Terms of Use
Introduction and Acceptance of Terms
By accessing or using the Website and any related services, you (“User”) agree to be bound by these Terms of Use and any additional terms, conditions, or policies referenced herein. These terms govern your use of the Website, its features, and any services or content available on it. If you do not agree to these Terms of Use, you are prohibited from accessing the Website or using its services. The Website is operated by Solo Products LLC, and we reserve the right to modify these terms at any time, with such changes becoming effective immediately upon posting. We recommend that you periodically review the Terms of Use to stay informed of any updates or changes.
The Terms of Use apply to all users of the Website, including those who contribute content or interact with any interactive features offered. By using the Website, you confirm that you are at least 18 years old or have the legal capacity to enter into a binding agreement. If you access or use the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use.
User Contributions and Content Standards
The Website allows users to submit content, post reviews, participate in interactive features, and engage in other activities (“User Contributions”). As a user, you are solely responsible for any content you submit to the Website, and by submitting such content, you grant the Company a worldwide, royalty-free, and non-exclusive license to use, display, modify, or distribute that content as part of the Website’s operations. You acknowledge that the Company may remove or refuse to post any User Contributions at its discretion, including those that violate these Terms of Use or are deemed offensive, harmful, or unlawful.
User Contributions must adhere to specific Content Standards to ensure a safe and respectful environment for all users. The following are prohibited in any User Contributions:
- Material that is defamatory, obscene, abusive, offensive, harassing, violent, hateful, discriminatory, or otherwise objectionable.
- Content that promotes or glorifies sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringement of any intellectual property rights, including copyright, trademarks, and patents.
- Violations of privacy rights, including the unauthorized sharing of personal information.
- Content that is misleading, deceptive, or could cause harm to individuals or property.
- Any promotion of illegal activities or advocacy for unlawful acts.
- Harassment, inconvenience, or causing unnecessary anxiety to other users or the public.
- Impersonating others or misrepresenting your identity or affiliation.
- Commercial activities, including promotions for contests, sweepstakes, or other sales activities not authorized by the Company.
The Company reserves the right to take legal action against users whose contributions violate these standards, including reporting violations to the relevant authorities. In the event of such actions, users waive any claims against the Company for their cooperation with legal investigations and enforcement.
Monitoring and Enforcement
Although the Company does not review all content before it is posted on the Website, it has the right to take action at its sole discretion to address any content that violates these Terms of Use. This includes removing or editing User Contributions and suspending or terminating user accounts in response to violations. The Company may also collaborate with law enforcement authorities to address illegal or harmful conduct, and it may be required to disclose user identities and content to third parties in cases of intellectual property violations, privacy breaches, or unlawful activities.
In addition, if the Company receives a claim from a third party that a User Contribution infringes upon their rights, it may disclose your identity or other identifying information to that third party. By posting content on the Website, you agree to waive any claims against the Company related to actions taken during investigations or legal proceedings arising from your contributions.
While the Company works to remove objectionable material when identified, it cannot guarantee the prompt removal of such material or prevent all harmful content from being posted. Therefore, the Company disclaims any liability for its inability to monitor or remove inappropriate content in a timely manner. Users are responsible for their own conduct and the consequences of their User Contributions.
Copyright Infringement and Intellectual Property
If you believe that any content posted by a user infringes upon your copyright or other intellectual property rights, you can submit a copyright infringement notice to the Company. The notice should include all the necessary information as required by the Digital Millennium Copyright Act (DMCA) to identify the alleged infringing content and your contact details. Upon receipt of a valid notice, the Company will take appropriate action, which may include removing or disabling access to the infringing content.
The Company’s policy includes terminating the accounts of repeat infringers in appropriate circumstances. However, users should understand that submitting a false or misleading copyright infringement claim could result in liability for damages under applicable law. If you believe that content was removed or access to it was disabled in error, you may file a counter-notification, and the Company will review it as per the DMCA.
All content posted on the Website, including but not limited to text, images, logos, videos, and software, is protected by copyright, trademark, and other intellectual property laws. Unless expressly authorized by the Company, you may not use, reproduce, or distribute any content from the Website for commercial purposes. The Company grants users a limited, non-exclusive, and non-transferable license to access and use the Website in accordance with these Terms of Use, but this license does not grant any ownership rights to the intellectual property contained within the Website.
