Terms of Service

Agreement between User and www.oldstonetag.com 

Welcome to www.oldstonetag.com. The www.oldstonetag.com website (the “Site”) is comprised  of various web pages operated by Old Stone Tag, Inc. (“OST”). www.oldstonetag.com is offered  to you conditioned on your acceptance without modification of the terms, conditions, and notices  contained herein (the “Terms”). Your use of www.oldstonetag.com constitutes your agreement to  

all such Terms. Please read these terms carefully, and keep a copy of them for your reference.    

www.oldstonetag.com is an E-Commerce Site.  

Through this tool, individuals will understand the – (dash) between a person’s birth date and their  death date. Old Stone Tag connects memorial visitors with the person’s obituary, family tree,  pictures, and video clips; affording users their own personal tour guide of history, putting a plethora  of historical information in the palm of their hands. 

Our Old Stone Tag measures 2-5/16″ round and is 1/16″ thick. The tag comes with a 3M™  300LSE permanent adhesive applied to the back of the tag for permanent adhesion to the  memorial or marker. What the user sees is up to who purchases and maintains the tag’s contents  on our platform.  

Privacy 

Your use of www.oldstonetag.com is subject to OST’s Privacy Policy. Please review our Privacy  Policy, which also governs the Site and informs users of our data collection practices.  

Electronic Communications 

Visiting www.oldstonetag.com or sending emails to OST constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices,  disclosures and other communications that we provide to you electronically, via email and on the  Site, satisfy any legal requirement that such communications be in writing.  

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that OST is not responsible for third  party access to your account that results from theft or misappropriation of your account. OST and  its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit  content in our sole discretion.  

Children Under Thirteen 

OST does not knowingly collect, either online or offline, personal information from persons under  the age of thirteen. If you are under 18, you may use www.oldstonetag.com only with permission  of a parent or guardian.  

Links to Third Party Sites/Third Party Services 

www.oldstonetag.com may contain links to other websites (“Linked Sites”). The Linked Sites are  not under the control of OST and OST is not responsible for the contents of any Linked Site,  including without limitation any link contained in a Linked Site, or any changes or updates to a  Linked Site. OST is providing these links to you only as a convenience, and the inclusion of any  link does not imply endorsement by OST of the site or any association with its operators.  

Certain services made available via www.oldstonetag.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  

www.oldstonetag.com domain, you hereby acknowledge and consent that OST may share such  information and data with any third party with whom OST has a contractual relationship to provide  the requested product, service or functionality on behalf of www.oldstonetag.com users and  customers.  

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a non-exclusive, non-transferable, revocable license to access and use  www.oldstonetag.com strictly in accordance with these terms of use. As a condition of your use of  the Site, you warrant to OST that you will not use the Site for any purpose that is unlawful or  prohibited by these Terms. You may not use the Site in any manner which could damage, disable,  overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not  intentionally made available or provided for through the Site.  

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of OST or its suppliers and  protected by copyright and other laws that protect intellectual property and proprietary rights. You  agree to observe and abide by all copyright and other proprietary notices, legends or other  restrictions contained in any such content and will not make any changes thereto.  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  OST content is not for resale. Your use of the Site does not entitle you to make any unauthorized  use of any protected content, and in particular you will not delete or alter any proprietary rights or  attribution notices in any content. You will use protected content solely for your personal use, and  will make no other use of the content without the express written permission of OST and the  copyright owner. You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of OST or our  licensors except as expressly authorized by these Terms.  

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities,  personal web pages, calendars, and/or other message or communication facilities designed to  enable you to communicate with the public at large or with a group (collectively, “Communication  Services”). You agree to use the Communication Services only to post, send and receive messages  

and material that are proper and related to the particular Communication Service.  

By way of example, and not as a limitation, you agree that when using a Communication Service,  you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as  rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any  inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material  or information; upload files that contain software or other material protected by intellectual  property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or  have received all necessary consents; upload files that contain viruses, corrupted files, or any other  similar software or programs that may damage the operation of another’s computer; advertise or  offer to sell or buy any goods or services for any business purpose, unless such Communication  Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes  or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete  any author attributions, legal or other proper notices or proprietary designations or labels of the  origin or source of software or other material contained in a file that is uploaded; restrict or inhibit  any other user from using and enjoying the Communication Services; violate any code of conduct  or other guidelines which may be applicable for any particular Communication Service; harvest or  otherwise collect information about others, including e-mail addresses, without their consent;  violate any applicable laws or regulations.  

OST has no obligation to monitor the Communication Services. However, OST reserves the right  to review materials posted to a Communication Service and to remove any materials in its sole  discretion. OST reserves the right to terminate your access to any or all of the Communication  Services at any time without notice for any reason whatsoever.  

OST reserves the right at all times to disclose any information as necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to  remove any information or materials, in whole or in part, in OST’s sole discretion.  

Always use caution when giving out any personally identifying information about yourself or your  children in any Communication Service. OST does not control or endorse the content, messages  or information found in any Communication Service and, therefore, OST specifically disclaims any  liability with regard to the Communication Services and any actions resulting from your  participation in any Communication Service. Managers and hosts are not authorized OST  spokespersons, and their views do not necessarily reflect those of OST.  

