Effective Date: January 4, 2023
Please read the following terms and conditions (“Terms”) carefully. They create a binding legal contract between you, your employees, agents, and contractors, and any other entity on whose behalf you accept these Terms (collectively, “You” or “Your”) and Park Lawn Corporation (the “Company”, “we”, “our”, or “us”) governing Your use of our website, or other internet services under the control of Company, whether partial or otherwise, and related features, content, products, and services (collectively, “Services”). Among other things, these Terms describe Your responsibilities and limit our liability. If You do not agree to all the following Terms now or in the future, do not use the Services in any manner.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 7) AND LIMIT OUR LIABILITY (SECTION 8). THESE TERMS ALSO INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND THUS PROHIBIT CLASS ACTION CLAIMS. PLEASE REFER TO SECTION 11 FOR ADDITIONAL DETAILS. SOME JURISDICTIONS, SUCH AS THE PROVINCE OF QUEBEC, DO NOT ALLOW ARBITRATION OR CLASS ACTION WAIVERS IN CERTAIN CIRCUMSTANCES; SO THE FOLLOWING MAY NOT APPLY TO YOU.
By accessing the Services in any way, including by clicking the “Subscribe” (or similar) box or button, by making a purchase, or by registering or using any of our resources, You agree to and are bound by these Terms.
You may also be subject to additional terms and conditions that may apply when You use other Company services, third-party content, or third-party software. You are solely responsible for reviewing and complying with such terms even if our Services direct You to third party content, software, or services.
- TERMS GENERALLY APPLICABLE TO THE SERVICES.
- Eligibility. To be eligible to use the Services, You must, and You represent and warrant that You do, meet the following criteria: (a) are 18 years of age or older; (b) are not currently restricted from or otherwise prohibited from using the Services, (c ) are not a competitor of or using the Services for reasons that are in competition with Company; (d) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which You are a party; (e) will not violate any rights of Company, including intellectual property rights such as copyright or trademark rights; and (f) will provide at Your cost all equipment (including mobile devices), software, and internet access necessary to use the Services. The Services are intended solely for persons who are 18 years old, or such higher age required in Your country to use the Services. If You are under the legal age to form a binding contract in Your jurisdiction, You represent that Your parent or legal guardian has reviewed and agreed to these Terms on Your behalf.
- Agent of a Company, Entity, or Organization. If You are using the Services on behalf of a company, entity, or organization (collectively “Organization”), then You represent and warrant that You: (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c ) will be bound by these Terms on behalf of that Organization.
- Applicable Laws and this Agreement. You will comply with all applicable laws, ordinances, regulations, and these Terms.
- Use of the Services. You will use the Services only to post, send, submit, and receive content and materials that are proper. You will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
- User Conduct. Company does not screen or control users of its Services and, is not responsible for, and makes no representations or warranties with respect to any user or user conduct, though we have the right to monitor such information. You are solely responsible for Your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any user or user conduct. You further understand that You may be exposed to content from others that is offensive, indecent, or objectionable. Contact us at firstname.lastname@example.org to notify us of inappropriate or illegal conduct or content You encounter on the Services, as we have the right to terminate a user’s access to the Services or remove content for any reason. Please see our Copyright Policy for reporting intellectual property infringement claims.
- Limited License. Company grants You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license, and right to (a) access and use the Services through a generally available web browser or mobile device (but not through scraping, spidering, crawling, or other technology or software used to access data without the express written consent of Company); and (b) view information and use the Services that we provide in accordance with these Terms. Any other use of the Services is strictly prohibited. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
- Prohibited Uses. You will not use the Services to:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Services or the technology and equipment supporting the Services;
- access or attempt to access the Services through any means other than with the software provided by Company;
- use data mining, robots, or other data gathering devices on or through the Services, unless specifically allowed by these Terms;
- post or submit incomplete, false, or misleading information, pretend to be Company or someone else, spoof Company’s or someone else’s identity, or misrepresent Your affiliation with a person or entity;
- disclose personal information about another person or any confidential, proprietary, or trade secret information of any third party, or harass, abuse, or post objectionable material;
- engage in advertising, marketing, other unsolicited commercial communications, or spamming, except as specifically allowed by these Terms;
- use the Services in an illegal way or to commit an illegal act in relation to the Services or that otherwise results in fines, penalties, and other liability to Company or others;
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services;
- collect or store personal information about other users unless specifically authorized by such users;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- access the Services from a jurisdiction where it is illegal or unauthorized;
- solicit personal information from anyone under 18 or solicit personal information for commercial or unlawful purposes; or
- use, reproduce, modify, distribute, or store any part of the Services (including obituaries, event information, or other content) for any purpose without the prior written permission of Company.
