Obituary One Terms of Use
Effective Date: July 10, 2024
These Terms of Use User Agreement, along with the Obituary One Privacy Policy (collectively referred to as the "Agreement"), outlines the terms and conditions governing your access to and use of Obituary One’s website (https://www.obituaryone.com) and related services. These services include those offered through the websites of our client funeral homes and other funeral service providers (referred to as “Clients”) and any additional websites linked to this Agreement (collectively termed the "Sites"). Whether you are a Client, an end user, a customer of a Client, or accessing the Sites in any other capacity, this Agreement applies to you. The services provided via these Sites are collectively referred to as the “Services.” Some Services may have specific terms applicable to their use. This Agreement serves as a legally binding contract between you (either as an individual or on behalf of an entity) and the applicable entity mentioned in Section 13 ("Obituary One," "we," "us," "our" or "oo") regarding your access to and use of the Services.
By accessing or utilizing the Services, you acknowledge and accept these terms, which may be updated periodically as outlined in Section 9. If you do not agree with the terms stated herein, please refrain from using the Services.
Arbitration Notice: This Agreement stipulates that any disputes between you and Obituary One related to these terms or your use of the Services will be resolved through an escalating alternative dispute resolution process, which may conclude with binding arbitration if necessary. Thus, you waive your right to pursue court action (including class action lawsuits) in relation to your rights under this Agreement. Disputes will be settled by a neutral arbitrator rather than a judge or jury, and class action claims are not permissible. For further details regarding this arbitration agreement, refer to Section 12, “Dispute Resolution Process.”
1. Account Security
To utilize the Services, you must meet the following criteria: (i) be at least 18 years old; (ii) not have had previous access to the Services suspended or revoked; and (iii) comply with all applicable laws and regulations while registering and using the Services.
2. Account Registration
Certain features of the Services may require you to create an account. During registration, you may need to provide specific identifying information, such as your email address and other contact details, and create a username and password ("Registration Information"). By registering for an account, you agree to furnish accurate, up-to-date, and complete information about yourself. Impersonation, misrepresentation of affiliations, or concealing your identity is prohibited. You are responsible for keeping your password and Registration Information secure. For the protection of both yourself and others, do not share your Registration Information. If you suspect any security breach of your account, promptly notify us at contact@obituaryone.com.
3. Your Use of the Services and Restrictions
You are granted a limited, non-exclusive, and revocable license to access and use the Services for personal or non-commercial purposes. If you are a Client, you may use the Services commercially in connection with your Site. Aside from this limited use, all other rights to the Services and their content are reserved by us and our licensors. You agree not to:
A. Use the Services for unlawful purposes or violate any applicable laws.
B. Infringe on the rights of third parties, including intellectual property rights.
C. Upload or distribute any content that is illegal, defamatory, inaccurate, or considered objectionable.
D. Bypass or interfere with any security features of the Services.
E. Disrupt the operation of the Services or the experience of other users.
F. Use automated means to access or copy content from the Services without our express written permission.
G. Reproduce or distribute any part of the Services without prior written consent.
H. Engage in fraudulent activities or misrepresent your identity.
I. Post unsolicited advertisements or solicitations of business.
J. Sell or transfer the access granted to you under this Agreement.
4. Third-Party Content
The Services may include links to third-party websites and services. We provide these links for convenience and do not endorse or control them. You acknowledge that we have not vetted the content of these third-party sites and are not responsible for any damages or losses resulting from your use of these sites.
5. Intellectual Property
When you share an obituary, comment, tribute video, image, or any other type of content (collectively referred to as "Your Contributions") with us through our Services, including any websites affiliated with funeral homes or professionals, you’re giving us permission to use, share, and store that content. This means Your Contributions may be accessible to us, our partners, and affiliates—like Tribute Archive (tributearchive.com)—and they might be integrated into other products and services we offer, including things like Tribute Books.
If you’re posting images or videos, you confirm that you have obtained permission from any individuals depicted in them to (i) share them and (ii) allow us to use them as described here. By submitting Your Contributions, you provide us and our associated parties—think of them as “Our Team”—a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license. This means we can use, reproduce, distribute, display, and modify Your Contributions in any format and through any medium, whether it’s online, in print, or elsewhere. You also waive any moral rights or rights of restraint regarding the use of Your Contributions. This agreement is binding on you and extends to your heirs, executors, and assigns.
As for everything else you encounter on our Services—like text, graphics, logos, and the unique design of our websites (collectively called “Our Creations”)—these are our intellectual property. We own, control, or have licenses for all of it, and it’s protected under various intellectual property laws. Using our Services doesn’t grant you ownership of any of Our Creations.
We (or third parties with our permission) own the trademarks and service marks featured in the Services. All rights are strictly reserved, and we’re not giving any implied permissions to you or others. You can’t use our trademarks, logos, or branding without our written approval, and definitely not in a way that could confuse or mislead others about our products or services.
Lastly, if you provide us with feedback, ideas, or suggestions about our Services or Our Creations, you grant us a perpetual, royalty-free, irrevocable license to use those insights for any purpose—including commercialization—without owing you anything in return. We appreciate your input!