Materials uploaded to a Communication Service may be subject to posted limitations on usage,  reproduction and/or dissemination. You are responsible for adhering to such limitations if you  upload the materials.  

Materials Provided to www.oldstonetag.com or Posted on Any OST Web Page OST does not claim ownership of the materials you provide to www.oldstonetag.com (including  feedback and suggestions) or post, upload, input or submit to any OST Site or our associated  services (collectively “Submissions”). However, by posting, uploading, inputting, providing or  

submitting your Submission you are granting OST, our affiliated companies and necessary  sublicensees permission to use your Submission in connection with the operation of their Internet  businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,  publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your  name in connection with your Submission.  

No compensation will be paid with respect to the use of your Submission, as provided herein.  OST is under no obligation to post or use any Submission you may provide and may remove any  Submission at any time in OST’s sole discretion.  

By posting, uploading, inputting, providing or submitting your Submission you warrant and  represent that you own or otherwise control all of the rights to your Submission as described in this  section including, without limitation, all the rights necessary for you to provide, post, upload, input  or submit the Submissions.  

International Users 

The Service is controlled, operated and administered by OST from our offices within the USA. If  you access the Service from a location outside the USA, you are responsible for compliance with  all local laws. You agree that you will not use the OST Content accessed through  

www.oldstonetag.com in any country or in any manner prohibited by any applicable laws,  restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless OST, its officers, directors, employees, agents  and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s  fees) relating to or arising out of your use of or inability to use the Site or services, any user  postings made by you, your violation of any terms of this Agreement or your violation of any rights  of a third party, or your violation of any applicable laws, rules or regulations. OST reserves the  right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject  to indemnification by you, in which event you will fully cooperate with OST in asserting any  available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S  INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and OST 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.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR  

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. OLD STONE TAG, INC. AND/OR ITS SUPPLIERS MAY  MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

OLD STONE TAG, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  OLD STONE TAG, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL OLD STONE TAG, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY  DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL  DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF  OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,  WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY  

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF  THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT  LIABILITY OR OTHERWISE, EVEN IF OLD STONE TAG, INC. OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE  SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR  LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,  THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED  WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/Access Restriction  

OST reserves the right, in its sole discretion, to terminate your access to the Site and the related  services or any portion thereof at any time, without notice. To the maximum extent permitted by  law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the  

exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use  of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all  provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and OST as a result of this agreement or use of the Site. OST’s performance of this agreement  is subject to existing laws and legal process, and nothing contained in this agreement is in  derogation of OST’s right to comply with governmental, court and law enforcement requests or  requirements relating to your use of the Site or information provided to or gathered by OST with  respect to such use. If any part of this agreement is determined to be invalid or unenforceable  pursuant to applicable law including, but not limited to, the warranty disclaimers and liability  limitations set forth above, then the invalid or unenforceable provision will be deemed superseded  by a valid, enforceable provision that most closely matches the intent of the original provision and  the remainder of the agreement shall continue in effect.  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and OST with respect to the Site and it supersedes all prior or contemporaneous communications  and proposals, whether electronic, oral or written, between the user and OST with respect to the  Site. A printed version of this agreement and of any notice given in electronic form shall be  admissible in judicial or administrative proceedings based upon or relating to this agreement to the  same extent and subject to the same conditions as other business documents and records originally  generated and maintained in printed form. It is the express wish to the parties that this agreement  and all related documents be written in English.  

Changes to Terms 

OST reserves the right, in its sole discretion, to change the Terms under which  

www.oldstonetag.com is offered. The most current version of the Terms will supersede all  previous versions. OST encourages you to periodically review the Terms to stay informed of our  updates.  

Contact Us 

OST welcomes your questions or comments regarding the Terms:  

Old Stone Tag, Inc.  

1067 N. 21st Street, Suite 321  

Newark, Ohio 43055  

Email Address:  

admin@oldstonetag.com  

Telephone number:  

740-745-7009  

Effective as of October 01, 2021 

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to  www.oldstonetag.com, and Old Stone Tag, Inc. and governs data collection and usage. For the  purposes of this Privacy Policy, unless otherwise noted, all references to Old Stone Tag, Inc.  include www.oldstonetag.com and OST. The OST website is a ecommerce site. By using the  OST website, you consent to the data practices described in this statement.    

Collection of your Personal Information 

In order to better provide you with products and services offered, OST may collect personally  identifiable information, such as your:  

– First and Last Name 

– Mailing Address 

– E-mail Address 

– Phone Number 

If you purchase OST’s products and services, we collect billing and credit card information. This  information is used to complete the purchase transaction.  

Please keep in mind that if you directly disclose personally identifiable information or personally  sensitive data through OST’s public message boards, this information may be collected and used  by others.  

We do not collect any personal information about you unless you voluntarily provide it to us.  However, you may be required to provide certain personal information to us when you elect to use  certain products or services. These may include: (a) registering for an account; (b) entering a  sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers  from selected third parties; (d) sending us an email message; (e) submitting your credit card or  other payment information when ordering and purchasing products and services. To wit, we will  use your information for, but not limited to, communicating with you in relation to services and/or  products you have requested from us. We also may gather additional personal or non-personal  information in the future.  

