Terms and Conditions of Use.

The Service: This ObitCheckSM site (“Site”) provides access to a web based obituary search service, which helps determine if an individual is deceased by searching a database of published obituaries.

Use of Service: The use of this Berwyn Group, Inc. (“Berwyn Group”) Site is governed by terms and conditions stated herein, and are considered to be part of your customer agreement. Any person (“you”, “User” or “Customer”) who accesses this Site agrees by such access to be bound by these Terms and Conditions Use, and by any additional terms and conditions that are referenced herein. Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions of Use. Accordingly, when you use the Site, you should check the date of the Terms and Conditions of Use and review any changes since the last version.

Public Information: This obituary search Site does not access non-public personal information as defined in various state and federal statutes such as the Gramm-Leach-Bliley Act, the or the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.).

User Information: As a condition of use of the services of this Site, the person named on the registration form must be authorized personnel of your organization. Berwyn Group reserves the right to review and verify information provided in the registration form. A user account ID and password will be established once the registration has been accepted. You will be responsible for the confidentiality and security of your account UserID and password. You are responsible to ensure that your User account is not used by others in your organization; and you will be responsible for all service requests made using your UserID and password. If you suspect or discover that the confidentiality of your user account information has been compromised, it is entirely your responsibility to immediately report this to Berwyn Group as soon as you become aware of it.

Ownership of Information/Data: Berwyn Group will be using its proprietary software and database resources to provide the necessary deliverables for this service. Search data will be available only to the account user that requested the initial search – in other words, every search episode is defined by the UserID requesting the search, and this request data cannot be accessed by any other UserID besides authorized Berwyn Group personnel for account administration /customer service purposes. The databases that Berwyn Group owns, maintains and uses in the course of its normal business (not including data provided to Berwyn Group by the customer) will remain the sole property of Berwyn Group. Berwyn Group will not assign its rights to its data base, methods, procedures, updates, modifications, alterations, customizations, derivative works, revisions thereof, all software, source code, proprietary research, patents, trademarks, service marks, logos, equations, screens, techniques, analysis, programming, know-how, trade secrets or any other proprietary information to the customer by virtue of registering and utilizing the web based ObitCheckSM services.

Site Content/Ownership: Information available through this Berwyn Group Site is in the public domain and can be obtained from third-party sources. We make no representation of ownership of, or of exclusive rights to such public-domain information. Notwithstanding such disclaimer, Berwyn Group retains all applicable intellectual property rights to the manner in which it, through any action on its part, whether automated or otherwise, compiles, organizes, digitizes, and packages such data for authorized users of its site, and makes such data available for access, search, and download. Except for what ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any content on or outside of this Site, to include without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, or modifying, reverse–engineering, or transmitting any such content, unless expressly authorized in these Terms and Conditions of Use. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend, whether indicating Berwyn Group’s ownership or its licensed use of a third-party’s property, contained on the Site or in the content. You agree not to access the Service by any means other than through the interface Berwyn Group provides via the Site for use in accessing the service.

Links to Other Websites: This Site may contain links to websites operated by other people or companies (“Linked Sites”). The inclusion of any link is not, and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Berwyn Group of any information materials, products, or services contained in or accessible through any Linked Site. In no event shall Berwyn Group be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. Berwyn Group does not have any responsibility for those websites, and we provide the links solely for the convenience of our client’s.

Privacy Policy: Berwyn Group does not sell customer information to third parties or share customer information with third parties. Berwyn Group will protect your privacy automatically and safeguard your information. You do not have to take any action or give any instruction to keep your information or data confidential.

Disclaimer: Berwyn Group makes every effort to provide accurate, timely error-free results, and tests all data prior to updating its files. However, Berwyn Group has no control over the content of the files that it receives from reporting agencies. The reporting agencies and source providers cannot guarantee the accuracy of the data base reported to Berwyn Group. Accordingly, you should not take any adverse action against any individual without further investigation to verify the death listed. Therefore, Berwyn Group cannot guarantee that the result it delivers is always accurate and current. Berwyn Group is committed to provide the best information available, using its proprietary algorithms to make this determination.

Site Availability: The Site may be temporarily unavailable from time to time for maintenance or other reasons. Berwyn Group assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failures, theft or destruction or unauthorized access to, or alteration of, user communications. Berwyn Group is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failures on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or any other person’s computer related to or resulting from accessing or downloading materials in connection with the Site. Under no circumstances will Berwyn Group be responsible for any loss or damage resulting from anyone’s use of the Site. Berwyn Group reserves the right to change any and all content contained in the Site and any services offered through the Site at any time without notice.

No Warranty; Limitation of Liability: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BERWYN GROUP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESEPCT TO THE DATABASE, ACCESS TO THE DATABASE OR THE ACCURACY OF THE INFORMATION CONTAINED IN THE DATABASE. CUSTOMER AGREES TO HOLD BERWYN GROUP HARMLESS FROM ANY CLAIMS MADE AGIANST CUSTOMER IN LAW OR IN EQUITY, OR DAMAGES IT MAY INCUR AS A RESULT OF THE INACCURACY OF SUCH INFORMATION. YOUR USE OF THE SITE AND THE SERVICE PROVIDED THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BERWYN GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BERWYN GROUP BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUINTIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification: The account holder and/or the organization he/she represents agrees to indemnify and hold harmless Berwyn Group, its employees, site manager, legal representatives, independent contractors, and all related parties from any claim or loss, including legal fees and damages, filed by a third party resulting from the service User’s negligence, conduct and inappropriate use of the information provided by this site’s service.

Restricted Use: You shall not use the data provided by Berwyn Group hereunder for any purpose that is unlawful or would violate any obligation of privacy. Individual death records obtained through published obituaries are public and may be shared within the customer’s organization. However, database searches may not be performed for, nor may the lists or other information resulting from such searches be shared, sold or otherwise transmitted or transferred to any other entity, individual or business outside of customer’s organization.

Compatibility: You acknowledge and agree that Berwyn Group, regardless of the device chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

Non-Exclusive Provision of Services: You acknowledge and agree that the services provided by Berwyn Group are non-exclusive and that nothing herein shall restrict Berwyn Group from providing the services hereunder to any other individual and/or entity.

Site Policies, Modification, and Severability: We reserve the right to make changes to our Site, policies, and these Term and Conditions of Use at any time. You agree that Berwyn Group has no responsibility or liability for the deletion or failure to store any submissions, regardless of form or type, placed on, maintained, or transmitted by the Site. Berwyn Group also reserves the right to deny access to the Site, or any features thereof, to anyone who violates these Terms and Conditions of Use or who, in Berwyn Group’s sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. If any of the Terms and Condition of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Condition of Use.

Independent Entities: The parties are acting as separate and independent entities and neither is an agent or employee of the other, and no interpretation of any agreements among Berwyn Group or the customer shall cause either to be responsible to any third party for the acts, omission or products of the other party.

Revision Date: April 10, 2015

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