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TERMS OF USE

PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

These “Terms of Use” set forth the terms and conditions that apply to your use of any one or more of the websites https://www.crosssystem.org, www.clecemorg , www.crosssystemstaging.org , and www.clecemdev.org , as well as any and all related mobile and 3rd party applications that access our service (collectively, our " Service"). By using the Service, you are entering into a binding agreement with The Catholic Cemeteries Association of the Diocese of Cleveland, an Ohio non-profit corporation (“CCA”), and you agree to comply with all of the Terms of Use set forth herein. The right to use the Service and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

WHEN YOU CLICK THE “I ACCEPT” BUTTON DURING THE LOG-IN PROCESS, OR IF YOU OTHERWISE ACCESS OR USE THE SERVICE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. CCA IS WILLING TO GRANT YOU ACCESS TO THE SERVICE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE IN ANY WAY.

As provided below, CCA may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Service. Your continued use of the Service shall be deemed as an irrevocable acceptance of any such revisions. The right to use the Service and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

1. Copyrights, Trademarks, and Patents

The materials found on the Service are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Service are Copyright © The Catholic Cemeteries Association of the Diocese of Cleveland, All Rights Reserved. Permission is granted to view and print materials from the Service for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Service, whether in electronic or hard copy form, without the express prior written permission of CCA, is strictly prohibited.

All trademarks and/or service marks (including logos and designs) found on the Service are trademarks/service marks that identify CCA and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of CCA. Portions, features, and/or functionality of the products or services of CCA or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending. No person is authorized to use, copy, or distribute any portion of the website including related graphics, except for the non-commercial purpose of viewing, reading, and retaining any such portion of the website for reference, as provided above.

2. Links to Third-Party Websites

The Service may provide hyperlinks to third-party websites as a convenience to users of the Service (each, a “Third-Party Site”). CCA does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. CCA does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

3. Children’s Issues

The Service is restricted and limited for use by people 18 or over. CCA will not knowingly collect any information from individuals under 13. If you are under the minimum age required for use of the Service, do not use or provide any information on the Service or on or through any of its features, register on the Service, make any purchases through the Service, use any of the interactive or public comment features of the Service or provide any information about yourself to CCA, including your name, address, telephone number, email address, or any screen name or user name you may use. Should we determine that you do not meet the age requirements for using our Service, your registration will be terminated immediately. If we learn we have collected or received personal information from a user under the required minimum age, we will delete that information.

4. Use of the Service

The Service primarily functions as an online information service that, among other features, allows users to search for, locate, and travel to gravesite locations falling under the oversight of the CCA. Certain information or features appearing on the Service may be provided directly by third parties, and discrepancies or errors may appear. You expressly waive any requirement that purports to impose on Quo an obligation to perform any services other than those expressly undertaken by CCA hereunder.

You represent and warrant to CCA that you have used and will use the Service in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security. CCA may change, suspend or end the Service or any services provided thereunder, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

As a user of the Service, you may be required to submit certain information, including your name, address, e-mail address, telephone number, and other information. CCA is not responsible for any information, material, or ideas submitted on the Service. More specifically, CCA does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except in order to provide you with the functions that the Service enable, and except to the extent required by applicable law or under the terms of our Privacy Policy.

To the extent you are accessing any portion of the Service requiring a login ID or a password, you are responsible for all use of the Service made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify CCA, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately as provided in Section 10 below.

Users of the Service are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Service to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

Users are also prohibited from violating or attempting to violate the security of the Service. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the Service, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation, or our system or network security may result in civil or criminal liabilities. CCA reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, CCA reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. CCA reserves the right to expel users and members of the Service and to prevent their further access to the Service if they violate our Terms of Use or Privacy Policy. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our public image, or damage to our relationship with other third parties.

When you submit postings, comments, or other content to the Service, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant. By submitting suggestions or other feedback regarding the Service, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation.

5. No Representations or Warranties; Limitations on Liability

The information and materials on the Service could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. CCA AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL CCA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICE, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICE, FROM THE SERVICE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OUTAGES, DAMAGES, OR DELAYS ATTRIBUTABLE TO CCA’S LICENSORS, VENDORS, OR SERVICE PROVIDERS, OR OTHER CAUSES BEYOND CCA OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES’ CONTROL.

If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: "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."

6. Indemnification

You agree to indemnify, defend and hold harmless CCA, its affiliates, and their respective officers, managers, directors, members, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Service, your violation of any of these Terms of Use, or any misrepresentation of any representation or warranty made by you under these Terms of Use.

7. Governing Law and Dispute Resolution

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Service will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Service or these Terms of Use must be commenced by you within one year after it arises.

8. Changes to These Terms of Use

These Terms of Use were last updated on June ___, 2017. We may update our Terms of Use as our policies and procedures change from time to time. Without limiting the foregoing, CCA reserves the right to change the Terms of Use or Privacy Policy under which the Service are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the Service, you will be using the Service subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.

9. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and CCA, and such Terms of Use govern your use of our Service, superseding all prior or contemporaneous agreements, understandings, or representations. Except as provided in paragraph 6 or as expressly provided elsewhere in these Terms of Use, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties to these Terms of Use, any rights or remedies under or by reason of these Terms of Use.

10. Notices

For notices that are directed to you under these Terms of Use (including as part of CCA’s general customer base), CCA may give notice by means of any of the following: (a) a general notice on the Service; (b) by electronic mail to your e-mail address on record in CCA’s account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in CCA’s account information. All notices to be delivered by Client to CCA shall be in writing and shall be delivered by electronic mail to CCA at the following address: email@clem.org. Either CCA, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing written notice of such update to the other party in the manner provided in this Section 10. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.

11. Questions or Comments

Questions or comments regarding the Service or these Terms of Use should be sent by e-mail to email@clem.org, or you can call us at (216) 641-7575.