MOURNERSLANE.COM - TERMS OF USE


Terms of Use - Virtual Cemetery

By using the MournersLane.com website (the "Site"), you agree to follow and be bound by these terms of use ("Terms of Use"), and the Privacy Policy which is hereby incorporated into these Terms of Use. In these Terms of Use, the words "you" and "your" refer to each Site visitor or user including, without limitation, third-party website operators who incorporate the Mourner's Lane® software service into their Web sites; "we", "us" and "our" and "Mourner's Lane®" refer to MournersLane.com and 5 Cent Productions LLC, and "Services" refers to all services provided by us.


We may revise these Terms of Use at any time without telling you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to, or cannot comply with, these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at admin@MournersLane.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We use the information we receive about you in connection with the services and features we provide. Such use is governed by this Terms of Use and our Privacy Policy.

1. Who We Are.

Mourner's Lane® acts as  a members-only website featuring technology that enables users to create a virtual cemetery for other bereaved to visit; such virtual cemeteries shall be referred to herein as "communications" and/or "listings". Mourner's Lane® is not directly involved in the communications between its users. Because Mourner's Lane® acts a passive conduit of communication between Mourner's Lane® users, it is, therefore, not responsible for and does not endorse any communications made by such users.

All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned or licensed either by 5 Cent Productions LLC. You agree that Mourner's Lane® is a virtual communications forum and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on MournersLane.com. You use the Mourner's Lane® service at your own risk. Mourner's Lane® does not pre-screen users or the content or information provided by users.

This Site is owned and operated by Mourner's Lane®. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be understood as conferring any license under any of Mourner's Lane®'s or MournersLane.com's intellectual property rights, whether by estoppel, implication or otherwise.

Any rights not expressly granted herein are reserved by Mourner's Lane®.

2. Subscription Fees and Transactions.

We reserve the right to charge fees, including but not limited to subscription and/or licensing fees, for the Services provided on Mourner's Lane®. Please take note that third-party services may be involved in a transaction on the Site (for example: credit card processing gateways), and these other services may have different policies regarding transactions or use of their services.

3. Site Use Policies.

We have these rules in place to help make Mourner's Lane® a safer place for everyone. If your communications or listings do not follow the guidelines, they may be removed, and you may be subject to a range of other actions, including restrictions of your Site use privileges and suspension of your account.

3.1. Prohibited Activities.

When accessing the Site or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any of the following:

  1. Any material that is libelous, defamatory, obscene, pornographic, abusive or threatening. Nor can you do any of the following: defamation, trade libel, unlawfully threat, unlawfully harassment, impersonation or intimidation of any person (including Mourner's Lane® staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
  2. Mailing lists and personal information.
  3. Offensive material and any materials relating to undemocratic political regimes, extremist religious groups, extremist political groups including, ethnically or racially offensive material or Nazi memorabilia. Nor can you advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation.
  4. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  5. Use any robot, spider, scraper or other automated means to access Mourner's Lane® for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Mourner's Lane® Terms of Use or otherwise without Mourner's Lane® prior express written permission.
  6. Take any action that imposes or may impose, in Mourner's Lane®'s sole discretion, an unreasonable or disproportionately large load on Mourner's Lane®'s infrastructure.
  7. Host images not part of a listing.

The following are equally prohibited:

  1. Modify, adapt or hack Mourner's Lane® or modify another website so as to falsely imply that it is associated with Mourner's Lane®.
  2. Appear to create liability for Mourner's Lane® or cause Mourner's Lane® to lose (in whole or in part) the services of Mourner's Lane®'s ISPs or other suppliers.
  3. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Mourner's Lane®.
  4. Be false, inaccurate or misleading.
  5. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also Section 10 below).
  6. Advertise or otherwise solicits funds.

We reserve the right to terminate or delete such material permanently. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

4. Limited Permission to Download.

Mourner's Lane® authorizes you to download, view, copy and print the Materials found on MournersLane.com on any single, stand-alone computer solely for your personal, informational, and internal business use under the following conditions:

  • The copyright and trademark notice appearing below must appear in such Materials,
  • The Materials are not used on any other Web site nor in a networked computer environment, and
  • The Materials are not modified in any way.

If you violate the Terms of Use in any way, this permission may be terminated automatically without warning. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

5. Privacy Policy.

We respect your privacy and give you control over the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here. MournersLane.com's Privacy Policy is expressly incorporated into this Terms of Use. When opening an account with us, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name, a password and a valid email address. If you choose to register, you agree to:

  • Supply the information requested in the registration process,
  • Ensure that all the information you supply is accurate, and
  • Update your personal information.

You are entirely responsible for keeping your password confidential. You may not use a third party's account, user name or password at any time. You agree to immediately contact MournersLane.com in writing regarding any unauthorized use of your account, user name or password. MournersLane.com shall not be liable for any losses you may suffer as a result of someone else's use of your account or password, either with or without your knowledge.

