Terms and Conditions (Outside California)

Effective Date: September 8, 2025

1. General Provisions and Your Acceptance

These terms constitute a legally binding agreement between you and Bayer Cemetery Brokers (“the Company,” “we,” or “us”). Collectively, these provisions are known as the “Terms of Service” and they govern your use of our website, https://www.bayercemeterybrokers.com, and its related services (the “Website”).

By using our Website, you confirm that you have read, understood, and agree to be bound by these Terms of Service. You also agree to our Privacy Policy, found at https://www.bayercemeterybrokers.com/privacy-policy, which is incorporated into this document by reference. If you do not agree to these terms, you must not use the Website.

This Website is intended for individuals who are 16 years of age or older. By using the Website, you represent that you are of legal age to enter into a contract with the Company. If you do not meet these requirements, you are not permitted to use the Website.

2. Our Purpose and Disclaimer of Legal Responsibility

The Website functions as an online marketplace to connect sellers and buyers of cemetery property. The Company is a licensed cemetery broker in the State of California. Outside of California, our role is limited to providing a classified listing service.

It is critical to understand that these Terms of Service apply only to our classified listing services. They do not apply to the brokerage services we provide within California, which are governed by a separate client services agreement. For our classified listing services, the Company does not buy or sell any of the cemetery property listed on the Website. We do not provide financial, legal, or other professional advice. Using our Website is not a substitute for the services of a qualified professional.

All agreements for the sale or purchase of cemetery property through the classified listing service are exclusively between the buyer and seller. The Company is not a party to these transactions and bears no responsibility for the sale of any property. We assume no liability related to any transaction arising from your use of the classified listing services on the Website.

3. Modifications to this Agreement

We reserve the right to revise and update these Terms of Service at our sole discretion. Any changes will be effective immediately upon being posted on the Website.

Your continued use of the Website after we post updated terms means that you accept and agree to the changes. You are responsible for checking this page periodically to remain aware of any revisions, as they are binding on you.

4. Website Access, Account Security, and Content

We may update the Website’s content, though it is not guaranteed to be complete or current. We reserve the right to modify, suspend, or terminate the Website or any of its services without notice. We will not be liable if the Website is unavailable at any time. We may, at our discretion, restrict access to any part of the Website, including for registered users.

You are responsible for making all arrangements to access the Website and for ensuring that anyone who uses the Website through your internet connection is aware of and complies with these Terms of Service.

To access certain features, you may need to provide registration details. By using the Website, you agree that all information you provide is accurate, current, and complete. All information you provide is subject to our Privacy Policy.

If you are provided with a user name, password, or other security information, you must treat it as confidential. You must not share it with any other person or entity. You agree that your account is for your personal use and will not allow others to access the Website using your credentials. You must notify us immediately of any unauthorized use of your account or security breach.

We have the right to disable any user account or identifier at our sole discretion, for any reason, including if we believe you have violated these Terms of Service.

5. Your Intellectual Property and Prohibited Conduct

Intellectual Property Rights: The Website and all its contents (including software, text, images, and audio) are owned by the Company, its licensors, or other providers and are protected by intellectual property laws.

You are granted a limited, non-commercial license to use the Website for your personal use only. You must not reproduce, distribute, or modify any material from the Website, except for temporary storage in RAM or browser cache, or printing a single copy for personal use.

You must not:

• Modify copies of any materials from the site.
• Use any graphics, photos, or audio separately from the text.
• Remove or alter any proprietary notices from materials on the site.

Any use of the Website for commercial purposes is strictly prohibited. If you wish to use any material outside the scope of this section, please contact us at [email protected].

Prohibited Conduct: You must use the Website only for lawful purposes. You agree not to:

• Violate any applicable federal, state, or local law.
• Harm minors or expose them to inappropriate content.
• Transmit unsolicited promotional material (“spam”).
• Impersonate any person or misrepresent your identity.
• Engage in any conduct that harms the Company or other users.
• Use any automated device (e.g., “robot” or “spider”) to access the Website without our consent.
• Introduce any malicious or technologically harmful material, such as viruses.
• Attempt to gain unauthorized access to the Website or its servers.
• Launch a denial-of-service attack.

6. User-Submitted Content and Its Standards

The Website may contain interactive features that allow you to post content (“User Submissions”). All User Submissions must comply with these Content Standards and all applicable laws.

Any content you post will be considered non-confidential. By posting content, you grant us the right to use, reproduce, and distribute the material. You are solely responsible for your submissions, including their legality and accuracy. We are not liable for any content posted by you or any third party.

Content Standards: User Submissions must not:

• Contain any defamatory, obscene, or hateful material.
• Promote discrimination or violence.
• Infringe on any intellectual property rights of others.
• Violate the privacy rights of others.
• Be deceptive or misleading.
• Promote any illegal activity.
• Involve commercial activities or sales.

7. Enforcement, Termination, and Liability

Enforcement: We have the right to remove any User Submission, take action we deem necessary, disclose your identity to a third party who claims their rights were violated, or take legal action for unauthorized use of the Website.

Termination: If you violate these Terms of Service, we may terminate this agreement immediately. Your right to use the Website will cease immediately. If you are unhappy with the Website, your only remedy is to stop using the services.

Disclaimer of Warranties: We do not guarantee that the Website will be free of viruses or other destructive code. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER DUE TO YOUR USE OF THE WEBSITE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF THE WEBSITE OR ANY LINKED WEBSITE.

Indemnification: You agree to defend and hold harmless the Company and its affiliates from any claims, liabilities, or costs (including attorneys’ fees) arising from your violation of these Terms of Service.

8. Governing Law and Dispute Resolution

Governing Law and Jurisdiction: All matters related to the Website and these Terms of Service are governed by the laws of the State of California. Any legal action shall be filed exclusively in the state or federal courts located in California.

Arbitration: At our sole discretion, we may require you to submit any disputes to final and binding arbitration in accordance with the rules of the American Arbitration Association, applying California law.

Time Limitation for Claims: ANY CLAIM YOU HAVE ARISING FROM THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES.

9. Final Provisions

Waiver and Severability: Our failure to enforce any term does not constitute a waiver of that term. If any provision is found to be invalid, the remaining provisions will remain in effect.

Entire Agreement: These Terms of Service and our Privacy Policy constitute the entire agreement between you and the Company regarding the Website.

Contact Us: The Website is operated by Bayer Cemetery Brokers. For any questions or support, please contact us at [email protected].