Reliance on Information Posted
The content available on the Website is intended for general informational purposes only. While the Company strives to provide accurate, up-to-date, and useful information, we make no representations or warranties regarding the accuracy, completeness, or reliability of the content posted. Any reliance you place on such information is at your own risk.
The Website may contain content from third-party sources, including other users, bloggers, or external content providers. These third-party materials reflect the opinions and views of their respective authors and do not necessarily represent the opinions or policies of the Company. The Company is not responsible for any errors or omissions in third-party content and does not endorse any of the statements, views, or opinions expressed therein.
The Company also assumes no responsibility or liability for any actions taken by users based on the information found on the Website. If you find content that you believe is inaccurate or misleading, you are encouraged to report it to the Company, but you should always verify information independently before taking any action based on it.
Changes to the Website
The Company may, at its sole discretion, update, modify, or remove content or features of the Website at any time without notice. While we strive to keep the content up to date, we do not guarantee that all information on the Website is current or accurate. Users should be aware that some content may be outdated, and we are under no obligation to update any material posted on the Website. Additionally, the Company may suspend, discontinue, or modify the Website’s availability, features, or services at any time, without liability.
User Information and Privacy
The Company collects personal information about users when they visit and use the Website. All information collected is handled in accordance with the Company’s Privacy Policy, which governs how personal data is collected, used, and protected. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
Users should be aware that while the Company takes reasonable measures to protect the privacy and security of user data, no method of transmission over the internet or electronic storage is 100% secure. Therefore, while the Company strives to use commercially acceptable means to protect your personal information, it cannot guarantee absolute security.
In addition to personal information, the Company may collect certain non-personal data automatically, such as your IP address, browser type, device information, and browsing activity. This information may be used for various purposes, including improving the Website, analyzing usage patterns, and enhancing user experience.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe that your account has been compromised, you should immediately notify the Company to take appropriate action.
Linking to the Website and Social Media Features
You may link to the Website’s homepage, provided the link is made in a fair and legal manner and does not damage or take advantage of the Company’s reputation. You are not permitted to establish a link that suggests any form of association, approval, or endorsement by the Company unless expressly authorized.
The Website may offer certain social media features that allow users to share content from the Website on social media platforms. These features are provided solely for your convenience, and any use of them must comply with these Terms of Use. You must not use these features in any way that is inconsistent with the intended use or that violates the Company’s rights or the rights of others.
Additionally, you may not use social media features or links to display the Website’s content in such a way that it appears to be associated with any other website or content, unless permitted. You are also prohibited from framing or deep linking the Website’s content on other websites or platforms without express permission.
The Company reserves the right to disable any social media features and links at any time, without notice, and may withdraw permission for you to link to the Website at its sole discretion.
Links from the Website
The Website may contain links to third-party websites and resources for your convenience. These links are provided solely for informational purposes and do not imply endorsement or control over the third-party content. The Company is not responsible for the content, availability, or reliability of external websites, and users access these sites at their own risk.
If you choose to click on a link to an external website, you do so subject to the terms and conditions of that website, and the Company has no liability for any damages or issues arising from your use of third-party sites. Users should always review the privacy policies and terms of use of third-party websites before interacting with them.
Geographic Restrictions
The Website is operated and controlled by the Company from its location in the State of New York, United States. While the Website is accessible worldwide, it is intended solely for users located within the United States. The Company makes no claims regarding the accessibility, appropriateness, or legality of the Website’s content or services in other countries. If you access the Website from outside the United States, you are solely responsible for ensuring compliance with any applicable local laws and regulations, including those relating to data protection, privacy, and online conduct.
Users accessing the Website from outside the United States do so at their own risk and acknowledge that they may be subject to different laws and restrictions in their respective jurisdictions. The Company will not be held responsible for any issues that arise from using the Website from outside the United States, including violations of local laws or regulations.
Disclaimer of Warranties
The Website and all of its content, services, and features are provided on an “AS IS” and “AS AVAILABLE” basis. The Company does not make any warranties or representations regarding the Website’s accuracy, reliability, completeness, or availability. You understand and acknowledge that use of the Website is at your own risk, and the Company expressly disclaims any warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Website will be free of errors or interruptions, that defects will be corrected, or that the Website or the server hosting it will be free of viruses or other harmful components. You are solely responsible for ensuring that your devices, software, and systems are equipped with the necessary protection (such as anti-virus software) to safeguard against any harmful components.