You may be held liable for any losses suffered by MournersLane.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You may be asked to provide personal information in a questionnaire, application, form or similar document in connection with some of our services. Our Privacy Policy set forth how this information is protected.

Additionally, you grant Mourner's Lane® a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. You may cancel this license and terminate Mourner's Lane®'s rights at any time by removing your personal information.

6. Links to Third Party Sites.

This Site and/or the Mourner's Lane® services may contain links to Web sites or otherwise may be featured on Web sites controlled by parties not owned or operated by us (each a "Third Party Site"). We may work with a number of partners and affiliates whose sites are linked with ours. Both MournersLane.com and Mourner's Lane® are not responsible or liable, directly or indirectly, for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. MournersLane.com makes no guarantee regarding the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site.

These links are provided only as a convenience. The inclusion of any link does not imply that we necessarily support or agree with the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither MournersLane.com nor Mourner's Lane® are responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the relevant Third Party Site administrator if you have any concerns regarding such links or their respective content.

7. How We Treat User Content.

When posting listings, correspondence, reviews, comments, communications, and other content (the "User Content") on MournersLane.com and/or the Mourner's Lane® service, such contributions are made at your own risk and are subject to the Terms of Use.

7.1. Rights and Responsibilities of MournersLane.com.

Mourner's Lane® respects the intellectual property of others, and we ask our users to do the same. The accounts of those suspected to be repeat-infringers may be disabled and/or terminated in appropriate circumstances. Such decision is within our sole discretion.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
5 Cent Productions LLC
60 West 23rd Street, #526
New York, NY 10010

By email: admin@MournersLane.com

Mourner's Lane® is not the publisher or author of the User Content. We do not pre-screen listings or require prior approval before they are posted.

We disclaim all copyright and ownership in such works and all responsibility for them. Although we cannot make an absolute guarantee of system security, MournersLane.com takes reasonable steps to keep our services safe and secure. If you have reason to believe system security has been violated, contact us by E-MAIL at admin@MournersLane.com for help. If our technical staff finds that a member’s files or processes pose a threat to the proper technical operation of the system or to the security of other members, we reserve the right to delete those files or to stop those processes. If our technical staff suspects that a user name is used by an improper user, that user's access may be disabled in order to preserve system security. In all such cases, MournersLane.com will contact the member as soon as feasible.

We have the right, in our sole and absolute discretion, to

  • Edit, redact or otherwise change any User Content,
  • Re-categorize any User Content to place it in a more appropriate location or
  • Pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to, User Content containing offensive language and advertisements. We reserve the right to refuse service to anyone and to cancel user access at any time.

7.2. Rights and Responsibilities of MournersLane.com Users or Other Posters of User Content.

You Own And Are Responsible for Your Content: You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you list, submit, post, or display using any of our services. In posting User Content, you agree to honor the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered.

For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder's permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose to give up such rights expressly.

Because the jurisdiction law as to online systems is unsettled, we urge you to consider the possible effect of laws outside Mourner's Lane®'s locality or your own residence. Mourner's Lane® is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet). We cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.

You agree not to use the Site in any way that could damage, disable, or impair any Services provided by MournersLane.com (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user's use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

7.3. You Grant Us A License Over Your Content.

We do not claim ownership rights over the User Content. By posting such User Content, you grant a license to Mourner's Lane® to use, reprint, distribute, modify, and create derivative works, which will be owned by Mourner's Lane®. You grant Mourner's Lane® a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enhancing your experience of our services and providing you with innovative services and features. Mourner's Lane® will only use personal information in accordance with Mourner's Lane®'s Privacy Policy.

You also permit us and any third-party website that incorporates the Mourner's Lane® software service to copy your works as part of the normal backup process. Posting User Content or using your MournersLane.com account for any illegal activity under the United States Law is a violation of these Terms of Use.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Mourner's Lane® user. Without obtaining prior permission from the other user, this personal information may only be used for that transaction or for Mourner's Lane®-related communications. Mourner's Lane® has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, in the absence of express consent from the user, you are not licensed to add any Mourner's Lane® user to your email or physical mail list. For more information, see Mourner's Lane®'s Privacy Policy.

Re-Posting Content: By posting Content on Mourner's Lane®, it is possible for an outside website or a third party to re-post that Content. You agree to hold Mourner's Lane® harmless for any dispute concerning this use. If you choose to display your own Mourner's Lane®-hosted image on another website, the image must provide a link back to its listing page on Mourner's Lane®.

7.4. Your Rights and Responsibilities as an MournersLane.com User and Reader of User Content.

As a general rule, our staff does not mediate conflicts between users. Should you have a complaint about another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. MournersLane.com is not legally responsible for your behavior or that of other users.

7.5. Your Agreement to Release and Hold Harmless Mourner's Lane® For Any Harm Resulting From Your Communication or Contact with Other Mourner's Lane® Users.

