Access Cremation:
Policy, Terms and Conditions
Policy, Terms and Conditions
Access Cremation Privacy Policy
As of July, 2021
Access Cremation, a Direct Cremation Service, (referred to as Access Cremation) respects the privacy of our website visitors. Our Mission to being the most professional, ethical, and highest quality funeral and cemetery service organization in the death care industry extends to this Privacy Policy (known as “Policy”) and we want to ensure that our website visitors know how we collect, use, and protect personal, and other, information.
This Policy applies to personally-identifying information provided by website users, including personally-identifying information collected from any mobile applications. This Policy does not apply to personally-identifying information that website visitors provide to a business partner or third party, even if such business partner or third party is linked to our website.
When you use this site, you agree to the Policy that follows. If you do not agree with this Policy or our Terms of Service, you should immediately cease use of our website now.
Information We Collect
Access Cremation does not collect personally-identifying information from users unless they provide it to us voluntarily and knowingly. We do not share any information with anyone outside our of own company, except:
(1) If/when a user becomes a client and makes a purchase through our online system,
(2) If/when publishing obituaries, guest books, condolences page postings, or other messages intended for online publication, and
(3) for Analytics tracking from search engines such as Google, Yahoo, Bing or other related networks.
The types of information we may collect include the following:
•Your name.
•Email address.
•Address or postal code.
•Telephone number.
•If you purchase any of our products, we may collect credit card and other necessary financial data for those purchases.
In addition, when you visit our site, your browser automatically sends us an IP (Internet Protocol) address and certain other information, including the type of browser you use and browser and standard web server log information. We may use this IP address and other information to give you access to the site and otherwise administer the site. However, at this time, we do not send this information to third parties, except as it pertains to Google Analytics.
Cookies: We (as most websites) use something known as “Cookies.” Cookies are small data files stored on the computer or device you use that record your preferences. Cookies help us make sure that our websites work, and work efficiently, and help us understand website traffic. Cookies may also help us enforce our Terms of Service and maintain website security.
In addition, you may get cookies from other companies that have a link on our websites, but we have no control over these companies’ cookies. These third party cookies do not fall under our Policy. Most likely, your web browser has a setting that allows you to modify your preferences so that you can decline cookies. However, if you select this setting you may be unable to access certain parts of the websites. Please see All About Cookies for more information on cookies. Our websites do not currently respond to web browser “do not track” signals.
Web Beacons: Pages of websites may contain web beacons, which are small electronic files that permit us to count visitors who have viewed our pages. We collect certain usage information about our site, such as the number and frequency of visitors to certain parts of the site. This data is used only in the aggregate and does not include any personally identifying information. Web beacons also help us collect other website statistics that help us better understand the functionality and popularity of our website and its content.
Google Analytics: We also use Google Analytics on our sites. Google Analytics is a service that anonymously collects website traffic data through cookies. The data, which may include geo-location data, helps us analyze and review how our website visitors use our websites. The anonymous data is send to, and stored by, Google on servers that are housed in the United States, but the data is not sent to any other third parties. If Google is required to by law, it may transmit the anonymous data to a third party.
Visitor/User Provided Information: In certain parts of the site, we may ask you to provide us with your name or other information so that we can provide you with information you request or take other action indicated in the part of the site where the information is requested. You are under no obligation to provide us with this information, but without it, we may not be able to take the action requested. The site also includes features that allow you and us to communicate by electronic mail, text message, or otherwise.
If you choose to use these features, you may be required to provide us your e-mail address and other personally-identifying information (such as your name, phone number, or street address) we may deem necessary to communicate with you electronically, by text message, or otherwise, or review your request. When you provide any personally identifying information to us, you acknowledge that you are knowingly and voluntarily providing us the information. We will not use such information for marketing purposes, but we may respond to the electronic mail messages you send us, take other action indicated in the part of the site where the information is requested, and use such information for any other business purpose, including sending you subsequent communications concerning this website.
You may also give us information about other people, including a spouse, parent, child, other family member, or friend. We only use this information for the specific reason for which you provide it to us.
Please Note: personally-identifying information included in any portion of an online tribute, guest book, and condolence, for example, could be publicly available, and this policy does not apply to that information. When buying Access Cremation products, users may be given an option to choose to publish names or messages related to that product. Please contact us with any privacy questions or issues you might have in this regard.