Use of your Personal Information  

OST collects and uses your personal information to operate and deliver the services you have  requested.  

OST may also use your personally identifiable information to inform you of other products or  services available from OST and its affiliates.  

Sharing Information with Third Parties 

OST does not sell, rent or lease its customer lists to third parties.  

OST may share data with trusted partners to help perform statistical analysis, send you email or  postal mail, provide customer support, or arrange for deliveries. All such third parties are  prohibited from using your personal information except to provide these services to OST, and they  are required to maintain the confidentiality of your information.  

OST may disclose your personal information, without notice, if required to do so by law or in the  good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply  with legal process served on OST or the site; (b) protect and defend the rights or property of  OST; and/or (c) act under exigent circumstances to protect the personal safety of users of OST,  or the public.  

Automatically Collected Information 

Information about your computer hardware and software may be automatically collected by OST.  This information can include: your IP address, browser type, domain names, access times and  referring website addresses. This information is used for the operation of the service, to maintain  quality of the service, and to provide general statistics regarding use of the OST website.    

Use of Cookies 

The OST website may use “cookies” to help you personalize your online experience. A cookie is a  text file that is placed on your hard disk by a web page server. Cookies cannot be used to run  programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only  be read by a web server in the domain that issued the cookie to you.  

One of the primary purposes of cookies is to provide a convenience feature to save you time. The  purpose of a cookie is to tell the Web server that you have returned to a specific page. For  example, if you personalize OST pages, or register with OST site or services, a cookie helps OST  to recall your specific information on subsequent visits. This simplifies the process of recording  your personal information, such as billing addresses, shipping addresses, and so on. When you  return to the same OST website, the information you previously provided can be retrieved, so you  can easily use the OST features that you customized.  

You have the ability to accept or decline cookies. Most Web browsers automatically accept  cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you  choose to decline cookies, you may not be able to fully experience the interactive features of the  OST services or websites you visit.  

Links 

This website contains links to other sites. Please be aware that we are not responsible for the  content or privacy practices of such other sites. We encourage our users to be aware when they  leave our site and to read the privacy statements of any other site that collects personally  identifiable information.  

Security of your Personal Information 

OST secures your personal information from unauthorized access, use, or disclosure. OST uses  the following methods for this purpose:  

– SSL Protocol 

When personal information (such as a credit card number) is transmitted to other websites, it is  protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.    

We strive to take appropriate security measures to protect against unauthorized access to or  alteration of your personal information. Unfortunately, no data transmission over the Internet or any  wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect  your personal information, you acknowledge that: (a) there are security and privacy limitations  inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any  and all information and data exchanged between you and us through this Site cannot be  guaranteed.  

Right to Deletion 

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:  • Delete your personal information from our records; and 

• Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if  it is necessary to:  

• Complete the transaction for which the personal information was collected, fulfill the  terms of a written warranty or product recall conducted in accordance with federal  law, provide a good or service requested by you, or reasonably anticipated within the  context of our ongoing business relationship with you, or otherwise perform a contract  between you and us; 
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal  activity; or prosecute those responsible for that activity; 
• Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right  of free speech, or exercise another right provided for by law; 
• Comply with the California Electronic Communications Privacy Act; 
• Engage in public or peer-reviewed scientific, historical, or statistical research in the  public interest that adheres to all other applicable ethics and privacy laws, when our  deletion of the information is likely to render impossible or seriously impair the  achievement of such research, provided we have obtained your informed consent; 
• Enable solely internal uses that are reasonably aligned with your expectations based on  your relationship with us; 
• Comply with an existing legal obligation; or 
• Otherwise use your personal information, internally, in a lawful manner that is  compatible with the context in which you provided the information. 

Children Under Thirteen 

OST does not knowingly collect personally identifiable information from children under the age of  

thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission  to use this website.  

E–mail Communications 

From time to time, OST may contact you via email for the purpose of providing announcements,  promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to  improve our Services, we may receive a notification when you open an email from OST or click  on a link therein.  

If you would like to stop receiving marketing or promotional communications via email from OST,  you may opt out of such communications by clicking the UNSUBSCRIBE button.    

External Data Storage Sites 

We may store your data on servers provided by third party hosting vendors with whom we have  contracted.  

Changes to this Statement 

OST reserves the right to change this Privacy Policy from time to time. We will notify you about  significant changes in the way we treat personal information by sending a notice to the primary  email address specified in your account, by placing a prominent notice on our website, and/or by  updating any privacy information. Your continued use of the website and/or Services available  after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy;  and (b) agreement to abide and be bound by that Policy.  

Contact Information 

OST welcomes your questions or comments regarding this Statement of Privacy. If you believe  that OST has not adhered to this Statement, please contact OST at:  

Old Stone Tag, Inc.  

1067 N. 21st Street, Suite 321  

Newark, Ohio 43055  

Email Address:  

admin@oldstonetag.com  

Telephone number:  

740-745-7009  

Effective as of October 01, 2021