This website is operated by Michael P. Neal. In this Agreement he may be referred to as 'Us,' 'We,' or 'Licensor', which includes employees, independent contractors, agents and assigns.
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, agents, heirs, and assigns.
You must be at least 18 years old to access this website or to purchase products or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
Membership is personal to you and you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or share your rights under this Agreement with others
You will not give others access to your username and password.
All information you provide as part of your registration must be true and accurate. If your membership details change after registration you agree to update your details so it is always accurate.
Information you post (including but not limited to text, images, graphics, sounds, etc.) must be true and correct. You own your content. You are solely responsible for your words and content.
Additionally, you and not us are solely responsible for ensuring compliance with all applicable laws, regulations, and legal requirements, including, but not limited to:
- Those governing the date of disposition of unclaimed cremated remains;
- Those governing the disposition of cremated remains;
- Those governing the privacy interests and disclosing personal information of deceased individuals and their next of kin;
- Your contracts with your customers.
When unclaimed cremated remains become claimed, or you discover any listed unclaimed remains were claimed or finally disposed of, you agree to delete the listing within 72 hours after discovery this information.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright, moral, and publicity rights in the content, in any manner whatsoever, in any media or form now known or which may be created in the future, including in other works and forms not associated with this website. If your membership terminates you are not entitled to demand removal of any content you have contributed.
Your approval to access this website terminates when your membership ends.
We reserve the right to delete or require the modification of accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual or company.
The appropriateness of all usernames, member names, and access identifiers is at our sole discretion.
We reserve the right to refuse membership, access, or continued access to the service, or any part of the service, to any user at any time for any reason and without explanation. If we take such action and it is unrelated to your breach of this Agreement you will be provided a refund of any membership fee.
You may not create multiple usernames and accounts for the purpose of committing fraud, making misrepresentations, or to circumvent a prior membership termination. If your membership is terminated by us you are not authorized to apply for a new membership.
You will not use the membership area to harass or abuse another person, living or dead.
If you breach this agreement your membership may be terminated without notice.
You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of action, damages, losses, and expenses, including but not limited to attorneys fees, resulting from your actions, errors, or omissions, whether active or passive.
You agree to maintain professional / general liability insurance covering your actions pursuant to this Agreement, and to provide a copy of your policy upon request.
Unless we agree otherwise for a listing, all public listings shall be in English.
THE SERVICE PROVIDED BY THIS WEBSITE IS PROVIDED "AS IS", IS NOT GUARANTEED FOR ANY PERIOD OF TIME, AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches
This Agreement in all respects shall be governed by and construed according to the laws of the State of Pennsylvania, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Washington County, Pennsylvania. You consent to the exclusive jurisdiction of the state of Pennsylvania and county of Washington for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Pennsylvania and county of Washington.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: April 15, 2013