You will not upload, post, submit, email, transmit, or otherwise make available any content that:
- is inaccurate, unlawful, threatening, abusive, harassing, obscene, invasive of another’s privacy, hateful, or objectionable to Company or other users of the Services or refers negatively to people or groups on the basis of their race, ethnicity, national origin, religion, sexual preference, orientation, or identity, gender, class, disability, or similar characteristics;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes;
- contains false statements or misrepresentations that could damage You, us, or a third party; or
- violates or infringes anyone’s intellectual property or other rights.
- Forward-Looking Information. All information other than statements of current and historical fact contained on our website is forward-looking information. In certain cases, forward-looking information can be identified by the use of words such as “plans”, “expects”, “budget”, “scheduled”, “estimates”, “forecasts”, “intends”, “anticipates”, “believes”, “aspirational”, “targets”, “goals”, “objectives”, “aims” or variations of such words and phrases, or statements that certain actions, events or results “may”, “could”, “would”, “might” or “will”, “occur” or “be achieved”, and similar words or the negative thereof. The forward-looking information contained herein is expressly qualified in its entirety by this cautionary statement.
By its nature, forward-looking information is inherently uncertain, is subject to risk and is based on numerous assumptions, both general and specific, which give rise to the possibility that actual results or events could differ materially from the Company’s expectations expressed in, or implied by, such forward-looking statements and that our business outlook, objectives, plans and strategic priorities may not be achieved. These statements are not guarantees of future performance or events, and readers are cautioned against relying on any of these forward-looking statements. Although management of the Company believes that the expectations represented in such forward-looking information are reasonable, there can be no assurance that such expectations will prove to be correct. If the Company’s assumptions turn out to be inaccurate, its actual results could be materially different from what it expects. Accordingly, readers should not place undue reliance on forward-looking information. The Company assumes no obligation to update or revise such forward-looking information to reflect new events or circumstances, except as required under applicable securities laws.
- Investment Decisions. None of the information or materials contained in our website constitute an offering of securities in any jurisdiction. Certain documents contained on our website constitute disclosure documents required under the corporate and securities laws of those jurisdictions applicable to the Company and are not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on our website. Such continuous disclosure documents are provided as a service only and are not official versions of the Company’s securities law disclosure documents. Due to the technical and security risks inherent in the Internet, and because the document you access may differ from the original, depending on your browser software, the information set out on our website should not be used for the purpose of making investment decisions with respect to the Company’s securities. To obtain printed copies of documents you wish to review, you should contact email@example.com . If you are contemplating trading in the Company’s securities, you should contact your investment advisor.
- Registering for an Event. To register for an event, You must complete the registration process by providing us with true, current, complete, and accurate information as prompted by the applicable registration form, and You will maintain and promptly update such information, including any authorized payment method, to keep it true, current, complete, and accurate. If You change or deactivate Your mobile telephone number, You will update Your information with us within 48 hours to ensure that Your messages are not sent to the person who acquires Your former telephone number. You grant Company the right to independently verify any information that You provide through the Services about Yourself, although we do not routinely undertake any verification.
