Effective date: July 18, 2026 · Last updated: July 18, 2026
These Terms of Service (the "Terms") govern your access to and use of the cemetery digitization, imaging, and hosted portal services (the "Service") provided by Newgrange Memorial LLC, a California limited liability company ("Newgrange Memorial," "we," "us," or "our"). By accessing or using the Service, or by authorizing us to begin work, you (the "Client," "you," or "your") agree to be bound by these Terms. If you enter into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
The specific scope, deliverables, timelines, and fees for each engagement are set out in the order form or statement of work you execute with us (the "Order Form"), which forms part of these Terms. In the event of any conflict, the Order Form controls for that engagement.
The Service has two components, which may be purchased together or separately:
We may update, improve, or modify the Service and its features from time to time.
You agree not to:
You acknowledge and agree that we use artificial-intelligence and machine-learning systems as an ordinary part of delivering the Service, including:
Some AI processing is performed using third-party AI service providers, to whom your materials are transmitted and handled under their applicable commercial terms. We use providers whose standard commercial terms do not use submitted content to train their general models and that offer appropriate data-handling protections, and we will not authorize the use of your materials to train third-party models. We do not control the independent practices of third-party providers.
Fees for each engagement — including any one-time digitization fee and any recurring portal fee — are set out in your Order Form and are exclusive of applicable taxes. Except as expressly stated, fees are non-refundable once the corresponding work has been performed. Payment timing, billing frequency, and any late-payment terms are as stated in your Order Form.
We process your materials and the personal information in the records solely to provide the Service, and maintain reasonable administrative, technical, and physical safeguards designed to protect them. The records may include information about deceased individuals and, in some cases, living plot owners or next of kin; each party will comply with applicable California privacy laws in handling such information. We will notify you without undue delay after becoming aware of a confirmed security breach affecting your data in our control. Our handling of personal information is described in our Privacy Policy.
Each party may receive confidential information from the other and will use it only to perform under these Terms and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party, and does not prevent disclosure required by law with reasonable notice where permitted.
We warrant that we will perform the Service in a professional and workmanlike manner. Except as expressly stated, the Service, deliverables, and portal are provided "as is" and "as available," and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI-assisted output or digitized records are complete, accurate, or error-free, or that the portal will be uninterrupted.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total aggregate liability arising out of or relating to these Terms will not exceed the fees you paid us in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to a party's indemnification obligations, breach of confidentiality, or liability that cannot be limited under applicable law.
You agree to indemnify and hold us harmless from claims arising out of the materials and records you provide, your use of the Service, or your violation of these Terms or applicable law.
These Terms begin on the effective date and continue for the term stated in your Order Form, renewing as specified there. Either party may terminate for the other's material breach that remains uncured thirty (30) days after written notice. On termination, and provided your account is current, we will make your deliverables available for export in a portable, machine-readable format for a reasonable period before deletion, subject to legal retention requirements and routine backups. Provisions that by their nature should survive — including ownership, confidentiality, disclaimers, limitations of liability, and accrued payment obligations — survive termination.
With your prior written consent (which may be given in the Order Form), we may identify you as a customer and use non-sensitive imagery and a description of the project in our marketing materials, demonstrations, and portfolio. You may withdraw this consent prospectively on written notice.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. The parties will first attempt to resolve any dispute informally and in good faith before pursuing litigation.
We are an independent contractor; nothing here creates a partnership, joint venture, or agency relationship. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets, on notice. These Terms, together with any Order Form, are the entire agreement between the parties on this subject and supersede prior discussions; changes to an engagement must be in writing. If any provision is unenforceable, the rest remain in effect, and a party's failure to enforce a provision is not a waiver.
We may update these Terms from time to time. We will post the revised version here and update the "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance.
Questions about these Terms can be sent to info@newgrangememorial.com.