iMortuary.com Website Terms of Use

Effective: March 2017

Welcome to iMortuary, found at www.imortuary.com (the "Website"), which is owned and operated by Copper Six LLC, a Washington limited liability company ("we," "us," "our," or "Copper Six"). The Website is a service to the general public providing resources for consumers searching for funeral home services, funeral flowers, cemetery addresses, and funeral pre-planning (together with the Website, the "Services"). Please read these Terms of Use (these "Terms") carefully as they form a contract between you and us that governs your access and use of our Services and other interactions you may have with us (collectively, the "Services").

1. YOUR ACCEPTANCE OF THESE TERMS

By using our Services, you are accepting these Terms and agreeing that you will only use the Services in compliance with these Terms. You may only use our Services if you have the legal power to form a contract with Copper Six.

Please note that throughout these Terms, you will see capitalized words or phrases. These capitalized words and phrases are defined terms. The defined terms are first set off from the other text in parentheses and bold, italicized text. Their definitions are found either in this document or in our Privacy Policy, found at www.imortuary.com/privacy-policy.php, which is incorporated into these Terms by reference.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please see Section 11, below, for more information.

2. CHANGES TO THESE TERMS

Copper Six reserves the right to add, delete, and/or modify any part of these Terms at any time and in its sole discretion by posting a change notice on the Services. In the event of substantive changes to these Terms and if we have your email address, you may be notified by email of such changes. If any change to these Terms is unacceptable to you, you should immediately cease using the Services. Your continued use of the Services following notice as provided above will constitute your binding acceptance of such changes.

3. ACCESSING THE WEBSITE

3.1 License to You

Copper Six grants you a limited, revocable, nonexclusive, nontransferable right to access the Services for personal, non-commercial use. Copper Six and its licensors own and shall retain all rights, title and interest in and to the Services and all modifications and improvements thereto (including any made by or with your participation), and, unless otherwise agreed in writing, all intellectual property rights therein (collectively, "Our Property"). You agree not to challenge our exclusive ownership of Our Property or directly or indirectly assert any rights inconsistent with our ownership of Our Property.

3.2 License from You

By sending messages to us or submitting or uploading content through the Services, including but not limited to images, suggestions, ideas, comments, or any other feedback you have generated (collectively, "Your Submissions"), you automatically grant, and you represent and warrant that you have the right to grant, to Copper Six an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, and prepare derivative works of Your Submissions. You further waive all moral rights with respect to Your Submissions. You also represent and warrant that posting of Your Submissions on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

4. PERMISSIBLE USES OF THE WEBSITE

You may only use the Services as expressly permitted by Copper Six and only for lawful purposes. Furthermore, you agree that you will not do any of the following:

  1. Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services without our prior written consent;
  2. Use the Services in any manner that could damage, disable, overburden, disrupt or impair any Copper Six server, the network(s) connected to any Copper Six server, or interfere with any other party’s use and enjoyment of the Services;
  3. Disobey any applicable policies or regulations of networks connected to the Services;
  4. Modify, adapt, translate or reverse engineer the Services;
  5. Frame or reformat the Services in any way; or
  6. Register an account with us using any automated means or under false pretenses.
  7. Use the Services to advertise products or services other than pursuant to an advertising agreement entered into between you and us.

5. THIRD PARTY CONTENT

5.1 Accuracy of Third Party Content

Copper Six does not in any way verify the qualifications of funeral homes, cemeteries, or other service providers listed on the Services (the "Listed Providers") and does not evaluate or control exchanges between Services users and any Listed Providers.

5.2 Third Party Services

The Services contains links to third-party websites that are not under the control of Copper Six, and Copper Six is not responsible for nor does it guarantee the accuracy or integrity of any content of any linked site. The inclusion of any link does not imply that Copper Six endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third-party website or any Listed Provider, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party or Listed Provider. Copper Six is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third-party websites on the Services. These third parties may have their own terms of use and/or other polices. When you use those services, you must comply with such terms and policies, as well as these Terms. If any such terms or policies conflict with these Terms, or other Copper Six agreements or policies, you must comply with these Terms and any other Copper Six agreements, or policies, as applicable.

5.3 Proposals; Relationship with Listed Providers; Release

As a Services user, you are able to submit a request to Listed Providers for additional information regarding select funeral related services within your geographic area (a "Proposal"). You are not bound to accept any of the Proposals submitted by any Listed Provider or any entity that receives your information via your Proposal request. A Proposal is not a binding offer and is not intended to create a contractual relationship between you and any Listed Provider.

You understand that any Listed Provider that submits a Proposal to you may keep your information and any other information provided by Copper Six or received by them in the processing of your request for a Proposal, whether or not you begin a relationship with the Listed Provider. Further, if you supply your telephone number to us during the Proposal request process, you understand that you may, and consent to, receive sales and/or telemarketing calls from a live agent or artificial or pre-recorded voice at your provided phone number, dialed manually or by an automated telephone dialing system. You may revoke this consent by notifying a Listed Provider directly if you no longer want to receive communications from them.

