Terms of Use

These Terms of Use govern your access to and use of the website located at https://thevaledictory.com and any related content, features, or services (collectively, the “Website”) provided by The Valedictory (“The Valedictory,” “we,” “us,” or “our”). The Website is designed to provide information and resources related to funeral care, funeral needs, and funeral questions.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

The Website is intended for individuals who have reached the age of majority in their place of residence and who have the legal capacity to enter a binding agreement. By using the Website, you represent that you meet these requirements. If you are arranging services or submitting information on behalf of another person or family, you confirm that you are authorized to do so.

1. Changes to These Terms

We may update, revise, or replace these Terms at any time in our sole discretion. Any changes take effect upon posting and will apply to all subsequent use of the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. Please check this page periodically to stay informed about updates.

2. Access to the Website and Account Security

We may modify, suspend, or discontinue any part of the Website without notice. We will not be liable if all or any portion of the Website is unavailable at any time. We may restrict access to some areas of the Website, or the entire Website, at our discretion.

If you create an account or are provided with login credentials, you must keep them confidential and not share them with anyone else. You are responsible for all activity that occurs under your credentials. Notify us promptly of any suspected unauthorized access or security breach and ensure you log out at the end of each session. We may disable any account or credentials at any time for any reason, including suspected violations of these Terms.

3. Intellectual Property

The Website and all content and materials available through it (including text, images, audio, video, graphics, design, software, and the arrangement thereof) are owned by The Valedictory or our licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.

We grant you a limited, revocable, non-transferable license to access and use the Website for your personal, non-commercial use. Except as permitted below, you may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit materials from the Website without our prior written permission.

  • Your device may temporarily store materials in RAM as part of normal browsing.
  • Your web browser may cache files to improve display and performance.
  • You may print or download a reasonable number of pages for personal, non-commercial use, provided you do not remove proprietary notices or further reproduce, distribute, or exploit the content.

You must not modify copies of any materials; use images, audio, or video separately from accompanying text; or remove or alter any copyright, trademark, or proprietary notices. No right, title, or interest in the Website or its contents is transferred to you.

4. User Contributions

The Website may offer areas where users can post content such as memorial messages, condolences, tributes, reviews, questions, or other submissions (“User Contributions”). All User Contributions must comply with these Terms and the Content Standards below. User Contributions are considered non-confidential and non-proprietary.

By posting User Contributions, you grant The Valedictory and our service providers a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable, and non-exclusive license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content for any lawful purpose related to the Website and our services.

You represent and warrant that: (a) you own or have the necessary rights to your User Contributions and to grant the license above; and (b) your User Contributions comply with these Terms. You are solely responsible for the legality, accuracy, and appropriateness of your submissions. We are not responsible for, and do not endorse, User Contributions posted by any user.

5. Content Standards

Given the sensitive nature of funeral-related content, User Contributions must be respectful and comply with all applicable laws and regulations. Without limitation, User Contributions must not:

  • Contain defamatory, obscene, indecent, harassing, hateful, violent, discriminatory, or otherwise objectionable material.
  • Include sexually explicit content or encourage violence, illegal activity, or discrimination based on protected characteristics.
  • Infringe any intellectual property rights, privacy rights, or publicity rights of others.
  • Disclose private, sensitive, or personally identifiable information about deceased persons or their families without clear authorization.
  • Be deceptive, misleading, or likely to cause undue distress or alarm.
  • Impersonate any person or entity, misrepresent your affiliation, or otherwise mislead as to the source of content.
  • Contain commercial promotions, advertising, contests, or solicitations not expressly authorized by us.
  • Imply endorsement by The Valedictory where none exists.

6. Monitoring, Moderation, and Termination

We may, at our discretion and without notice: (a) remove or refuse to post any User Contributions; (b) take action we deem appropriate if content may violate these Terms, infringe rights, threaten safety, or create liability; (c) disclose your identity or information to third parties or authorities when legally required or appropriate to address rights violations or safety concerns; (d) pursue legal remedies for unlawful or unauthorized use of the Website; and (e) suspend or terminate your access to all or part of the Website for any reason. We may cooperate with law enforcement and comply with court orders regarding activity on the Website.

7. Information on the Website

Content on the Website is provided for general informational purposes related to funeral care, planning, customs, and related topics. We do not guarantee that the information is complete, current, or free of errors, and your reliance on it is at your own risk. Content provided by third parties reflects their views alone. The Website does not provide legal, medical, mental health, or financial advice. For guidance specific to your situation, consult a qualified professional or licensed funeral director.

8. Disclaimer of Warranties

The Website and all content and services are provided “as is” and “as available.” To the fullest extent permitted by law, The Valedictory disclaims all warranties, express or implied, including any warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not warrant that the Website will be error-free, secure, uninterrupted, or that defects will be corrected, or that the content will be accurate or reliable.

Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions apply to the maximum extent permitted by law.

9. Limitation of Liability

To the fullest extent permitted by law, The Valedictory, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or use, arising out of or related to your use of (or inability to use) the Website or any linked site, whether based in contract, tort (including negligence), strict liability, or otherwise, even if foreseeable. Our total liability for any claim related to the Website will not exceed the amount you paid (if any) to access the Website during the three months preceding the event giving rise to the claim.

Certain laws do not allow limitation of liability for personal injury or for some damages. If those laws apply, some or all of the above limitations may not apply to you, and our liability will be limited to the extent required by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless The Valedictory, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website; (b) your User Contributions; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

11. Governing Law; Forum; Arbitration Overview

These Terms and any dispute or claim arising out of or relating to them or the Website are governed by the internal laws of the State of Michigan, without regard to conflict-of-law rules. Except as otherwise provided below, any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in Michigan or, at the arbitrator’s discretion, remotely by video conference. The arbitrator has exclusive authority to resolve disputes regarding the interpretation, applicability, scope, enforceability, or formation of these Terms. Judgment on the arbitration award may be entered in any court with jurisdiction.

Each party will bear its own attorneys’ fees and costs and will share equally the arbitrator’s fees and administrative expenses unless the arbitrator determines otherwise. You agree to waive the right to a jury trial and to participate in a class, collective, or representative proceeding to the maximum extent permitted by law.

12. Arbitration

At our sole discretion, we may require that any dispute arising from or related to these Terms or your use of the Website be submitted to final and binding arbitration under the rules of the American Arbitration Association applying Michigan law. This section is intended to be broadly interpreted and to survive termination of these Terms.

13. Time Limit to Bring Claims

Any claim or cause of action arising out of or related to these Terms or the Website must be filed within one (1) year after it accrues, or it is permanently barred.

14. Waiver and Severability

No waiver of any term or condition is a continuing waiver or a waiver of any other term. Any failure to enforce a provision shall not constitute a waiver of that or any other provision. If any provision is determined to be invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other policies posted on the Website, constitute the entire agreement between you and The Valedictory regarding the Website and supersede all prior and contemporaneous agreements, understandings, or communications concerning the Website.

16. Contact; Notices of Infringement

To contact us for any reason related to the Website, including notices of alleged copyright infringement, feedback, support requests, or other communications, please use our contact page: contact us. All communications regarding the Website must be submitted through this page.