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TERMS OF USE AND PRIVACY POLICY
TERMS OF USE
READ CAREFULLY. THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC) or (“NFR”,"WE," "US," OR "OUR"). BY USING THE NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC) WEB SITE OR NATIONAL FUNERAL RATING.COM, OR ANY OTHER WEB SITE OWNED OR CONTROLLED BY NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC), YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU CONSENT TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC), (COLLECTIVELY THE "SERVICE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST IMMEDIATELY STOP USING THE SERVICE AND END YOUR SUBSCRIPTION.
1. USER SUPPLIED CONTENTThe Service is a privately owned interactive platform that allows you and other users of the Service (among other activities) to receive and read reviews, rankings, ratings and recommendations of your funeral home. You are entirely responsible for all information, advice, files, links, communications or other materials posted by you to or through the Service ("User-Supplied Content"). You agree not to post or transmit any User-Supplied Content that infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, potentially tortuous, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. If you are a client posting a review of a funeral home, you warrant that: (a) you are not funeral home's family or friend; (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with posting that review; (c) you do not have a direct or indirect financial relationship with that funeral home beyond receiving service from that funeral home; and (d) you have in fact received services from that funeral home National Funeral Rating Advisory Council (NFRAC™, Inc) has the right to use, reproduce, display, modify, transmit, distribute, perform, display and delete the User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and National Funeral Rating Advisory Council (NFRAC™, Inc) has no confidentiality obligations with respect to any User-Supplied Content. 2. SERVICE CONTENT GENERALLY You acknowledge and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. National Funeral Rating Advisory Council (NFRAC™, Inc) shall have no liability either for the failure to receive any User-Supplied Content or for the removal of any User-Supplied Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of National Funeral Rating Advisory Council (NFRAC™, Inc). National Funeral Rating Advisory Council (NFRAC™, Inc) neither endorses nor is responsible for the completeness, accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized National Funeral Rating Advisory Council (NFRAC™, Inc) employees acting in their official capacities. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will National Funeral Rating Advisory Council (NFRAC™, Inc) be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that National Funeral Rating Advisory Council (NFRAC™, Inc) does not, either actively, or by any failure to act, pre-screen or approve Content, but that National Funeral Rating Advisory Council (NFRAC™, Inc) shall have the right (but not the obligation) in its sole discretion to refuse, delete (in whole or in part) or move any Content deemed harmful or offensive, or which violates the letter or spirit of these Terms of Use, or for any other reason. 3. TITLE TO CONTENT The Content made available directly through the Service by National Funeral Rating Advisory Council (NFRAC™, Inc) or third parties is the property of National Funeral Rating Advisory Council (NFRAC™, Inc), its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content are the property of either National Funeral Rating Advisory Council (NFRAC™, Inc) or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content. National Funeral Rating Advisory Council (NFRAC™, Inc) complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights. 4. REGISTRATION, PRIVACY POLICY & COMMUNICATION You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. During the registration process to use the Service, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to register only one funeral home location facility per paid subscription account. Multiple locations found to be inviting ratings through only one registered account will be interpreted as intent to defraud National Funeral Rating Advisory Council (NFRAC™, Inc) and constitutes a breach of contract and is grounds for immediate termination of service. Further, should you cancel your subscription at any time for any reason, National Funeral Rating Advisory Council (NFRAC™, Inc) has your permission and authority to post an explanation to the consumer on your rating site page explaining that your subscription rights on the nationalfuneralrating.com web site have been terminated or suspended with any other reasonable notification to the consumer at the sole discretion of the National Funeral Rating Advisory Council (NFRAC™, Inc). Any information that you supply to us will be governed by the terms and conditions of National Funeral Rating Advisory Council (NFRAC™, Inc)'s Privacy Policy, and may be updated from time to time by us. You acknowledge and agree that National Funeral Rating Advisory Council (NFRAC™, Inc) may, in its sole discretion, preserve or disclose your User-Supplied Content, as well as your Account Information, including, by way of example, email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content violates the rights of third parties, or protect the interests of National Funeral Rating Advisory Council (NFRAC™, Inc), its personnel, its users or the general