THE LISTED PROVIDER THAT YOU CHOOSE TO ENGAGE, IF ANY, IS SOLELY RESPONSIBLE FOR PROVIDING THE AGREED UPON SERVICE TO YOU, AND YOU HEREBY RELEASE AND FOREVER DISCHARGE COPPER SIX AND ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, OR CONTROVERSY OF EVERY KIND AND NATURE, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT HAS ARISEN OR MAY ARISE DIRECTLY OR INDIRECTLY OUT OF OR RELATED DIRECTLY OR INDIRECTLY TO ANY INTERACTION WITH, OR ACT OR OMISSION OF, ANY LISTER PROVIDER OR OTHER SERVICES USER.

6. COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at Copper Six’s discretion, Copper Six may terminate your access to and use of the Services if you become a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to such content be blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details).

Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices and counter notices with respect to the Services should be sent to Copper Six LLC, Attn: Legal, 4616 25th Avenue N.E., Suite 480, Seattle Washington 98105, or by email at [email protected]

7. TRADEMARKS

"Copper Six" and "iMortuary" are trademarks of Copper Six LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks and company names used on the Services may be trademarks of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks or service marks without the express prior written consent of the owner.

8. WARRANTY DISCLAIMER

COPPER SIX PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. COPPER SIX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. COPPER SIX MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON INFRINGEMENT.

9. LIMITATION OF LIABILITY

COPPER SIX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF COPPER SIX EXCEED THE AMOUNT DIRECTLY PAID BY YOU TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.

10. INDEMNIFICATION

You will indemnify and hold Copper Six, its directors, officers, employees, agents, and licensors harmless with respect to any damage, loss, expense, suit, or claim, including attorneys’ fees and costs (collectively, a "Claim") arising out of your breach of these Terms or any Claim arising out of your misuse of the Services. If you are required to indemnify Copper Six under this section, Copper Six will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Copper Six’s express written permission.

11. DISPUTE RESOLUTION

11.1 Mandatory Arbitration

Any controversy, claim or dispute of whatever nature arising between you and Copper Six arising out of or relating to the breach, termination, enforceability, scope, or validity of these Terms (a "Dispute"), will be resolved by binding arbitration in King County, WA, USA or other location agreed upon by Copper Six. As between you and us, the prevailing party in any such Dispute will be entitled to recover all costs, including reasonable attorneys’ fees, at trial and on any appeal or petition for review, incurred in enforcing these Terms.

11.2 Procedure

Neither party will commence an arbitration proceeding pursuant to the provisions set forth below unless that party first gives a written notice (a "Dispute Notice") to the other party setting forth the nature of the Dispute. The parties must attempt in good faith to resolve the Dispute through discussions between the parties. If the Dispute has not been resolved as provided above, within sixty (60) days after receipt of the Dispute Notice, or if a party fails to participate in those discussions, then the dispute will be determined by binding arbitration.

Any Dispute shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on any award may be entered in any court having jurisdiction.

Notwithstanding the foregoing, claims of infringement or misappropriation of another party’s patent, copyright, trademark, or trade secret shall not be subject to this agreement to arbitrate. Such claims shall be brought exclusively in the state or federal courts of King County, Washington. Additionally, notwithstanding this agreement to arbitrate, the Copper Six shall not be precluded from seeking provisional remedies in aid of arbitration (e.g., injunctive relief) from a court of appropriate jurisdiction.

11.3 Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general action, unless both you and Copper Six specifically agree to do so in writing following initiation of an action. This provision is not applicable to the extent such waiver is prohibited by law.

11.4 Right to Opt Out of Class Action Waiver and Binding Arbitration

If you do not wish to be bound by the individual arbitration or class action waiver provisions in this section, you must notify Copper Six in writing within 30 days of the date that you accept these Terms, unless the law requires a longer period.

12. NOTICES

Except for the change notices described in Section 2, all notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail or (ii) electronic mail. If you give notice to Copper Six, you must use the following mailing address: Copper Six LLC, 4616 25th Avenue N.E., Suite 480, Seattle, Washington 98105, or by email at [email protected]

If we provide notice to you, we will use the contact information provided by you, as available. All notices will be deemed received as follows: (i) if by delivery by U.S. Mail, three (3) business days after dispatch, (ii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication satisfies such requirement.

13. TERMINATION

Copper Six may suspend, limit your access to, or terminate your use of the Services at any time, with or without cause, in its sole discretion. Notwithstanding this section, these Terms will survive indefinitely unless and until Copper Six chooses to terminate these Terms.

14. MISCELLANEOUS

These Terms will be binding upon both your and Copper Six’s successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles. These Terms contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used throughout these Terms are merely descriptive and not operative and have no legal or contractual effect.

15. COMMENTS AND QUESTIONS

If you have any comments or questions, you can reach us at Copper Six LLC, 4616 25th Avenue N.E., Suite 480, Seattle, Washington 98105, or by email at [email protected]

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