Conditions of Use
Last updated: January 1, 2015
Welcome to SimpleCremationOnline.com. BradleyWillow, LLC and/or its affiliates ("BW, LLC") provide website features and other products and services to you when you visit or shop at SimpleCremationOnline.com, use BW, LLC products or services, use BW, LLC applications for mobile, or use software provided by BW, LLC in connection with any of the foregoing (collectively, "BW, LLC Services"). BW, LLC provides the BW, LLC Services subject to the following conditions.
By using BW, LLC Services, you agree to these conditions. Please read them carefully.
We offer a wide range of BW, LLC Services, and sometimes additional terms may apply. When you use a BW, LLC Service (for example, Your Profile, Online Obituary or BW, LLC applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that BW, LLC Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of BW, LLC Services, to understand our practices.
When you use any BW, LLC Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other BW, LLC Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Click here to see a non-exhaustive list of BW, LLC trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BW, LLC Service are trademarks or trade dress of BW, LLC in the U.S. and other countries. BW, LLC's trademarks and trade dress may not be used in connection with any product or service that is not BW, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BW, LLC. All other trademarks not owned by BW, LLC that appear in any BW, LLC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BW, LLC.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BW, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BW, LLC Services. This license does not include any resale or commercial use of any BW, LLC Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BW, LLC Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BW, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No BW, LLC Service, nor any part of any BW, LLC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BW, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BW, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing BW, LLC's name or trademarks without the express written consent of BW, LLC. You may not misuse the BW, LLC Services. You may use the BW, LLC Services only as permitted by law. The licenses granted by BW, LLC terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any BW, LLC Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may NOT use the BW, LLC Services. BW, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BW, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BW, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BW, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BW, LLC for all claims resulting from content you supply. BW, LLC has the right but not the obligation to monitor and edit or remove any activity or content. BW, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
BW, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from BW, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
REFUNDS AND TITLE
At our discretion, a refund may be issued byBW, LLC.
BW, LLC attempts to be as accurate as possible. However, BW, LLC does not warrant that product descriptions or other content of any BW, LLC Service is accurate, complete, reliable, current, or error-free.
Except where noted otherwise, the List Price displayed for products on any BW, LLC Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a package, the List Price may represent "open-stock" prices, which means the aggregate of the providers retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
We generally do not charge your credit card until your order has been accepted by the service provider of your choice.
BW, LLC SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with BW, LLC Services (the "BW, LLC Software").
Parties other than BW, LLC operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BW, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BW, LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BW, LLC SERVICES ARE PROVIDED BY BW, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BW, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BW, LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BW, LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BW, LLC SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BW, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BW, LLC DOES NOT WARRANT THAT THE BW, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BW, LLC SERVICES, BW, LLC'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BW, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BW, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BW, LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BW, LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any BW, LLC Service, or to any products or services sold or distributed by BW, LLC or through SimpleCremationOnline.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Valerie Reid, 19 Washington Ave., Chatham, NJ 07928. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BW, LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any BW, LLC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BW, LLC.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of BW, LLC Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
19 Washington Ave.
Chatham, NJ 07928
How to Serve a Subpoena
If you have a subpoena to serve on BW, LLC, please note that BW, LLC does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on SimpleCremationOnline.com, preferably by mailing the subpoena to Valerie Reid, BW, LLC's national registered agent. Please find below the New Jersey address for Valerie Reid:
19 Washington Ave.
Chatham, NJ 07928
Attn: Legal Department - Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of the service provider used.
Additional BW, LLC Software Terms
Use of the BW, LLC Software. You may use BW, LLC Software solely for purposes of enabling you to use and enjoy the BW, LLC Services as provided by BW, LLC, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the BW, LLC Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BW, LLC Software or otherwise assign any rights to the BW, LLC Software in whole or in part. You may not use the BW, LLC Software for any illegal purpose. We may cease providing any BW, LLC Software and we may terminate your right to use any BW, LLC Software at any time. Your rights to use the BW, LLC Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain BW, LLC Software that are specifically identified in related documentation may apply to that BW, LLC Software (or software incorporated with the BW, LLC Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BW, LLC Service is the property of BW, LLC or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BW, LLC Software, whether in whole or in part, or create any derivative works from or of the BW, LLC Software.
Updates. In order to keep the BW, LLC Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.