Obituary Systems, LLC Website Terms And Conditions Of Use
This website is maintained by Obituary Systems, LLC for your information.
"I have read the agreement below and agree to its terms" [https://www.localobituary.com].
These Terms and Conditions of Use ("Agreement") is a legal agreement between you and Obituary Systems, LLC (hereinafter referred to as "Website Owner"), the owner and developer of Obituary Systems. By registering for any service provided on Obituary Systems you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY OBITUARY SYSTEM SERVICE. The Terms are subject to change at any time, effective upon posting by Obituary Systems, LLC on this site.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [insert web address/link]. OBITUARY SYSTEMS RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.]
- Limitations of Liability and Indemnification. By using any services provided by Obituary Systems, you agree that in no event will Obituary Systems, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Obituary Systems or Website Owner shall be a return of any fees paid to Obituary Systems or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Obituary Systems, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Obituary Systems, including any breach by you of the Terms contained in this Agreement.
- Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on Obituary Systems. You understand that Obituary Systems and Website Owner do not perform psychological testing or background checks on the individuals who may use the Obituary Systems services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Obituary Systems, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
- Do Not Rely on Obituary Systems. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Obituary Systems or Website Owner. Obituary Systems and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
- Warning re: Offensive Information. It is possible that other Obituary Systems clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Obituary Systems, have access to personal information about you. Obituary Systems, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
- Right to Monitor. Obituary Systems and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
- Confidentiality. It is agreed that all personal information given to Obituary Systems or Website Owner, will be kept confidential by Obituary Systems and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client; or (4) you have harassed another person via any service provided by Obituary Systems, in which case the confidentiality clause contained in this Agreement is rendered null and void.
Digital Millennium Copyright Act Take-Down Notices: If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Obituary Systems Member Support Team
416 East Allen Street
Springfield, IL 62703
- Third-Party Links. Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Obituary Systems and Web Site Owner are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Obituary System and Web Site Owner are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding thirdparty products should be directed to the third party.
- No Warranties. Obituary Systems and Website Owner provide the Obituary Systems services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Obituary Systems and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
- Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Illinois, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before any court within Sangamon County Illinois and you hereby consent to the jurisdiction of any such court.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on Obituary Systems will be truthful. In accessing and using Obituary Systems, you understand and agree that basic information concerning you, given to Obituary Systems, will be published on the website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Termination. Obituary Systems and WebSite Owner may terminate this Agreement at any time, with or without notice, for any reason.
- Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
- GDPR Policy. To the extent applicable, Obituary Systems and Website Owner respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways Obituary System and Website Owner comply with these regulations are:
- Consent: The terms and conditions of use explain what consent clearly and without ‘legalese’ and ask that you explicitly consent to contact.
- Breach Notification: In the event of a breach, Obituary Systems or Website Owner will notify affected users within 72 hours of first having become aware of the breach.
- Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, Obituary Systems or Website Owner shall provide a copy of the personal data, free of charge, in an electronic format.
- Right to be Forgotten: After comparing the Users rights to "the public interest in the availability of the data", the User’s may delete personal data upon request.
- Data Portability: Obituary System and Website Owner allow Users to receive the personal data in a 'commonly used and machine-readable format' capable of being transmitted to another ‘controller’.
- Privacy by Design: Obituary Systems and Website Owner implemented appropriate technical and organizational measures to protect the rights of data subjects by holding and processing only the data absolutely necessary and limiting the access to personal data to those necessary to effect the website’s commercial purpose.
- Downloading. You may download information and material from Obituary Systems LLC websites for personal, non-professional use only. Please contact Obituary Systems LLC to request permission to use our information or materials for public or commercial use or to establish a hyperlink to our site.
- Access to Member Areas. Access to and use of our member-only, password protected areas of the Obituary Systems website are restricted to members of Obituary Systems LLC and authorized users only. Unauthorized individuals attempting to access member only areas of the site may be subject to prosecution. Please return to the home page or use the back button to return to the previous page.