In particular, the Company cannot guarantee that the Website will meet your specific requirements or that your use of the Website will be uninterrupted, secure, or error-free. Any reliance placed on the materials or services provided by the Website is done at your own discretion and risk. The Company is not liable for any losses or damages arising from such reliance.
Limitation of Liability
To the fullest extent permitted by law, the Company and its affiliates, licensors, employees, agents, and contractors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use, or inability to use, the Website or any content or services provided through it. This includes, but is not limited to, damages for personal injury, loss of revenue or profits, loss of data, emotional distress, or any other losses or damages, regardless of whether they arise in tort (including negligence), contract, or otherwise.
This limitation of liability applies to any damages or injury caused by errors, interruptions, defects, delays, or any other issues in connection with the Website, including any damages resulting from computer viruses, malicious software, or unauthorized access to your account or personal information.
The Company’s liability, if any, will not exceed the total amount you paid for the service in question or $100, whichever is less. Some jurisdictions may not allow the exclusion or limitation of liability for certain types of damages, so the above limitation may not apply to you.
You, as a user of the Website, are solely responsible for verifying any information related to cemetery plots listed on the Website. The Company does not inspect or verify the details of any cemetery plot, including ownership, availability, or transferability, before listing it. You should always independently verify the accuracy of any information before making any decisions, entering into any agreement, or engaging in any transaction based on the content posted on the Website.
The Company does not intervene in, monitor, or ensure the legality, quality, or integrity of any transaction between users. Any contact or interaction with the person who listed the cemetery plot (via the contact information provided on the Website) is solely at your own risk. The Company is not responsible for any claims, damages, losses, or disputes arising from transactions or interactions between users, including any issues related to the validity or transfer of cemetery plots.
To the fullest extent permitted by law, the Company, its officers, directors, employees, agents, and affiliates, shall not be held liable for any claims, damages, losses, or expenses arising out of or related to:
- The accuracy, completeness, or validity of the information provided by users and posted on the Website.
- Any disputes, transactions, or interactions between users, including but not limited to issues related to the payment, delivery, ownership, or transfer of cemetery plots.
- The conduct or actions of any user, including any breach of these Terms of Use or failure to perform obligations under any agreements or transactions.
- Any third-party services, websites, or links that may be accessed through the Website.
- Any loss, injury, or damage resulting from your reliance on or participation in any transaction or communication initiated through the Website.
By using the Website, you agree that the Company’s total liability, if any, for any claims arising out of or related to your use of the Website, shall not exceed the total amount you have paid to the Company for the services in the twelve (12) months prior to the event giving rise to the claim. In no event will the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, even if the Company was advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, licensors, and service providers from any claims, losses, damages, costs, expenses, or liabilities (including legal fees) arising from your violation of these Terms of Use or your use of the Website. This includes, but is not limited to, claims related to your User Contributions, any unlawful use of the Website’s content, or any unauthorized use of the Website’s services.
In the event that the Company is sued or incurs any damages due to your actions or omissions, you agree to promptly notify the Company and cooperate in the defense of any such claims. You further agree to reimburse the Company for any costs or damages incurred in connection with such claims.
Termination
The Company reserves the right to suspend or terminate your access to the Website and its services at any time, with or without cause, and without notice, if you violate these Terms of Use or engage in any conduct that the Company, in its sole discretion, deems inappropriate or harmful. Termination may also occur if there is any breach of the Terms of Use, failure to comply with applicable laws, or any other reason the Company deems necessary to protect the Website or other users.
In the event of termination, you must immediately cease all use of the Website, and any rights granted to you under these Terms of Use will be revoked. The Company also reserves the right to terminate your account and retain any payments already made by you, including subscription fees or other amounts, if applicable. If your account is terminated, you may no longer access the services or materials provided on the Website. However, any obligations, liabilities, or legal rights that accrued prior to termination will remain in effect.
If you are unhappy with the Website or the services provided, your sole remedy is to cease using the Website and follow the account termination process. Even after termination, certain provisions of these Terms of Use, such as those related to intellectual property rights, indemnification, and limitations on liability, will remain in effect.
Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflicts of law principles. By using the Website, you consent to the exclusive jurisdiction and venue of the courts located in New York County, New York, for any legal action or proceeding related to or arising from these Terms of Use or your use of the Website.
Any disputes, legal claims, or controversies that arise from these Terms of Use or from your use of the Website shall be resolved exclusively in the state or federal courts located in New York County, New York. You agree to submit to the personal jurisdiction of such courts and waive any objections to venue or the convenience of such forums.
Arbitration
At the Company’s sole discretion, certain disputes or claims arising from these Terms of Use or your use of the Website may be required to be submitted to binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association (AAA) and will be governed by New York state law. You agree that any arbitration will take place on an individual basis, and class or collective arbitrations are not permitted.
The arbitration process will be final and binding, and the arbitrator’s decision will be enforceable in any court of competent jurisdiction. Arbitration proceedings will be conducted in English, and all fees related to arbitration will be borne by the party that is determined to be at fault.
Limitation on Time to File Claims
You acknowledge that any cause of action or legal claim arising out of or relating to these Terms of Use or your use of the Website must be initiated within one (1) year from the date the cause of action or claim first accrues. After this period, any such claim will be permanently barred and cannot be brought, enforced, or heard by any court or arbitration. This limitation applies regardless of the nature of the claim and includes claims based on breach of contract, negligence, or other legal theories.
This one-year time limit is a fundamental condition of your agreement to these Terms of Use and reflects the intent to avoid prolonged disputes. Failure to initiate a claim within this time frame will prevent any recovery of damages, compensation, or remedy, and will result in the dismissal of the claim.
Waiver and Severability
No waiver by the Company of any term or condition of these Terms of Use shall be considered a waiver of any other term or condition, or a waiver of the right to enforce that term or condition in the future. If the Company waives a particular provision of these Terms of Use, it does not imply that any future violations or breaches of the same provision will be waived. Any failure or delay by the Company to assert a right or provision under these Terms of Use shall not be deemed a waiver of that right or provision, nor shall it affect the enforceability of any other provision.
If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions will continue to be in full force and effect. In such a case, the invalid or unenforceable provision will be amended to the minimum extent necessary to make it enforceable while maintaining the intent and purpose of the original provision.
Entire Agreement
These Terms of Use, along with the Privacy Policy and any other legal agreements incorporated by reference, constitute the entire and exclusive agreement between you and the Company with respect to your use of the Website and its services. This agreement supersedes all prior or contemporaneous communications, whether written or oral, and all previous agreements or understandings, whether express or implied, between you and the Company regarding the Website.
In the event of any inconsistency or conflict between these Terms of Use and any other policies or terms provided on the Website, these Terms of Use will take precedence unless otherwise expressly stated. Any amendments or modifications to these Terms of Use must be made in writing and signed by both parties or accepted electronically, as applicable.
Governing Law and Jurisdiction
The laws of the State of New York, United States, will govern these Terms of Use and any legal disputes that arise in connection with your use of the Website. This includes any disputes or claims related to these Terms of Use, their interpretation, enforcement, and validity, or any related non-contractual disputes. The application of New York law is irrespective of any conflicts of law provisions that might otherwise suggest the application of another jurisdiction’s laws.
Any legal action, suit, or proceeding related to these Terms of Use or the Website shall be brought exclusively in the federal courts of the United States or the courts of the State of New York, located in the City and County of New York. You agree that these courts will have exclusive jurisdiction over any disputes, and you waive any objections to the venue or jurisdiction of these courts. In addition, the Company reserves the right to bring any legal actions against you in your country of residence or any other jurisdiction that may be relevant to the nature of the dispute.
Arbitration
In certain circumstances, at the sole discretion of the Company, disputes arising from these Terms of Use or the use of the Website may be required to be resolved through binding arbitration. This arbitration will be conducted under the rules of the American Arbitration Association (AAA) and will be governed by New York law. If the Company elects to pursue arbitration, you agree to submit to the arbitration process rather than resolving the dispute through court proceedings.
Arbitration is a private, less formal alternative to court proceedings and typically involves a neutral third party (the arbitrator) who makes a final and binding decision. If the Company opts for arbitration, both parties will be required to adhere to the rules of the AAA and to resolve the dispute in a manner consistent with the intent of these Terms of Use.
