this site in a reasonable period of time.  FuneralStat, its officers, directors, agents, and/or employees assume no responsibility or liability for loss, damage, or delay caused by Acts of God, fire, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of suppliers of information and data provided to FuneralStat, voluntary or mandatory compliance with any governmental act, regulation or request,  interruption of electric or telecommunication services, or any other cause or causes beyond FuneralStat’s reasonable control.  In the event of delay due to any such cause, the time of performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay.  FuneralStat will not be liable for any consequential damages to Subscriber or any third party due to any such delay.

 

(13)      Notices

 
Notices by FuneralStat to Subscribers may be given by means of electronic messages or by a general posting on the service.  Notices by Subscribers may be given by electronic messages.

 

(14)      Agreement

 
This Agreement contains the entire agreement between the Subscriber or user and FuneralStat regarding the use of the services, and supersedes all prior written and oral understandings and writings.

 

(15)      Choice of Law, Venue

 
These Terms and Conditions shall be governed pursuant to the laws of the State of Georgia. Venue shall be in Chatham County, Georgia for any and all cases arising out of the use of the FuneralStat network and/or regarding content published on the FuneralStat network.  By using this site, registering on this site, or subscribing to this site, the Subscriber agrees to all of these terms.

 

(16)      Enforceability

 
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

(17)      No Waiver

 
The failure of FuneralStat, LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.

 

(18)      Headings & Construction.

 
The section titles in the Terms of Use are for Subscriber’s convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.