6. User Content
You affirm that you either own or possess the necessary rights, licenses, consents, and permissions to submit the Content associated with the Services. If you suspect that your Content or any materials related to the Services have been utilized in a manner that infringes on copyright, please inform us by following the procedures outlined in this section.
We value the intellectual property rights of others and expect our users to uphold these rights as well. In compliance with the Digital Millennium Copyright Act, we will promptly address notices of alleged copyright infringement directed to our designated Copyright Agent, as detailed below.
Reporting Alleged Infringement:
If you are a copyright owner, an authorized representative, or someone who holds an exclusive right under copyright, please report any alleged copyright infringements occurring on or through our Services by submitting a notice (“Notice”) that meets the following criteria:
A. Clearly identify the copyrighted works that you believe have been infringed.
B. Specify the material or link you claim is infringing (or associated with the infringing activity) and that you seek to disable access to, including at minimum, the URL of the content on the Site where the material can be found, if applicable.
C. Provide your mailing address, telephone number, and, if possible, email address.
D. Include the following statements in the body of your Notice:
"I certify that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I affirm that the information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the copyright owner or an exclusive right under copyright that is allegedly infringed."
E. Include your full legal name and your electronic or physical signature.
Please send your completed Notice to our designated Copyright Agent at the following address:
Copyright Agent
Obituary One LLC.
3671 Environ Boulevard
Suite 669
Fort Lauderdale, Florida 33319
Phone: 718-679-9974
Email: contact@obituaryone.com
We have established and enforced a policy that may lead to the termination of accounts belonging to users who repeatedly violate copyright or other intellectual property rights, whether of our own or those of others.
7. Indemnification: You acknowledge that you are solely responsible for your utilization of the Services. You agree to defend, indemnify, and hold us, our affiliates, and our respective directors, officers, employees, and agents harmless from any and all claims, liabilities, damages, losses, and expenses (including legal and accounting fees) that arise from or are related to: (i) your access to or use of the Services, including any Content you submit or post; (ii) your breach of these Terms or any applicable laws or regulations; (iii) your infringement of any third-party rights, including intellectual property, publicity, confidentiality, property, or privacy rights; (iv) any disputes or issues arising between you and any third party; or (v) the access to or use of the Services by any individual using your username and password. We reserve the right to take over the exclusive defense and control of any matter subject to your indemnification, and you agree to cooperate with us in the defense of such claims. To clarify, you also agree to indemnify us against any claims that the Content you submit infringes on the intellectual property or privacy rights of any individual or third party.
8. Termination: In the event that you breach these Terms, your authorization to use the Services will be automatically revoked. Additionally, we reserve the right to suspend or terminate your user account and/or restrict your access to the Services at our sole discretion, with or without prior notice. You may cancel your account at any time by contacting us at contact@obituaryone.com. Upon termination of your account, you will lose access to any information and content you previously provided, although we may continue to retain such information and content, which could also be stored by third parties to whom it has been shared during your use of the Services.
9. Modification of the Terms: We reserve the right to alter these Terms at any time and to impose new or additional terms and conditions regarding your use of the Services. Such changes will take effect immediately upon updating the posting of these Terms and will apply to all future access and use of the Services. To clarify, any modifications to the dispute resolution provisions in Section 12 and the forum selection provisions in Section 13 will not apply to disputes for which either party has actual notice before the effective date of the modifications. We will make reasonable efforts to inform you of any significant changes to the Terms, including updates to this posting. Therefore, we encourage you to periodically check this page to stay informed of any revisions to the Terms that may affect you. Your continued use of the Services following any such changes will be considered your acceptance of the modified Terms. Your access to and use of the Services will be governed by the Terms in effect at the time of your activity.
10. Disclaimers of Warranties: THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. While we strive to provide secure, accurate, and fully functional Services, we cannot guarantee their uninterrupted operation or access, and there may occasionally be unintentional technical or factual errors. WE EXPRESSLY DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATION QUALITY, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT; AND (II) ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISKS FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES AND SITES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION, CONTENT, RECOMMENDATIONS, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR SITES, AND WE DISCLAIM ALL LIABILITY FOR ERRORS OR INACCURACIES IN SUCH INFORMATION. WE DO NOT GUARANTEE THAT DOWNLOADABLE FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE. IT IS YOUR RESPONSIBILITY TO IMPLEMENT ADEQUATE PROCEDURES TO MEET YOUR DATA BACKUP AND SECURITY NEEDS.
11. Limitation of Liability
Under no circumstances shall we, nor our affiliates, vendors, suppliers, or partners, be held liable for any incidental, special, consequential, indirect, exemplary, or punitive damages. This includes, but is not limited to, damages arising from lost profits, lost data, or business interruptions. Such liability is excluded regardless of whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and regardless of whether we were aware of the potential for such damages.
Notwithstanding any contrary provisions in these terms, our total liability to you, or that of our affiliates, vendors, suppliers, or partners, shall not exceed the lower of the amount you paid for the relevant product or service or one hundred dollars ($100). Please be aware that certain jurisdictions may not permit the exclusion of warranties or the limitation of liability in specific situations; therefore, some of these limitations may not apply to you.