Your Comments and Concerns
The Website is operated by Solo Products LLC, and we welcome any feedback, comments, or concerns you may have regarding our services. If you need technical support, have questions about the Terms of Use, or would like to submit any notices such as copyright infringement claims, please contact us directly at support@cemeteryplotlistings.com. We value your input and are committed to resolving any issues or addressing any inquiries in a timely and professional manner.
All legal notices, feedback, or comments should be sent to the provided contact information. This includes any queries related to the use of the Website, including technical support, customer service, or any other concerns regarding compliance with the Terms of Use and Privacy Policy.
User Privacy and Data Collection
The company collects and processes certain personal and non-personal information from users in order to operate and improve the Website and its services. This information may include, but is not limited to, your name, email address, phone number, billing information, IP address, device information, usage patterns, and any other information you voluntarily provide while interacting with the Website. We may use this information for purposes including, but not limited to, fulfilling your requests, improving our services, sending administrative and promotional communications, and responding to your inquiries.
The company may share your information with third-party service providers who assist in operating the Website and providing services, such as payment processing, data analysis, hosting, customer service, and marketing. These third parties are required to keep your information confidential and secure and may not use it for any other purposes.
We may also use cookies, web beacons, and other tracking technologies to collect data about your interaction with the Website. This data helps us enhance the user experience, customize content, and analyze trends. You have the option to disable cookies in your browser settings, but please note that this may limit certain features and functionality on the Website.
For more details about the collection, use, and sharing of your personal information, please review our Privacy Policy.
User-Generated Content (UGC) and Intellectual Property
By submitting any content to the Website, including but not limited to text, photos, videos, reviews, comments, and other materials (“User Contributions”), you retain ownership of your content. However, you grant the Company a royalty-free, non-exclusive, perpetual, irrevocable, and worldwide license to use, display, modify, distribute, reproduce, create derivative works of, and otherwise exploit your User Contributions in connection with the operation, promotion, and marketing of the Website and its services.
You warrant and represent that you have all necessary rights to submit the User Contributions, and that such content does not infringe upon or violate any third-party intellectual property rights, privacy rights, or any applicable laws. You agree to indemnify and hold harmless the Company from any claims, damages, or liabilities arising out of any violation of these warranties.
All intellectual property rights, including trademarks, copyrights, and patents, in the Website’s content and services, such as logos, designs, software, and other proprietary materials, remain the exclusive property of the Company. Users may not copy, reproduce, distribute, or use any of the Company’s intellectual property without explicit written consent.
Security and Data Protection
The Company takes reasonable measures to protect your personal data and the security of your account. We use industry-standard security protocols, including encryption and secure server technology, to protect your data from unauthorized access, use, or disclosure. While we strive to ensure the security of the Website, we cannot guarantee that the Website or its servers will be free of viruses, malware, or other harmful components. It is your responsibility to implement appropriate security measures on your end, including using up-to-date antivirus software and ensuring the security of your devices and accounts.
You are responsible for maintaining the confidentiality of your account information, including your username and password. If you suspect any unauthorized access or activity on your account, you must notify us immediately at [support@cemeteryplotlistings.com]. The Company will not be liable for any loss or damage resulting from unauthorized access to your account or other security breaches.
In the event of a data breach involving your personal information, we will notify you as required by applicable data protection laws, and provide you with relevant details about the breach and any steps you should take.
User Feedback and Ideas
Any feedback, suggestions, or ideas (“User Suggestions”) you provide to the Company about the Website, its features, or services are considered to be the Company’s property. By submitting User Suggestions, you grant the Company an irrevocable, royalty-free, and perpetual license to use, modify, adapt, reproduce, and distribute your suggestions in any way it deems fit, without any obligation to compensate you or provide acknowledgment.
The Company is under no obligation to act on or implement any User Suggestions, nor does the submission of feedback create any obligation for the Company to respond or modify its services in accordance with such suggestions. You acknowledge and agree that the Company may already be working on similar ideas, or may choose not to use or implement your suggestions at all.
If you do not wish for your feedback or suggestions to be used in this manner, please refrain from submitting them to the Website.
Contact Information:
If you have any questions about these Terms of Use, our Privacy Policy, or anything related to the Website, please contact us at:
Email: support@cemeteryplotlistings.com
Effective Date: These Terms of Use are effective as of January 1 2025.