- User Activities. You are responsible for maintaining the confidentiality of any password(s) You use to access the Services, and You are fully responsible for all activities that occur under Your password(s) and registration. You will notify us immediately of any unauthorized use of Your registration or any other breach of security. Company will not be liable for any loss that You may incur as a result of someone else using Your password or registration. Notwithstanding such notice, You could be held liable for losses incurred by Company or another party due to someone else using Your registration or password. You may not use anyone else’s registration at any time, without the permission of the registration holder.
- YOUR SUBMISSIONS
- Your Content. You are solely responsible for all content or information that You upload, post, submit, or otherwise transmit via the Services.
- Ownership and License of Your Content and Information. Company makes no claim to ownership of any content or information You provide to us and will not pay any compensation to You with respect to any use of Your content or information by us or our licensees. Company will be free to use or disseminate any content or information You make available to us on an unrestricted basis for any purpose, and You hereby grant Company and all other users of the Services an irrevocable, perpetual, worldwide, transferable, royalty-free, fully paid up, nonexclusive license, with the right to grant and authorize sublicenses, to use, reproduce, modify, distribute, and otherwise exploit such content and information (including in digital form). Company may pass these rights along to others with whom Company has contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. You represent and warrant that You have proper authorization for the worldwide transfer and processing among Company and third-party providers of any content or information that You may provide to us. You also represent to us that, by submitting content or information to Company and granting Company the rights described in these Terms, You are not infringing or violating the personal or property rights of any person or third party. Company is under no obligation to post or use any of Your submitted content or information, but if Company does use such content or information, Company may remove such content at any time in its sole discretion.
- Public Information. Please remember that any information and content disclosed publicly through the Services becomes public information, and You should exercise caution when deciding to disclose Your personal information and other content.
- Submissions. Unless Company has entered into a separate written agreement with You that explicitly states to the contrary, Company can use and freely exploit any information, feedback, questions, comments, or the like that You provide to us in connection with the Services (“Submissions”) on a non-confidential and non-proprietary basis and the Submissions will become and remain the property of Company. No compensation will be paid with respect to the use of any Submissions that You provide to Company. Company is under no obligation to post or use any of Your Submissions and may remove any Submissions or information at any time in its sole discretion. You will not give to Company any Submissions that (a) You have reason to believe are subject to any patent claim or similar right of a third party; (b) are subject to license terms which seek to require any product incorporating or derived from such Submissions, or other intellectual property, to be licensed to or otherwise shared with any third party; or (c ) are the confidential information of any third party to whom You owe a duty of confidence.
- Indemnification. You will indemnify, defend, and hold harmless the Released Parties (as defined below) from and against any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of Your content, Your Submissions, or Your use of the Services, including without limitation, Your use of any information You learn from Your use of the Services, Your breach of these Terms, Your violation of any data protection or privacy laws, or Your violation of any rights of another person or entity. You are solely responsible for any claims brought by a third party, including, for Your use of any information You learn from Your use of the Services.
- NOTICES; MODIFICATION/TERMINATION OF TERMS AND/OR SERVICES
- Notices. Company may provide notice to You via email, regular mail, or posting notices or links to notices on our website or through the Services.
- Modification of Terms and Services. Company may update or change these Terms, and any other terms, conditions, and notices for the Services from time to time. You understand that Company reserves the right to make these changes and that You are responsible for regularly reviewing these Terms and other terms, conditions, and notices. Continued access to or use of the Services after any such change will constitute Your consent to such change. Unless explicitly stated otherwise, any modifications to the Services will be subject to the Terms, as modified from time to time. Company may also make changes to the Services or discontinue the Services (including content and product offerings) at any time and without notice. No modification of these Terms will be binding on Company unless posted by us, or unless in writing and signed by a person authorized to act on behalf of Company. You should periodically visit our website to review the current Terms. Your use of our Services will be at Your own and sole risk and we will not be liable for any data loss or damage to any device, including Your own devices, arising out of or relating to Your use of our Services.
- Termination or Suspension of Services. Company reserves the right, in its sole discretion, to modify, terminate, or suspend Your access to the Services or any portion thereof at any time and for any reason, with or without notice and without liability to Company. Company will not be liable to You or any third party for any modification, suspension, or termination of the Services, Your access to the Service, or loss of related information. You may stop using the Services at any time.
