Terms of Service

Last Updated: November 7, 2024

1. Acceptance of Terms

Welcome to Evermore Directory. By accessing or using our website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Evermore Directory ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Description of Services

Evermore Directory provides an online directory of funeral homes and related services across the United States. Our Services include:

  • Searchable database of funeral home listings
  • Contact information and service details for funeral homes
  • Educational resources about funeral planning
  • Tools to compare funeral home offerings
  • Featured listing opportunities for funeral service providers

We act solely as a directory service and information resource. We do not provide funeral services, legal advice, or financial planning services.

3. User Responsibilities

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Account Security

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to:

  • Provide accurate and complete information
  • Keep your account information current
  • Maintain the security of your password
  • Notify us immediately of unauthorized use
  • Be responsible for all activities under your account

3.3 Prohibited Uses

You agree not to:

  • Use the Services for any unlawful purpose
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit viruses, malware, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Services
  • Harvest or collect user information
  • Impersonate any person or entity
  • Post false, misleading, or defamatory content
  • Engage in any automated use of the system
  • Use the Services to spam or send unsolicited communications

4. Listings and Information

4.1 Accuracy of Information

We strive to provide accurate and up-to-date information about funeral homes in our directory. However, we do not guarantee the accuracy, completeness, or reliability of any information on the Services. Funeral homes are responsible for the accuracy of their own listings.

4.2 No Endorsement

The inclusion of a funeral home in our directory does not constitute an endorsement or recommendation by Evermore Directory. We are not responsible for the quality, reliability, or conduct of any funeral home or service provider listed on our platform.

4.3 Third-Party Content

Our Services may contain content provided by third parties. We are not responsible for third-party content and do not endorse any opinions expressed by third parties.

4.4 Verification

You should independently verify all information before making decisions. We recommend contacting funeral homes directly to confirm services, pricing, and availability.

5. Intellectual Property

5.1 Ownership

All content on the Services, including text, graphics, logos, images, software, and design elements, is owned by or licensed to Evermore Directory and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, or publicly display our content
  • Modify or create derivative works
  • Use our content for commercial purposes
  • Remove copyright or proprietary notices
  • Use automated tools to access or scrape our content

5.3 Trademarks

"Evermore Directory" and associated logos are trademarks of our company. You may not use our trademarks without prior written permission.

6. User-Generated Content

If you submit content to our Services (such as reviews, comments, or feedback), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content. You represent that:

  • You own or have rights to the content you submit
  • Your content does not violate any laws or third-party rights
  • Your content is accurate and not misleading
  • Your content does not contain confidential information

We reserve the right to remove any content that violates these Terms or that we find objectionable.

7. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the Services will be uninterrupted or error-free
  • Warranties regarding security or absence of viruses

We do not warrant that:

  • The Services will meet your requirements
  • The information provided is accurate or complete
  • Any errors will be corrected
  • The Services are free from harmful components

YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICES AND ENGAGING WITH FUNERAL HOMES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMORE DIRECTORY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Personal injury or property damage
  • Costs of substitute services
  • Any damages arising from your use of or inability to use the Services
  • Any actions or services of funeral homes or third parties

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Evermore Directory and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Your content or submissions
  • Your interactions with funeral homes or other users

11. Links to Third-Party Websites

Our Services may contain links to third-party websites. These links are provided for convenience only. We do not control or endorse third-party websites and are not responsible for their content, privacy practices, or terms. Your use of third-party websites is at your own risk.

12. Payments and Refunds

If you purchase premium services or featured listings, payment terms will be specified at the time of purchase. Unless otherwise stated:

  • All fees are non-refundable
  • You authorize us to charge your payment method
  • Prices are subject to change
  • You are responsible for all applicable taxes
  • Subscription services auto-renew unless cancelled

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. You may stop using the Services at any time. Upon termination:

  • Your right to use the Services immediately ceases
  • We may delete your account and content
  • Provisions that by nature should survive will continue to apply

We are not liable for any damages resulting from termination of your access.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. Contact us at legal@evermoredirectory.com with a description of your claim.

14.2 Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration rather than in court, except you may assert claims in small claims court. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive your right to participate in class actions or class arbitrations.

14.4 Governing Law

These Terms are governed by the laws of [Your State], without regard to conflict of law principles.

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Evermore Directory.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

15.3 Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15.6 Notices

Notices to you may be made via email or through the Services. Notices to us should be sent to legal@evermoredirectory.com.

16. Contact Information

If you have questions about these Terms, please contact us:

Evermore Directory

Email: legal@evermoredirectory.com

Phone: 1-800-EVERMORE

Mailing Address: [Company Address]

Important Notice:

By using Evermore Directory, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please discontinue use of our Services immediately.