Welcome to My Final Resting Place™. These Terms of Use (“Terms”) govern your access to and use of the My Final Resting Place™ website, platform, applications, features and related services (collectively, the “Services”).
My Final Resting Place™ is operated by The Memorial Collective Inc. (“The Memorial Collective,” “we,” “us,” or “our”).
By accessing or using the Services, creating an account, or purchasing a paid plan, you agree to these Terms. If you do not agree, please do not use the Services.
1. About My Final Resting Place™
My Final Resting Place™ allows individuals and organizations to create and maintain records associated with final resting places and memorials.
Depending on the features and plan available to you, the Services may allow you to record information such as GPS coordinates, cemetery and plot information, scattering locations and other meaningful resting places, as well as photographs, biographical information, stories and other memorial content.
The Services are intended to help preserve and share this information. They are not an official cemetery, land registry, government, legal or vital-statistics record.
2. Eligibility and Accounts
You must be legally capable of entering into an agreement to create an account or purchase a paid Service.
You are responsible for providing accurate account information, maintaining the confidentiality of your login credentials, and all activity occurring through your account.
You must notify us promptly if you believe your account has been accessed without authorization.
3. Memorials and Resting-Place Information
You are responsible for the information you submit to My Final Resting Place™, including names, dates, photographs, stories, GPS coordinates, cemetery information, plot details, scattering locations and other memorial information.
You agree to provide information that you reasonably believe to be accurate and that you have the right or appropriate authority to provide.
My Final Resting Place™ does not independently verify every resting-place location, GPS coordinate, memorial record or other piece of information submitted by users.
4. Location Information
Location information is a central feature of My Final Resting Place™.
GPS coordinates and other location information may be affected by device accuracy, mapping services, environmental conditions, information entered by users and other factors outside our control.
You should not rely on My Final Resting Place™ as the sole official record of a burial plot, property boundary, cemetery record or other legally significant location.
Where appropriate, users should retain official cemetery, funeral home, government or property records separately.
5. User Content
You retain ownership of content you submit to the Services.
By uploading or submitting content, you grant The Memorial Collective a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and otherwise process that content as reasonably necessary to operate, maintain and provide the Services.
You represent that you have the necessary rights or permissions to submit the content and allow us to use it for these purposes.
You must not upload content that is unlawful, infringing, fraudulent, abusive, defamatory, intentionally misleading, or that violates another person's intellectual property, privacy or other rights.
6. Privacy and Visibility
Some information within My Final Resting Place™ may be private, shared with selected people or otherwise made available according to the privacy and sharing options offered through the Services.
You are responsible for considering the privacy of living individuals before including their personal information in a memorial.
Our collection and handling of personal information is further described in our Privacy Policy.
7. Plans and Payments
My Final Resting Place™ may offer free and paid plans, including subscription and one-time-payment options.
Prices, included features and billing periods are shown when you purchase a plan. Applicable taxes may be added where required.
For recurring subscriptions, you authorize us and our payment provider to charge the applicable fees at the beginning of each billing period until the subscription is cancelled.
You may cancel a recurring subscription in accordance with the cancellation options available through your account. Cancellation prevents future renewal charges but does not necessarily result in a refund of amounts already paid.
8. Forever Plans
Where offered, a Forever plan is purchased through a one-time payment rather than a recurring subscription.
“Forever” describes the intended long-term nature of the plan and does not constitute a guarantee that the Services, technology, company or particular features will exist indefinitely or without change.
We may modify, replace or discontinue technologies or features where reasonably necessary to maintain, secure or evolve the Services. We will make reasonable efforts to preserve the core purpose of paid long-term memorial records.
9. Organizations
Funeral homes, cemeteries, memorial parks and other organizations may be provided access to organizational features.
Organizations are responsible for ensuring that their staff and authorized users use the Services appropriately and that they have the necessary authority, consent or other lawful basis to create memorial records and submit information on behalf of families or other individuals.
Additional agreements or terms may apply to organizational accounts.
10. Acceptable Use
You may not use the Services to:
- violate applicable law or another person's rights;
- impersonate another person or organization;
- knowingly submit fraudulent or materially false information;
- upload malicious software or interfere with the security or operation of the Services;
- attempt to gain unauthorized access to accounts, systems or data;
- scrape, harvest or systematically extract information without authorization; or
- use the Services in a manner that could harm The Memorial Collective, our users or third parties.
We may restrict or suspend access where reasonably necessary to protect users, the Services or others.
11. Third-Party Services
The Services may rely on or integrate with third-party services, including mapping, location, hosting, payment and other technology providers.
We are not responsible for third-party services that we do not control, and their availability, accuracy and functionality may be governed by their own terms and policies.
12. Intellectual Property
My Final Resting Place™, The Memorial Collective™, our logos, branding, website design, software and other proprietary materials are owned by or licensed to The Memorial Collective Inc. and are protected by applicable intellectual property laws.
These Terms do not transfer ownership of our intellectual property to you.
13. Service Availability and Changes
We work to keep My Final Resting Place™ available and reliable, but we cannot guarantee uninterrupted or error-free access.
Services may occasionally be unavailable because of maintenance, upgrades, technical failures, third-party services or circumstances outside our reasonable control.
We may update or modify the Services over time, including to improve functionality, security or compatibility.
14. Account Suspension or Termination
You may stop using the Services at any time.
We may suspend or terminate access where a user materially violates these Terms, misuses the Services, creates security or legal risk, or where suspension is otherwise reasonably necessary to protect the Services or other users.
Where reasonably possible, we will consider the nature of memorial content and the interests of affected families when addressing account termination or long-term memorial records.
15. Disclaimers
The Services are provided on an “as available” basis to the extent permitted by applicable law.
While we aim to provide reliable tools for preserving resting-place and memorial information, we do not guarantee the accuracy of user-submitted information, GPS coordinates, maps, directions or third-party data.
Nothing in the Services constitutes legal, funeral, cemetery, estate-planning or other professional advice.
16. Limitation of Liability
To the fullest extent permitted by applicable law, The Memorial Collective Inc. will not be liable for indirect, incidental, special, consequential or punitive damages arising from or related to your use of the Services.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
17. Changes to These Terms
We may update these Terms periodically to reflect changes to the Services, our business practices or applicable requirements.
When appropriate, we will update the “Last Updated” date and provide additional notice of material changes.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
18. Governing Law
These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles, subject to any mandatory consumer-protection rights that apply in your jurisdiction.
19. Contact Us
Questions about these Terms can be directed to:
The Memorial Collective Inc.
My Final Resting Place™