- THIRD PARTY LINKS, FUNCTIONALITY, AND TRANSACTIONS
- Company or its users may provide a link to other sites, including for advertising and promotional purposes, by allowing the user to leave the Services to access third-party material or by bringing the third-party material into the Services via “inverse” hyperlinks and framing technology (each a “Linked Website”). Company has no control over the content on a Linked Website and is not responsible for the operation of any Linked Website. Company is offering these links to You as a convenience only, and the fact that we have provided or allowed a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.
- Our Services may allow You to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions. We make no promises and disclaim all liability of specific results from the use of such third-party services.
- We urge You to make sure You understand the risks associated with using, retrieving, or relying upon any information found on the internet before using, retrieving, or relying upon any such information from a Linked Website. Your correspondence or business dealings with, or participation in promotions of, advertisers or users other than Company found on or through our Services are solely between You and such advertiser or other user. Company will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any Linked Website.
- COMPANY INTELLECTUAL PROPERTY
- All materials, including without limitation, any software, training materials, or documentation, available through the Services and not provided by users of the Service are the property of Company, its affiliated companies, and/or third parties and are protected by copyrights, trademarks, and other intellectual property rights. All trademarks, service marks, and trade names are proprietary to Company, its affiliated companies, and/or third parties. You cannot use our logo or trademarks without our written permission.
- Except as expressly authorized in writing by Company, You will not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of our content or content of others (including without limitation, text, images, photographs, video, audio, graphics, user interface, and other content provided) on the Services, and the selection, coordination, and arrangement of such content (whether by us or by You), in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Company discloses to You. You must not remove, alter, or obscure any copyright, patent, trademark, or other proprietary or restrictive notice or legend contained or included in any part of the Services, and You will reproduce and copy all such notices and legends on all copies of any part of the Services that You are permitted to make hereunder, if any. You may use the Services and the contents contained in the Services solely for Your own individual, non-commercial, and informational purposes. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Any rights not expressly granted herein are reserved.
- Any software which may be downloaded through the Services for or on behalf of the United States of America, its agencies, and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c )(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
- DISCLAIMER OF WARRANTIES
- YOUR ACCESS TO, USE OF, AND RELIANCE ON THE SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- THE RELEASED PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY, LEGALITY, OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE THROUGH THE SERVICES OR PROVIDED ON THE SERVICES BY ANY PARTY, OR (B) ANY CONTENT PROVIDED ON OR CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM LINKED WEBSITES. THE RELEASED PARTIES FURTHER MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- SOME JURISDICTIONS, SUCH AS THE PROVINCE OF QUEBEC, DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOLLOWING DISCLAIMERS IN THIS SECTION 7 MAY NOT APPLY.
- LIMITATION OF LIABILITY
- THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES, OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO COMPANY OR CONTENT, INFORMATION, OR SERVICES ACCESSED OR OBTAINED THROUGH THE SERVICES. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH THIRD PARTIES. YOU WILL RESOLVE DISPUTES DIRECTLY WITH OTHER PARTIES. YOU RELEASE THE RELEASED PARTIES OF ALL CLAIMS, DEMANDS, AND DAMAGES IN DISPUTES AMONG USERS OF THE SERVICES. YOU WILL NOT INVOLVE US IN SUCH DISPUTES. PLEASE USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES. “RELEASED PARTIES” INCLUDE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS.
- THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE)), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PARTY ON OR THROUGH THE SERVICES; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
- TO THE EXTENT ANY JURISDICTION, SUCH AS QUEBEC, DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY.
- PRIVACY AND PERSONAL INFORMATION
- APPLICABLE LAW
- The law of Your state/province/territory or country of residence (as applicable) will apply to any action related to the Terms and/or Your use of the Services, including any Dispute (as defined below). Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any Dispute under the Terms.
- Company makes no representation that the content or information available through the Services is appropriate for access outside of the United States or Canada. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with local laws.
