PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING INTO THIS SUBSCRIPTION WITH BOSTON COMPUTER SCANNING, INC. The
sites known as CemeteryFind.com and USdpw.com and all content, information and services accessible through them (collectively and separately known as “Web Site”) are made
available by Boston Computer Scanning, Inc., whose principal place of business is at 59 Albion Street, Wakefield, Massachusetts 01880 ("BCS"), and may be used only under the
following terms and conditions.
BY ENTERING INTO THIS SUBSCRIPTION AND/OR ACCESSING AND USING THE WEB SITE, YOU ("User" or “you” or “your) AGREE TO BE LEGALLY BOUND BY
THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If you are entering into this subscription and accessing and using the Web Site on behalf of any group
or entity, you warrant that you have all necessary authority to enter into this Agreement. If at any time you do not agree to be bound by the terms and conditions of this Agreement,
then you must cease using the Web Site immediately.
Unless otherwise indicated, the Web Site and its contents including, but not limited to, text, articles, images, videos, logos, trademarks, graphics and overall "look and feel" are the
property of BCS. The copyrights, trademarks, service marks, patents and all other intellectual property rights in the material contained on the Web Site belong to BCS. You
acknowledge that the trademarks, service marks, patents, copyrights and other intellectual property appearing on the Web Site are protected by copyrights, trademarks, service marks,
patents and other intellectual and other property rights and laws, including but not limited to the laws of the Commonwealth of Massachusetts, the United States of America and
international laws.
In accessing the Web Site, you agree that the Web Site is made available for your non-exclusive, non-transferable, revocable, limited, personal and non-commercial use only. Unless
as explicitly stated otherwise in writing in the description of your subscription, or unless you have BCS's prior written permission, you are not permitted to copy, print, broadcast,
make available to the public, download, store (in any medium), transmit, show or play in public, adapt or change in any way t he material (or any part of it) contained on the Web Site
for any purpose whatsoever. Notwithstanding these terms and conditions of use, individual members of the general public or a duly licensed commercial funeral home may use the
public search portion, if included as part of the customer’s account set up, and not the password account portion of the Web Site, when said member of the general public or said
funeral home has a legitimate need to research burial records for themselves or for a funeral home’s existing customer or customer’s family. Notwithstanding these terms and
conditions of use, you may copy, print, download and store any of your data which you, or which BCS uploaded on your behalf at your request, to the WebSite and which is not in
violation of this Agreement (“Your Uploaded Content”). You are solely responsible for the content of Your Uploaded Content, including but not limited to you being solely responsible
for having the legal rights to upload Your Uploaded Content. BCS has no liability or responsibility. All other commercial uses of the Web Site, including but not limited to marketing,
advertising, and the sale of goods or services, are strictly prohibited. By using the Web Site, you acknowledge that you are over the age of eighteen years, or that you have the written
permission of a parent or guardian who is over the age of eighteen years to use the Web Si te. BCS is not liable in any way for Your Uploaded Content, and BCS may remove Your
Uploaded Content from the Web Site in BCS's sole discretion.
Certain sections of the Web Site require registration to access and use information and services. If you elect to register, you agree to provide BCS with accurate, complete registration
information. You will inform BCS of any changes to your registration information. You warrant that your registration is for you as a single person only, and that you will not permit
anyone other than you to access and use sections of the Web Site requiring registration using your User name and password. You will not access or use the Web Site under the User
name of another individual. You are responsible and liable for all access to and use of the Web Site through your User name and password, including access of any services, the use
of which results in monetary charges to you, whether or not you have knowledge of or authorize such access and use. You will notify BCS immediately of any unauthorized use of
your User name or password, if you suspect the privacy of your User name or password has been jeopardized, or if you believe that another individual has fraudulently represented
themselves as you or as being associated with you or an organization with which you are associated. Other than as explicitly stated in writing in the description of your subscription,
you may not alter or modify information or services provided through the Web Site in any way. You may not reverse engineer, decompile, disassemble or otherwise attempt to
discern the source code or architecture of the components of the Web Site, or any information about usage or users. You may not use any robot, spider, other automatic device or
process, or manual device or process to access, monitor or copy all or part of the Web Site without BCS's prior written permission.
The Web Site may contain links to other websites over which BCS has no control. BCS is not responsible for the privacy policies or practices of other websites to which you choose
to link from the Web Site, and you are fully responsible for any loss or damages to you of any kind which results from such links.
THE WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW. BCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. BCS MAKES NO
WARRANTY THAT ACCESS TO THE WEB SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR-FREE, OR THAT
DEFECTS WILL BE CORRECTED. BCS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING
FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THE WEB SITE, INCLUDING BOTH BCS AND THIRD PARTY CONTENT
AND SERVICES DELIVERED THROUGH THE WEB SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN
THROUGH LINKS IN THE WEB SITE, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) USER'S USE OF EQUIPMENT AND
SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THE WEB SITE, OR (E) ACCURACY OF THE CONTENT OF THE WEB SITE.
USER'S EXCLUSIVE REMEDY AND BCS’, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM
FOR DAMAGES RELATING TO USE OF THE WEB SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT O R
NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC FEATURE OF THE WEB SITE
WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL B CS, ITS
AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE THE
WEB SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY BCS, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKE N BY
USER IN RELIANCE UPON INFORMATION AND SERVICES DELIVERED BY THE WEB SITE; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS UNDER THIS AGREEMENT OR USE OF,
OR INABILITY TO USE THE WEB SITE, EVEN IF BCS, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BCS SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR
FEATURE.
You agree to defend, indemnify, and hold BCS, its affiliates, contractors, suppliers, directors, officers, shareholders, employees and agents harmless from any and all claims, costs,
damages, judgments, and liabilities (including but not limited to reasonable attorney's fees) made by any third party and arising from any content you post, submit, alter, export,
import, link to or from, transmit or otherwise make available through the Web Site, your violation of the terms and conditions of this Agreement, or the violation of the intellectual
property rights of you or any third party. BCS’s performance under these Terms and Conditions of use are subject to interruption, delay and other issues due to causes beyond its
reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or
labor dispute, inability to obtain necessary supplies and the like, and BCS shall not be liable to User for issues, interruptions or delays related to same.
BCS reserves the right to modify this Agreement at any time and at its sole discretion. If this Agreement is modified by BCS, notice shall given 30 days in advance of the effective date
of the modification either by email or by the posting of a notice on the Web Site, and your continued use of the Web Site following the effective date of a modification is your
acceptance of that modification. Modifications of this Agreement will not be applied retroactively, and they will take effect on the effective date of the modification. Updated versions
of the Terms and Conditions of Use will appear on the Web Site and become the effective Agreement immediately upon publication. You are responsible for regularly reviewing the
Terms and Conditions of Use. Continued use of the Web Site by you after any such modification of this Agreement constitutes your assent to such modifications.
This Agreement will be governed by and construed under the law of the Commonwealth of Massachusetts, United States of America without regard to conflicts of law provisions,
unless stated by BCS in writing otherwise. The parties agree that the state and federal courts sitting in Massachusetts will have exclusive jurisdiction over any claim arising out of
this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise
transferred by you without BCS's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of
such provision or of the right to enforce such provision.
All notices shall be sent to:
Boston Computer Scanning, Inc.,
PO Box 1646, Wakefield, MA 01880
Updated: March 22, 2021
