Please read these Terms and Conditions (the “Terms” or “Terms and Conditions”) before using the Coraldigital.io website (the “Website”) operated by Coral Digital, LLC, a Florida Limited Liability Corporation d/b/a Coral Digital, LLC (“us”, “we”, “our”, “Coral Digital”) as these Terms govern your use of our website located at Coraldigital.io (the “site”) and the services we make available to you via said site. These Terms also contain important information regarding limitations of our liability.
1. Agreement to Terms. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users, and any others, who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website and should cease to do so immediately.
3. Who May Use the Coral Digital’s Services?
a. Eligibility. You must be eighteen (18) years of age and not barred from using the Services under applicable law. You may not use or view this site if you are the owner, employee, independent contractor, agent, or any individual acting at the direction of a direct competitor of Coral Digital.
b. Account Creation and Your Information. Certain users of the Site may want to create an account. It is important that you provide accurate, complete, and up-to-date information for your account and you agree to update your information to keep it accurate and complete. If you fail to keep your information, up-to-date and accurate we may terminate your account without notice. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. To set up an account with us, you must provide your name, email address and a password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to terminate accounts in our sole discretion.
4. Third-Party Sites and Services
a. Links to Third-Party Sites. This Website may contain hyperlinks to websites operated by parties other than Coral Digital. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of said websites. Furthermore, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
b. Third-Party Services. Some aspects of our Services may be provided directly to you by a third-party service provider in which case you may have to enter into a separate agreement with said third-party provider in order to use their provided features.
c. Third-Party Affiliate Programs. We are participants in several affiliate programs. This list may change from time-to-time, for an up-to-date list please email zach@Coraldigital.io.
i. Other Third Parties. We are always trying to find ancillary services that may help you plan funeral arrangements.
ii. We may join other affiliate programs from time-to-time, without giving notice.
5. Payments and Refund Policy
a. Payments. We or third-party service providers may offer services or products for sale. You represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information. When you initiate a transaction, you authorize us to provide your payment information to third parties so that your transaction can be processed (plus applicable taxes and other charges). If you initiate a transaction involving goods for delivery, shipping information and other terms necessary to complete the transaction will be communicated to you before the transaction is finalized.
6. Availability, Errors, and Inaccuracies. We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any errors on our Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose. All such information, products, and services are provided “as is” without warranty of any kind. Coral Digital. disclaims all warranties and conditions that this Website, its servers or any email sent from Coral Digital are free of viruses or other harmful components. Coral Digital hereby disclaims all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
7. General Prohibitions. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any user content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to a civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threating to any person or entity; or, (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror or frame the services or any individual element within the services, Coral Digital’s name, any Coral Digital logo, trademark or other proprietary information, or the layout and design of any page or form contained on a page, without Coral Digital’s express written consent;
c. Access, tamper with, or use non-public areas of the services, Coral Digital’s computer systems, or the technical delivery systems of Coral Digital’s providers;
d. Attempt to probe, scan or test the vulnerability of any Coral Digital system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Coral Digital or any of Coral Digital’s providers or any other third party (including another user) to protect the services;
f. Attempt to access or search the services or download content from the services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Coral Digital or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden texts or metadata utilizing a Coral Digital trademark, logo URL or product name without Coral Digital’s express written consent;
i. Use the services or content, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms;
j. Forge TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the service to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, or reverse engineer any of the software used to provide the services;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the services.
m. Collect or store any personally identifiable information from the services from other users of the services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable U.S. state or federal law or regulation; or,
p. Encourage or enable any other individual to do any of the above.
8. No Warranties. Coral Digital does not give any warranty to the purchase of any merchandise. They shall be solely responsible for the quality and correctness of the merchandise or services.
9. Independent Contractors. The relationship of all third-party service and merchandise providers to Coral Digital is that of an independent contractor, and neither said providers, nor any employee of providers will be deemed to be an agent, employee, or representative of Coral Digital.
10. Intellectual Property. All contents of this Website are Copyrighted by Coral Digital, LLC. All rights reserved. Coral Digital, www.Coraldigital.io, and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Coral Digital, and are either registered trademarks or trademarks of Coral Digital in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Coral Digital is not responsible for content on websites operated by parties other than Coral Digital.
Section 9: Contests, Sweepstakes and Promotions
Section 11: Termination
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you must contact us at zach@Coraldigital.io.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Section 12: Indemnification
In no event shall Coral Digital, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content; or, (v) any acts or omissions by the funeral home (or other providers), whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Coral Digital is not responsible or liable for the performance or execution or failure to perform or execution of any services and merchandise.
In no event shall Coral Digital be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Coral Digital has been advised of the possibility of such damages.
If, despite the limitation above, Coral Digital is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Coral Digital will in no event exceed the service fee(s) you paid to Coral Digital in connection with such transaction(s) on this Website.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Coral Digital.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between you and us regarding the Website. In the case that you are a provider and you have executed the Funeral Provider Agreement, then the Funeral Provider Agreement will control if there are any discrepancies or omissions.
Dispute Resolution and Venue
Any controversy or claim arising out of or relating to these Terms including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Miami-Dade County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least five (5) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of Terms and Conditions. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. The non-prevailing party shall pay all arbitration fees of the prevailing party. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms, please contact us at zach@Coraldigital.io.