- Although the Services are accessible worldwide, they are not accessible to all persons or in all geographic locations. Company reserves the right to limit, in its sole discretion, the provision and quantity of any Service to any person or geographic area it so desires. Any offer for any Service provided by Company is void where prohibited.
- BINDING ARBITRATION. Some jurisdictions, such as the province of Quebec, do not allow arbitration or class action waivers in certain circumstances; so the following may not apply to you. To the extent permitted by applicable law, all disputes under these Terms or related in any way to Your use of the Services, including any purchases and any communications or other interactions between You and Company (a “Dispute”), will be settled through BINDING ARBITRATION, except that You or Company may file a complaint in small claims court if the Dispute qualifies under the applicable jurisdictional limits, or unless You opt-out as described below.
- The arbitration will be administered by one arbitrator by the American Arbitration Association (“AAA”) under the AAA’s then-current Consumer Arbitration Rules, which can be found at www.adr.org or by calling 1-800-778-7879. To begin arbitration, please visit the AAA’s website or call the number provided here.
- Any arbitration will take place in Houston, Texas or the state/county/province/territory in which You reside if You so choose. If You reside outside of the United States or Canada, arbitration will take place in Harris County, Texas. The parties may arbitrate by video or telephone conference or to have their Dispute decided on a documents-only basis. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief.
- For any arbitration that You file, and except for a Dispute determined by an arbitrator or court to be frivolous, asserted in bad faith, and/or asserted for purposes of harassment, Company will pay Your filing fee and costs and expenses that otherwise might be due under the AAA Consumer Arbitration Rules, up to $1,000.
- You may opt-out of this agreement to arbitrate. If You do so, neither You nor Company can require the other to participate in an arbitration proceeding regarding these Terms. To opt-out, You must notify us in writing within 30 days after the date that You first accept these Terms. You may also opt-out within 30 days after we notify You regarding a material change to these Terms. You must send us a notice to this address to opt-out:
Park Lawn Corporation
16801 Greenspoint Park Drive
Houston, Texas 77060
You must include Your name, residence address, and a clear statement that You want to opt-out of this arbitration agreement.
- The arbitrator has the authority to decide all issues of arbitrability, and there is no judge or jury in arbitration. YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- You agree that any claim You may have arising out of or related to Your use of the Services, Your relationship with Company, and/or these Terms must be filed within one year after such claim arose; otherwise, Your claim is permanently barred.
- Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration can proceed on a class basis, then neither You nor Company is entitled to arbitrate the Dispute.
- This arbitration provision is subject to the Federal Arbitration Act and interpreting case law. To the extent state law applies to the Dispute, the laws of Your state of residence will apply. The arbitrator’s award will be binding on You and Company and may be entered in any court of competent jurisdiction. This Binding Arbitration Section will survive any termination of Your use of the Services.
- GENERAL TERMS
- You must not assign or otherwise transfer the Terms or any right granted hereunder. Company may assign or otherwise transfer the Terms, or any right granted hereunder. Any assignment in violation of this Section will be null and void.
- No one other than You and Company, or Company’s successors and assigns, will have any right to enforce these Terms.
- Any material breach of these Terms will result in irreparable harm to Company for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Company will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Company seeks such an injunction.
- Services derived or obtained from Company may be subject to the U.S. and Canadian export laws and the export or import laws of other countries. You will comply strictly with all such laws and, in particular, will: (a) obtain any export, re-export, or import authorizations required by U.S. or Your local laws; (b) not use the Services to design, develop, or produce missile, chemical, biological, or nuclear weaponry; and (c ) not provide Services, content, or products derived or obtained from the Services to prohibited countries and entities identified in the U.S. or Canadian export regulations.
- Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
- You will comply with all applicable laws and regulations. If any legal authority, having the jurisdiction, rules that any part of these Terms is invalid, that Section will be removed and the remaining terms of these Terms will be valid and enforceable.
- Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- Company always reserves the right to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Company’s sole discretion.
- Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.
- A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.