12. Dispute Resolution Process
By agreeing to these terms, both parties are waiving the right to pursue claims in a court of law or before a jury, and to participate in class action or representative action lawsuits. Rights that would typically be available in a court setting may also be limited or unavailable in arbitration.
A. Dispute Notification
Any claim, dispute, or controversy arising out of or relating to these terms or your use of the site or services, including any purchases or usage of our products or services (collectively referred to as a “Dispute”), will be managed through the following multi-step dispute resolution process, culminating in binding arbitration.
- To initiate this process, a party must send a written notice (a “Dispute Notification”) to the other party detailing the nature of the Dispute, including relevant laws involved, and request a meeting to discuss resolution. This meeting can occur in person or via remote means. Both parties will designate representatives to engage in good faith discussions to resolve the Dispute within 30 calendar days of the Dispute Notification (or a longer period if mutually agreed). The Dispute Notification sent to us should be addressed as follows:
Obituary One LLC.
2175 Bergen Street
Brooklyn, New York 11233
Attention: Legal Department
- If the Dispute remains unresolved after 30 calendar days following the meeting (or an agreed-upon extended period), the initiating party may escalate the matter to arbitration as outlined in subsections B or C below, as relevant.
B. Arbitration Process
If the resolution procedures outlined in Section 12(A) fail, and if your business address is located within the United States or outside the United States, arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable Consumer or Commercial Arbitration Rules (the “AAA Rules”). The Federal Arbitration Act (“FAA”) will govern this Section, unless the FAA is inapplicable, in which case the governing law specified in the table in Section 13 will apply, including provisions of Florida law.
The AAA Rules are available at adr.org or by contacting AAA at 1-800-778-7879.
D. Authority of the Arbitrator
Except as explicitly stated herein, the arbitrator will have exclusive authority to resolve any disputes regarding the arbitrability or enforceability of this arbitration provision, including any claims of unconscionability or challenges to the validity of the arbitration clause. The arbitrator is empowered to grant any relief that would be available in a court of law or equity. Any arbitration award will be final and binding and can be entered as a judgment in any competent court.
E. Small Claims Court Option
You have the option to pursue your Dispute in small claims court instead of arbitration if you notify us in writing of your intent within 60 days of the incident causing the harm. Such notice should be sent to the address provided in Section 12(A)(1). The arbitration or small-claims court process will be limited to your individual claim.
F. Individual Basis Arbitration
Both parties agree that any disputes will be arbitrated on an individual basis, and neither party will have the right to participate as a class representative, class member, or in any private attorney general capacity. Claims cannot be brought on behalf of other individuals. The arbitral tribunal lacks the authority to address the enforceability of this class arbitration waiver; any challenges must be raised in a competent court in the jurisdiction specified in Section 13.
G. Severability
If any part of this Section is deemed unenforceable, that provision will be severed, and the remaining terms of the arbitration will remain effective. However, if subsection F is found to be unenforceable, then the entirety of Section 12 will be considered null and void.
13. Contracting Entity and Governing Law. References to "we," "us," or "our" throughout these Terms denote the specific entity indicated in the table below, determined by the business address of the Client or the entity whose website features these Terms. Furthermore, the laws applicable to these Terms are those of the state or province specified in the table below, based on the same business address criteria, and will be applied without regard to principles of conflict of laws. If any legal action or court proceeding is permitted under these Terms, both parties agree to submit to the exclusive personal jurisdiction of the courts located in the "Exclusive Jurisdiction" area detailed in the table below for the resolution of any disputes. Any claims or causes of action related to the Sites or Services must be initiated within two (2) years from the date such claims arise or become known.
Location of Business Address United States and globally
Applicable Entity Obituary One, LLC. a Florida Corporation
14. Modification of the Sites and Services. We retain the right to alter or discontinue, either temporarily or permanently, any or all of the Sites and Services at our discretion, without prior notice or any obligation to you. You acknowledge that we shall not be held responsible to you or any third parties for any alterations, suspensions, or terminations of the Sites or Services.
15. General Provisions.
A. Entire Agreement. Except where explicitly stated otherwise in these Terms or in a separate written agreement between you and us, these Terms represent the complete and exclusive agreement concerning your access to and use of the Sites and Services. Amendments may only be made through a written agreement endorsed by authorized representatives of both parties.
B. No Waiver. Our failure to enforce any provision of these Terms shall not impede our right to enforce performance at any future date, nor shall a waiver of any breach constitute a waiver of any subsequent breaches or a waiver of the provision itself.
C. Paragraph Headers. The headers used for the paragraphs within these Terms are for organizational purposes only and shall not influence the interpretation of the provisions.
D. Severability. Should any section of these Terms be deemed invalid or unenforceable, the remaining provisions will continue to be in effect to the fullest extent possible.
16. Notice to California Residents. In accordance with California Civil Code Section 1789.3, California residents may reach out to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by writing to 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by calling (800) 952-5210 for assistance with complaints regarding the service or for additional information concerning the service's use.