Your Privacy: The information collected is never revealed, sold, or made public for any reason, except for the reasons otherwise stated in this Policy. Personally identifiable information (name, email, phone number, or home address, etc.) is never disclosed to any third party individual or business, except for the reasons otherwise stated in this Policy.
How We Use the Information Collected
We use the information provided to us to:
•Present our websites and their contents to you.
•Provide you with information, products, or services.
•Allow you to participate in the interactive features on our websites.
•Fulfill any other purpose for which you provide the information.
•In any ways described to you when you provide information.
•Determine your geographic location.
•For any other purpose with your consent.
What Information We Share
Access Cremation does its best to ensure that the personally identifying information you provide us remains private. We will not sell, rent, trade, or otherwise disclose the personally-identifying information you provide to anyone outside of Access Cremation, its respective affiliates, successors, and service providers, except, and subject to the other provisions in this Policy:
(1) in response to a Court Order or other legal or government process in which we believe in good faith that disclosure is legally required by us;
(2) to defend us or our property, including our websites and users, including to enforce our website’s Terms of Service; and
(3) if necessary in the unlikely event of an emergency, to protect us, our agents, our website visitors, or the public as required by law, or in a situation in which public authorities are required to deal with an emergency situation.
For any information that you would like to keep confidential contact us directly for assistance.
Other Information You Submit
If you use the communication features of this site to provide us with information other than personally-identifying information, including suggestions about the site, product and advertising ideas, and any other such information, that information will belong to us and may be used, reproduced, modified, distributed and disclosed by us in any manner we choose, without paying compensation to you, to the extent allowed by law.
Children Under 13
We neither market our website to children under the age of 13 nor knowingly collect personally identifying information from children under 13. Website visitors who are under the age of 13 should not use our websites and should not send us personally identifying information. If we learn that personally identifying information regarding a child under the age of 13 has been collected on our websites, we will delete such information.
Links
This web site may contain links to other sites and banner ads that take a visitor to another website. In no case is subscriber information or cookies provided to the third party sites. However, please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. On the Internet, many sites do attempt to capture visitor information when you browse those sites.
Changes to Privacy Policy
Access Cremation reserves the right, at our complete discretion, to change this Policy at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to this Policy. Your continued use of this site following the posting of changes to these terms or other policies indicates that you accept the changes. Our “last revised” date will be visible on our Policy page.
How to Contact Us
If you have any questions, issues or need to get in touch with us. Simply visit our contact page. You may complete an online form or call us for assistance anytime.
Miscellaneous
This Privacy Policy as stated herein constitutes the entire agreement between you and Access Cremation’s Policy. No changes to the Policy shall be made except by a revised posting on this page, and you are responsible to be aware of all such changes.
This Policy shall be governed by and construed in accordance with the laws of the State of California applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of California in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Policy invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Policy shall continue in full force and effect. No waiver of any provision of this Policy shall be deemed a further or continuing waiver of such provision or any other provision of this Policy.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
Shine the Light Law: California Civil Code Section 1798.83 allows our California resident website users to request certain information regarding our disclosure of personally identifying information to third parties for their direct marketing purposes, if any. To make such a request, please contact us via our website.
California Consumer Privacy Act Disclosure: Your privacy is important to us. This additional disclosure explains how Access Cremation, it’s providers and affiliates collect, use, and disclose personal information relating to California residents covered by the California Consumer Privacy Act of 2018 (“CCPA”) (for more information on the CCPA, please visit https://oag.ca.gov/privacy/ccpa). This disclosure and notice is provided pursuant to the CCPA.
Keeping Personal Information secure is one of our most important priorities. Consistent with our obligations under applicable laws and regulations, we maintain appropriate safeguards that are designed to protect personal data against accidental, unlawful, or unauthorized destruction, loss, alteration, disclosure, or access, whether it is processed by us or elsewhere.
Collection and Disclosure of Personal Information
We collect and disclose to third parties for our business purposes, the following categories of Personal Information relating to California residents covered by this disclosure:
•Identifiers, such as name, postal address, unique personal identifier, email address, account name, or other similar identifiers.
•Personal information, as defined in the California safeguards law, such as contact information and financial information, as applicable.
