Terms and Conditions
The Site you are about to use contains images of deceased individuals. Such images may be considered graphic or emotionally disturbing. By utilizing this Site, you agree and understand that these images may be difficult to view.
Authority to Utilize Site
By utilizing this Site, you represent and warrant that you have the authority to use this Site by either being an authorized funeral director user or duly authorized responder-informant confirming the identity of a decedent.
As a responder-informant-next of kin-government official-representative of the decedent, you represent and warrant that you are the duly authorized or appointed representative of the Estate of the Decedent or responsible for their identification. You represent and warrant that you are authorized to identify the Decedent for purposes of cremation and have the authority to execute an agreement to submit the Decedent’s remains to the process of cremation. You agree that Martin Steadfast Inc. DBA Treasured Memories henceforth in this document as “Treasured Memories” may rely on your representation and warranty that you are duly authorized by your utilization of this Site.
Limitation of Liability
By using this Site, you agree to indemnify Treasured Memories against any and all liabilities in connection with any claim arising out of use of the Site. You further agree to pay all of Treasured Memories’ attorneys’ fees and costs in connection with any breach by you of these Terms, your use of the Site, or in any action brought by you against Treasured Memories in which the claim or lawsuit is dismissed.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CLAIMS INVOLVING NEGLIGENCE, EMOTIONAL DISTRESS, OR BREACH OF CONTRACT, SHALL TREASURED MEMORIES BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR THE CONTENT.
You agree to indemnify and hold Treasured Memories its officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Treasured Memories by any third party due to or arising out of or in connection with your use of the Site.
The Site and Content may contain and/or reference certain intellectual property of Treasured Memories including but not limited to trademarks, patents, copyrighted materials, trade secrets, technologies, and/or other proprietary rights of Treasured Memories (“Intellectual Property”).
No license to, or right in, any such Intellectual Property of Treasured Memories is granted to you by use of this Site, its Content, or otherwise. None of the Site or Content may be copied or reproduced for any commercial use (including uploaded, downloaded, posted, or otherwise distributed in any way) without our prior written consent. If you have any questions regarding use of this Site, please contact us at [email protected]
Governing Law and venue
We make no representation that the services described within the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree by using the Site and the Content that it is governed by laws of the State of West Virginia, without regard to its conflicts of laws provisions. In the event of a dispute between the Parties, you agree to enter into a mediation of any claim at any time at the request of Treasured Memories and ultimately to an arbitration if mediation is unsuccessful.
Any and all disputes arising out of or in connection with the negotiation, execution, interpretation, performance or nonperformance these Terms shall be solely and finally settled by binding arbitration, which shall be conducted in Wheeling, West Virginia, or such other location to which the parties mutually agree, by a single arbitrator selected by the parties. The arbitrator shall be a lawyer familiar with business transactions of the type contemplated in this Authorization and shall not have been employed or affiliated with any of the parties hereto. The arbitrator shall conduct the proceedings pursuant to the Rules of the American Arbitration Association. If the parties fail to agree on the arbitrator within thirty (30) days following the date one of them invokes this arbitration provision, either party may apply to the American Arbitration Association to make the appointment. The arbitrator shall decide the issues submitted in accordance with (i) the provisions and commercial purposes of this Authorization, and (ii) what is just and equitable under the circumstances, provided that all substantive questions of law shall be determined under the laws of the State of West Virginia.
The parties hereby renounce all recourse to litigation and agree that the award of the arbitrator shall be final and subject to no judicial review, thereby waiving each party’s right to a trial by jury. Each party agrees that arbitration is an adequate and accessible substitute to litigation and that any additional expense of arbitration, if any, is offset by the reduced operating costs and savings passed on to the Purchaser(s) in the form of lower prices. Each party to the arbitration shall bear the costs and expenses of the arbitration equally and will be responsible for their own attorney’s fees unless the arbitrator makes a finding otherwise. Any arbitration under this Authorization shall be conducted pursuant to the Federal Arbitration Act (FAA). Judgment on the award of the arbitrator, including injunctive relief, may be entered in any court having jurisdiction over the party against which enforcement of the award is being sought and the parties hereby irrevocably consent to the jurisdiction of any such court for the purpose of enforcing any such award.
ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
IN PARTICULAR, WE MAKE NO WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED. WE ALSO MAKE NO WARRANTIES THAT THE CONTENT IS ERROR FREE OR THAT THE SERVERS THAT HOST SUCH CONTENT ARE ERROR FREE. WE FURTHER MAKE NO WARRANTIES REGARDING THE OUTCOME OF YOUR USE OF THE CONTENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The Site and Content may contain technical inaccuracies or typographical errors.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.