public. IF YOU ARE A FUNERAL HOME YOU EXPRESSLY AGREE THAT NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC) MAY FROM TIME TO TIME COMMUNICATE WITH YOU BY EMAIL OR TELEFACSIMILE, UNLESS YOU AFFIRMATIVELY OPT OUT OF RECEIVING SUCH COMMUNICATIONS BY SO INFORMING NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, INC) VIA EMAIL, U.S. MAIL OR TELEFACSIMILE. If you have a paid subscription or a non active, paid subscription on National Funeral Rating Advisory Council (NFRAC™, Inc) and you elect not to receive such communications from National Funeral Rating Advisory Council (NFRAC™, Inc), National Funeral Rating Advisory Council (NFRAC™, Inc) is under no obligation to promote your funeral home. 5. CONDUCT In addition to any other obligations you have under these Terms of Use, including without limitation, the obligations stated in Sections 1 through 4, inclusive, you agree not to: (a) link to or frame any elements of the Service in such a way as to obscure any National Funeral Rating Advisory Council (NFRAC™, Inc) content unless otherwise expressly authorized in writing by National Funeral Rating Advisory Council (NFRAC™, Inc); (b) use the Service for any commercial or illegal purpose; (c) use the Service to invade the privacy of, or obtain personal information about, any Service account holder or user, or to obtain a list of Service account holders or users; (d) copy, modify, erase or damage any information contained on computer servers used or controlled by National Funeral Rating Advisory Council (NFRAC™, Inc) or any third party used in connection with the Service or the services provided through the Service; (e) use the Service to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, potentially tortious, threatening, harmful or otherwise objectionable; (f) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Service except for the sole purpose of indexing the Service for publicly-available internet search engines or non-commercial public archives; (g) use the Service to post, transmit, or link to any unsolicited advertising, promotional, or commercial materials; (h) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by National Funeral Rating Advisory Council (NFRAC™, Inc) (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution); (i) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service; or (j) impersonate or misrepresent your affiliation with any person or entity. 6. LINKED ENTITIES The Service contains links through advertising and otherwise, to various third party web sites and other resources ("Linked Entities"). These Linked Entities are not under the control of National Funeral Rating Advisory Council (NFRAC™, Inc) and National Funeral Rating Advisory Council (NFRAC™, Inc) is not responsible or liable for the content, communications or materials of any Linked Entities. National Funeral Rating Advisory Council (NFRAC™, Inc) is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by National Funeral Rating Advisory Council (NFRAC™, Inc) of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties. 7. MODIFICATIONS TO THE SERVICE You acknowledge and agree that National Funeral Rating Advisory Council (NFRAC™, Inc) may modify, suspend, or discontinue the Service at any time without notice and may discontinue any National Funeral Rating Advisory Council (NFRAC™, Inc) web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 8. TERMINATION You acknowledge and agree that National Funeral Rating Advisory Council (NFRAC™, Inc) shall have the right, in its sole discretion, to terminate your use of the Service if you fail to comply with the letter or the spirit of these Terms of Use. No notice shall be required from National Funeral Rating Advisory Council (NFRAC™, Inc) to make such termination effective. In addition, National Funeral Rating Advisory Council (NFRAC™, Inc) reserves the right to discontinue your access to the Service at any time for any reason, and with or without notice. Upon termination by either party, for any reason, stated or not stated, National Funeral Rating Advisory Council (NFRAC™, Inc) reserves the right to keep your rating page and all other consumer ratings, comments and information as posted on this web site indefinitely and remain fixed with the last active rating available from the consumers while active as a paid or non paying subscriber. You have the right to cancel your subscription at any time, for any reason upon providing National Funeral Rating Advisory Council (NFRAC™, Inc) with 30 advance notice to cancel. No refund of the monthly paid subscription will be provided upon cancellation request but will immediately suspend service and interrupt the schedule of future automatic credit card charges as they may apply. 9. COPYRIGHT INFRINGEMENT If you believe that the Service is hosting or linking directly to infringing copies of your work, please let us know. Our designated agent for notice of alleged copyright infringement on the Service is by emailing: Admin support as listed on the NFR web page. A notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following: A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; Information related to the work(s) reasonably sufficient for National Funeral Rating Advisory Council (NFRAC™, Inc) to promptly locate the work (e.g. title of work, location within the Service, etc.); Information reasonably sufficient to permit National Funeral Rating Advisory Council (NFRAC™, Inc) to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement requesting that National Funeral Rating Advisory Council (NFRAC™, Inc) take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 10. THIRD PARTY DISPUTES If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that National Funeral Rating Advisory Council (NFRAC™, Inc) is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service, you hereby release National Funeral Rating Advisory Council (NFRAC™, Inc), its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 11. DISCLAIMER OF WARRANTY THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. 