•Characteristics of protected classifications under California or federal law, such as gender and marital status as it relates to Access Cremation.
•Internet or network activity information, such as browsing history and interactions with our website.
The categories of sources from whom we collected this Personal Information are:
•Directly from a California resident or the individual’s legal representatives.
•Service Providers and other third parties.
•Public record sources (Federal, State or Local Government sources).
•Information from our affiliates.
•Website/Mobile App Activity/Social Media.
•Information from customer directed third parties representing a customer.
The categories of third parties to whom we disclosed Personal Information for our business purposes described in this CCPA privacy disclosure are:
•Service Providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure, customer service, email delivery, marketing and marketing research activities.
•Other third parties who enable customers to conduct transactions online and via mobile devices (at the direction of the customer), such as purchasing urns or tribute related items.
•Product distributors that we get our products from for resale.
•Government agencies as required by applicable laws and regulations.
•Any other product or service provider pertinent to Access Cremation’s business.
Use of Personal Information
We only use Personal Information relating to California residents to operate and manage our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:
•Performing services, including maintaining or servicing customer accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
•Complying with laws and regulations and to comply with other legal process and law enforcement requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions)
Do Not Sell My Personal Information/Notice of Right to Opt Out
Under the CCPA, the ‘sale’ of your Personal Information means the sharing of your personal information with certain third parties. Under CCPA, consumers have the right to direct a business that sells Personal Information about the consumer to third parties not to sell the consumer’s Personal Information. Currently, we only share personal information in a manner that would be considered a sale under CCPA. Further, we only disclose your Personal Information to our Service Providers pursuant to contracts that prohibit the Service Provider from using your personal information for any purpose other than those services specified in the contract.
For more information about your rights please visit the CCPA website at https://oag.ca.gov/privacy/ccpa.
For any questions or concerns about anything related to Access Cremation please contact us via our website page.
We may change or update this Disclosure from time to time. When we do, we will post the revised Disclosure on this page with a new “Last Updated” date.
Terms of Service
When you use this website, you agree to the Terms of Service (“Terms”) that follows. If you do not agree with the Terms, you should immediately cease use of this website.
Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms, our Privacy Policy, and other notices and agreements posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms, our Privacy Policy, and other notices and agreements posted on this website. If you do not agree to be bound by and comply with Terms and our Privacy Policy, you may not access or use our website. Please leave our website now.
Access Cremation, A Direct Cremation Service, and its affiliates and subsidiaries (referred to as “Access Cremation or “The Company”) shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes on this website. You agree to review these Terms from time to time and agree that any subsequent use by you of this website following changes to these Terms shall constitute your acceptance of all such changes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS.
Use of Website
Access Cremation authorizes you to view and access a single copy of the content available on or from this or other Company websites solely for your use.
Viewer Conduct
The Company specifically prohibits any use of the website, and all users agree not to use the website, for any purposes other than designated by Access Cremation. This prohibition included but is not limited to:
•The uploading, storage of files and information, or posting, publishing, displaying, creating of messages or content related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially or otherwise offensive;
•Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;
•Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure;
•Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Company and other generally available third party web browsers;
•Attempting to decipher, decompile, disassemble or reverse engineer any part of this website or the software comprising this website;
•Aggregating, copying or duplicating in any manner any of the website content or information available from this website;
•Framing of or linking to any of the website content or information available from this website;
•Participating in a denial-of-service attack against this website or against any other website or computer environment by using this website;
•Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this website any material that is unlawful or violates the rights of others;
•Engaging in any screen scraping or data acquisition and consolidation;
•Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any website content or the pages making up this website;
•Infringing the intellectual property rights of others in any way;
•Making any unauthorized commercial use of this website;
•In any way that violates Federal, State, local, or other applicable laws or regulations; and
•In any way that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking them for personally identifying information, or through any other action.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this website, including, without limitation,
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Use of Website Content
For all visitors to the website, the content on the website represents the information as at the date of publication. As conditions change, Access Cremation reserves the right to alter and update the content to reflect the new conditions.
The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the articles or information posted on the website.
The website content may contain inaccuracies or typographical errors. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, Access Cremation is not responsible if information that made available on this website is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this website will be at your own risk. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to the website.
We may withdraw or amend this website, or any of the content on the website, at any time and without notice. Withdrawal or amendment of the website will not and does not make the Company liable if any part of the website is unavailable. We may at times restrict access to some or all of the website to users.