THE SITE FUNCTIONS AS A VIRTUAL COMMUNICATIONS FORUM, WHICH ALLOWS USERS TO CONTACT, COMMUNICATE AND OTHERWISE TRANSACT WITH ONE ANOTHER. MOURNERSLANE.COM IS NOT LEGALLY RESPONSIBLE FOR ANY COMMUNICATIONS MADE BY MOURNERSLANE.COM USERS. MOURNERSLANE.COM DOES NOT ENDORSE ANY USERS OR THEIR COMMUNICATIONS. YOU AGREE THAT ANY ATTEMPT MADE BY YOU TO MAKE DIRECT CONTACT OR ANY ACTUAL DIRECT CONTACT WITH ANY MOURNERSLANE.COM USER IS MADE AT YOUR OWN RISK. YOU AGREE TO RELEASE AND HOLD MOURNER'S LANE® HARMLESS, IRREVOCABLY RELEASE MOURNER'S LANE® AND FOREVER DISCHARGE MOURNER'S LANE®, ITS AGENTS, AFFILIATES, EMPLOYEES, OFFICERS, SUCCESSORS AND/OR ASSIGNS FROM ALL MANNER OF ACTIONS, CAUSES OF ACTION, CLAIMS, SUITS, COVENANTS, CONTROVERSIES, AGREEMENTS, PROMISES, DAMAGES, CHARGES, AND DEMANDS, WHATSOEVER, IN LAW OR IN EQUITY OR OTHERWISE, FOR ANY HARM, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER MOURNER'S LANE® USERS. ADDITIONALLY, YOU AGREE TO INDEMNIFY MOURNER'S LANE® FOR ANY HARM TO THIRD PARTIES, ECONOMIC OR PHYSICAL, ARISING OUT OF YOUR ATTEMPT TO CONTACT OR ACTUAL CONTACT WITH OTHER MOURNER'S LANE® USERS.

7.6. Responsibility of Third-Party Websites With Regard to User Content.

If you are a third-party website that incorporates the Mourner's Lane® software service into your website, by so doing you hereby agree to treat User Content in accordance with the terms of these Terms of Use and the Mourner's Lane® Privacy Policy as incorporated herein. Further, you agree to indemnify and hold Mourner's Lane®, its directors, officers, employees and affiliates harmless, and to pay any and all reasonable costs and attorney's fees as well as any damages arising out of any action taken against Mourner's Lane®, its directors, officers, employees and affiliates if such action results from your breach of any obligations herein.

8. NO WARRANTIES.

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MOURNERSLANE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MOURNERSLANE.COM MAKES NO WARRANTY THAT:

  • THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
  • THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK. MOURNER'S LANE® SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. LIMITATION OF LIABILITY.

IN NO EVENT SHALL MOURNERSLANE.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF MOURNERSLANE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF MOURNERSLANE.COM TO YOU IS $100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

10. Indemnification.

You agree to defend, indemnify and hold harmless Mourner's Lane®, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

11. Unsolicited Submissions.

Except as may be required in connection with your use of our Services, Mourner's Lane® does not want you to submit confidential or proprietary information to us through this Site. You agree that all listings, product descriptions, comments, feedback, information or material submitted to MournersLane.com through or in association with this Site shall be considered non-confidential. By providing such submissions to MournersLane.com you grant MournersLane.com a license to use, reprint, distribute, modify and create derivative works, which will be owned by MournersLane.com. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws.

When accessing the Site or using our Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, sell or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your MournersLane.com user account.

If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such Content by telling us about it as provided in the Notice and Take Down provisions of the Digital Millennium Copyright Act at admin@MournersLane.com as described above.

13. Ineligibility of Minors.

This Site is ineligible to Minors. If you are a Minor, please do not submit any personal information.

14. ARBITRATION AGREEMENT.

MournersLane.com and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • Claims that may arise after the termination of this agreement.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Mourner's Lane® makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a registered user of our Site, you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

YOU AND MOURNER'S LANE® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mourner's Lane® agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THE FEES CHARGED BY THE ARBITRATION ADMINISTRATOR MAY BE GREATER THAN THE FEES CHARGED BY A COURT.

For any claim related to this Agreement or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding nonappearance-based arbitration. In such an event, the arbitration shall be conducted at the option of the party seeking relief, by telephone, online or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15. Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Mourner's Lane® service.

16. Governing Law; Venue.

If for any reason, the Arbitration Agreement shall not apply, by using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with New York State law, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of New York, County of New York. You and MournersLane.com agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

17. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2013, 5 Cent Productions LLC, ALL RIGHTS RESERVED.

18. Trademarks.

MOURNER'S LANE®, MournersLane.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of 5 Cent Productions LLC. All other trademarks, product names and company names or logos mentioned in the preceding sentence are the property of their respective owners.

19. Acknowledgement.

BY USING OUR SERVICES OR ACCESSING THE MOURNERSLANE.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.

20. Contact.

If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at admin@MournersLane.com.

21. Release.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know, or suspect to exist, in your favor at the time of agreeing to this release.

22. No Agency.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.