12. LIMITATION OF LIABILITY THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU, THE SUBSCRIBER. IN NO EVENT SHALL NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc), ITS LICENSORS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCI, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCI DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13. INDEMNITY You agree to indemnify and hold National Funeral Rating Advisory Council (NFRAC™, Inc) and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to: (a) your violation of these Terms of Use; (b) your violation of any law, regulation or third-party right; or (c) if a third party has a business or personal relationship with you, any alleged or actual damage to such third party's interests or rights resulting directly or indirectly from any alleged or actual damage to your professional or personal reputation, your business or any other interest of yours, by any Content or any action or inaction of National Funeral Rating Advisory Council (NFRAC™, Inc). 14. MODIFICATION OF TERMS National Funeral Rating Advisory Council (NFRAC™, Inc) may modify these Terms of Use at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Service. Your continued use of the Service following our posting of a change of terms notice or new Terms of Use on the Service, or an email to you providing notice of such change, will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THESE TERMS OF USE INDICATES THAT YOU GIVE CONSENT TO NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc) TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THESE TERMS OF USE OR THE SERVICE. 15. ARBITRATION, JURISDICTION & GOVERNING LAW You and National Funeral Rating Advisory Council (NFRAC™, Inc) agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms of Use, the Service, or your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or National Funeral Rating Advisory Council (NFRAC™, Inc) toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in Salt Lake City, Utah. You and National Funeral Rating Advisory Council (NFRAC™, Inc) also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and National Funeral Rating Advisory Council (NFRAC™, Inc) may litigate in court only to compel arbitration under these Terms of Use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms of Use in any manner which violates or may violate National Funeral Rating Advisory Council (NFRAC™, Inc)'s or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to National Funeral Rating Advisory Council (NFRAC™, Inc) (including, but not limited to, any breach that may impact National Funeral Rating Advisory Council (NFRAC™, Inc)'s intellectual property rights), National Funeral Rating Advisory Council (NFRAC™, Inc) may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and National Funeral Rating Advisory Council (NFRAC™, Inc) must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former licensee of National Funeral Rating Advisory Council (NFRAC™, Inc), whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppels effect in any arbitration hereunder (unless determined in another proceeding between you and National Funeral Rating Advisory Council (NFRAC™, Inc)); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and National Funeral Rating Advisory Council (NFRAC™, Inc)). THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH AND THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS, AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN SALT LAKE CITY, UTAH. These Terms of Use will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, and the application of thereof is hereby expressly excluded. 16. GENERAL No delay or failure to take action under these Terms of Use shall constitute any waiver by National Funeral Rating Advisory Council (NFRAC™, Inc) of any provision of this Agreement. These Terms of Use (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between National Funeral Rating Advisory Council (NFRAC™, Inc) and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Use will bind and inure to the benefit of each party's permitted successors and assigns. The agreement embodied in these Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate your rights or obligations under these Terms of Use shall be null and void. "NATIONAL FUNERAL RATING ADVISORY COUNCIL (NFRAC™, Inc)" and "Nationalfuneralrating.com" are trademarks of National Funeral Rating Advisory Council (NFRAC™, Inc) Inc. Any other names or designs may be trademarks of their respective owners. PRIVACY POLICY
1. INTRODUCTION. National Funeral Rating Advisory Council (NFRAC™, Inc) Inc. ("us," "we," or "National Funeral Rating Advisory Council (NFRAC™, Inc)") is committed to respecting the privacy rights of its customers, visitors, and other users of the National Funeral Rating Advisory Council (NFRAC™, Inc) Website ("the Website"). We created this Website Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the Website, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Website, and not to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
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