TERMS OF USE
Last updated April 18, 2025
1. Agreement to Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Davies Cremation & Burial Services (“Company,” “we,” “us” or “our”), governing your access to and use of https://www.daviescremationburial.com and any related media form, channel, mobile site or application (collectively, the “Site”).
By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site immediately.
Supplemental terms, policies, or documents posted on the Site from time to time are incorporated herein by reference. We may modify these Terms at any time; the “Last updated” date will reflect the most recent changes. Your continued use of the Site after such changes constitutes acceptance of the revised Terms.
The Site is intended for users aged 13 or older. Minors (generally under 18) must have a parent or guardian read and agree to these Terms on their behalf.
2. Intellectual Property Rights
Unless otherwise indicated, the Site, its content (text, graphics, software, audio, video, designs, databases) and the Company’s logos, service marks and trademarks (collectively, “Content” and “Marks”) are our proprietary property or licensed to us, protected by U.S. and international intellectual‑property laws.
You are granted a limited, personal, non‑transferable license to access and use the Site and to download or print portions of the Content solely for your non‑commercial, personal use. No other right, title or interest is transferred to you. Any use of the Site, Content or Marks not expressly permitted by these Terms is prohibited.
3. User Representations
By using the Site, you represent and warrant that:
- All information you submit is true, accurate, current and complete, and you will keep it so.
- You have legal capacity and agree to comply with these Terms.
- You are at least 13 years old.
- You will not access the Site through automated means (bot, script, scraper, etc.).
- You will not use the Site for any unlawful or unauthorized purpose.
- Your use of the Site complies with all applicable laws and regulations.
If any information you provide is untrue or incomplete, we may suspend or terminate your account and refuse current or future use of the Site.
4. User Registration
You may be required to register an account. You are responsible for safeguarding your password and all activity that occurs under your credentials. We may reclaim or change any username that we deem inappropriate.
5. Prohibited Activities
You may use the Site only for its intended purpose. You agree not to:
- Systematically retrieve data or content to create or compile, directly or indirectly, a collection, compilation, database, or directory.
- Trick, defraud or mislead us or other users, especially in an attempt to learn sensitive account information.
- Circumvent, disable or interfere with security‑related features.
- Engage in unauthorized framing or linking to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other malicious material.
- Use the Site to advertise or offer to sell goods or services without our written approval.
- Harass, abuse, intimidate, threaten or violate the legal rights (including privacy and publicity) of others.
- Use any automated system (spider, robot, cheat utility, scraper) to access the Site.
- Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.
We reserve the right to terminate your use of the Site for violating any prohibited activity.
6. User‑Generated Contributions
The Site may allow you to post content (collectively, “Contributions”). By posting, you grant us an unrestricted, perpetual, royalty‑free license to use, display, reproduce, distribute and otherwise exploit your Contributions in any media now known or hereafter developed. You retain ownership of your intellectual property but waive all moral rights.
You represent that your Contributions:
- Do not infringe any third‑party rights.
- Are accurate, non‑misleading and lawful.
- Are not obscene, hateful, harassing, violent or otherwise objectionable.
- Do not constitute unsolicited promotions, spam or advertising.
- Comply with these Terms and all applicable laws.
We have no obligation to monitor Contributions but may edit, remove or re‑categorize them at our discretion.
7. Submissions
Any feedback, ideas or suggestions (“Submissions”) you provide become our sole property. We may use them without acknowledgment or compensation to you.
8. Third‑Party Websites & Content
The Site may link to third‑party websites or display third‑party content. We do not endorse or control these external resources and are not responsible for any loss or damage arising from your use of them. Access third‑party sites at your own risk and review their terms and policies.
9. Advertisers
Advertisers are solely responsible for the content of their advertisements and any services or products offered. We merely provide the space for such ads.
10. Site Management
We reserve the right to (1) monitor the Site for violations; (2) take legal action against violators; (3) remove or restrict content that burdens our systems; and (4) otherwise manage the Site to protect our rights and property.
11. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at https://www.daviescremationburial.com/privacy-policy. By using the Site, you consent to all actions taken regarding your information in compliance with the Privacy Policy. The Site is hosted in the United States; if you access it from outside the U.S., you transfer your data to the U.S.
12. Copyright Infringement
If you believe material on the Site infringes your copyright, please send a written notice (a “Notification”) to the address in Section 23. Misrepresentations may expose you to liability.
13. Term & Termination
These Terms remain in effect while you use the Site. We may deny or terminate access to the Site (and delete your account, if any) at our sole discretion, without notice or liability, for any reason, including breach of these Terms.
14. Modifications & Interruptions
We may modify, suspend or discontinue the Site (or any part) at any time without notice. We will not be liable for any downtime, loss or inconvenience caused by modification or interruption.
15. Governing Law
These Terms are governed by the laws of the State of Washington, USA, without regard to conflict‑of‑law principles. You and the Company consent to exclusive jurisdiction and venue in the state and federal courts located in Clark County, Washington.
16. Dispute Resolution – Binding Arbitration
Any dispute arising out of or relating to these Terms shall be finally resolved by one (1) arbitrator under the rules of the International Commercial Arbitration Court of the European Arbitration Chamber. The seat of arbitration shall be Vancouver, Washington, USA. Proceedings will be conducted in English. Nothing herein prevents either party from seeking injunctive relief in court for intellectual‑property or privacy rights violations.
Class‑action arbitration is not permitted; disputes must be brought on an individual basis.
17. Disclaimer
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
18. Limitations of Liability
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THESE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
You agree to defend, indemnify and hold us harmless from any loss, claim or demand (including legal fees) arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) violation of another’s rights; or (5) any harmful act toward another user connected via the Site.
20. User Data
We perform routine backups, but you are solely responsible for all data you transmit or that relates to activities you undertake on the Site. We are not liable for any loss or corruption of such data.
21. Electronic Communications, Transactions & Signatures
You consent to receive electronic communications and agree that electronic signatures, contracts, and records satisfy any legal requirement for written documents.
22. California Users & Residents
If a complaint with us is not resolved, you may contact the California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N‑112, Sacramento, CA 95834, USA, or (800) 952‑5210.
23. Contact Us
Davies Cremation & Burial Services
301 E McLoughlin Blvd, Suite E
Vancouver, WA 98663
United States
Phone: (+1) 360‑693‑1036
Email: james.jackson@dignitymemorial.com
24. Miscellaneous
These Terms and any posted policies constitute the entire agreement between you and us. If any provision is unlawful or unenforceable, that provision is severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or Site use.
By continuing to use the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.