TERMS & CONDITIONS FOR USE OF NATIONAL DIRECTORY OF MORTICIANS Inc.,
Red Book Online Funeral Directory
By submitting a search for a funeral home and/or funeral industry company, The National Directory of Morticians, herein referred to as NDM and/or its list Broker, and you herein after referred to as Customer, agree to the following terms and conditions.
Customer agrees not to sell, lease, lend or otherwise distribute any part or in any format of the information provided by NDM to any other individual or entity.
NDM grants Customer, nontransferable and nonexclusive license to possess and use of information provided by NDM Inc. for Customer's own purposes.
Customer understands it is an express condition of this Agreement that in using the NDM Information that any use of said Information that competes with NDM, including but not limited to electronic, paper, telephonic, mail list and/or rental services, will result in legal prosecution to the fullest extent and to include but not limited to Penalties for Unauthorized Use paragraph.
Except to the extent specifically authorized in writing by NDM, Customer cannot share, sell or otherwise distribute the NDM Information and Customer is responsible to NDM for any unauthorized use of information. Customer agrees and warrants that: a) Customer will not provide access to any portion of the NDM information to any unauthorized party without the prior written consent of NDM; b) Customer shall use best efforts to prevent the misuse and unauthorized use of the NDM information; c) Customer shall not name NDM or its affiliated companies or refer to the use of NDM information in any advertisements, promotional or marketing material; and d) Customer shall indemnify and hold harmless NDM, its affiliated companies and their respective officers, employees and agents ("Indemnified Parties") against any loss, liability, damage, cost or expense (including, but not limited to, reasonable attorneys' fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in any way related to Customer use of the NDM Materials or the breach of this Agreement.
For each unauthorized use or distribution mentioned in the preceding paragraphs of any information furnished under this agreement, Customer agrees to pay, but is not limited to paying, NDM an amount equal to NDM normal Electronic Mailing Label charges at the time of such use, plus a 1000% penalty payment, plus any and all moneys collected by the Customer for the unauthorized use. Customer further agrees to reimburse NDM for all damages, court costs and attorney's fees incurred in obtaining relief and/or compensation for unauthorized use of any labels by Customer and/or to any parties the Customer distributed. For all other breaches of this agreement by Customer, The National Directory of Morticians shall have all remedies afforded by applicable law.
All information is taken by Customer as is and NDM MAKES NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE regarding information or counts.
NDM makes no warranty on its information and Customer agrees to be responsible for determining that all information provided by NDM is sufficiently accurate for Customer's use.
This policy may be amended from time to time at the sole discretion of NDM.
This Agreement shall be governed and construed by the laws of the State of Ohio, United States of America without regard to any conflicts of law principles. Additionally, any action relating to any provision of this Agreement or Customer use of NDM Labels shall be in a court located within Geauga County, Ohio, United States of America.
THE NATIONAL DIRECTORY OF MORTICIANS, Inc.
P.O. BOX 73 ~ CHAGRIN FALLS, OHIO 44022 (440) 247-3561 FAX (440) 247-0164