User Contributions
The website may contain tribute or other pages that have the option for website users to post on a Guest Book or write a condolence message, and the website may contain other pages or features that allow users to make, create, publish, transmit, display or otherwise covey messages, content, or materials to others (“User Contributions”) on or through the website. All users are expected to comply with the Terms at all times and when making User Contributions.
User Contributions are not confidential or proprietary and are publicly available and visible. When making a User Contribution, website users grant the Company, and its affiliates, subsidiaries, licensees, successors, and assigns, the right to distribute, use, reproduce, modify, or otherwise disclose to third parties User Contributions. However, users making User Contributions are the responsible parties for the User Contribution’s accuracy, legality, and appropriateness. The Company is not liable for a User Contribution’s accuracy, legality, or appropriateness.
When making a User Contribution, you are representing and warranting to the Company that you: (1) own and/or control all the rights to the User Contributions and have the legal right to grant the license granted above, and (2) that the User Contribution complies with these Terms.
Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
•The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
•A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
•Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
•Your name, address, telephone number, and e-mail address;
•A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
•A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Intellectual Property
Any Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Access Cremation, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
This website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States of America. The Company reserves any rights not expressly granted to you.
You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public, commercial, or non-commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited. Except:
•You may allow your computer, tablet, or mobile device to store copies of such website materials in RAM as is incidental to accessing and viewing website materials;
•You may allow your computer, tablet, or mobile device to store files automatically cached by a web browser for the purpose of enhancement display;
•For personal, non-commercial use, you may print or download website pages and content, but such printing or downloading may not be for additional reproduction, publication, or distribution; and
•You may download applications for your computer, tablet, or mobile device, or other applications, that we provide for personal, non-commercial use and subject to our end user license agreement for the applications.
However, such allowances do not give you permission to modify copies made of website content.
Children Under 13
We neither market our website to children under the age of 13 nor knowingly collect personally identifying information from children under 13, except to provide contracted for services. Website visitors who are under the age of 13 should not use our websites and should not send us personally identifying information. If we learn that personally identifying information regarding a child under the age of 13 has been improperly collected on our websites, we will delete such information.
Links
This website may contain links to other websites and banner ads that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of use of such other websites. Users are encouraged to be aware of the specific content on the other websites when they leave this website and to read the applicable terms of use and other website requirements.
DISCLAIMERS
ACCESS CREMATION DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCESS CREMATION CANNOT FULLY GUARANTEE THE ACCURACY OR BENEFITS OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION).
TO THE FULLEST EXTENT PROVIDED BY AND ALLOWED BY LAW, THE COMPANY DISCLAIMS EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, SOME LAWS MAY PROHIBIT THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THEREFORE, THE FOREGOING DISCLAIMER DOES NOT AFFECT EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT OR THE RESULT OF A LEGAL ISSUE, INCLUDING NEGLIGENCE, OR OTHERWISE. HOWEVER, SOME LAWS MAY PROHIBIT THE LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEBSITE OR THE SYSTEMS TRANSMITTING THE WEBSITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM: (A) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE THAT IS INACCURATE OR UNTRUE; OR (B) YOUR BREACH OF THE TERMS OF THESE TERMS OF SERVICE OR THE COMPANY’S PRIVACY POLICY. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
Breach of Agreement
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this website, and/or any other service provided to you by the Company, upon any breach by you of these Terms, or if the Company is unable to verify or authenticate any information you submit to the website.
Additional Terms and Conditions
These Terms, the Privacy Policy, and other relevant documents and agreements constitute the entire agreement between you and Access Cremation with respect to the use of website. No changes to these Terms shall be made except by a revised posting on this page. The Company makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the website content may not be legal by certain persons or in certain countries. When you access the website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of California applicable therein, without regard to conflict of laws. You consent to the exclusive jurisdiction of the courts located in the State of California in connection with any action arising out of or related to these terms of use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
These Terms as stated herein constitute the entire agreement between you and Access Cremation with respect to the Company’s Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
For Policy or Terms of Conditions issues or questions please contact Access Cremation via our Contact Us section of our website.
Simple • Affordable • Dignified
Our goal is to provide a simple, affordable and dignified way to honor a life well lived.