Terms & Conditions

The Gethsemane Cemetery website (www.gethcem.com) is owned and operated by Gethsemane Cemetery and use of this site is subject to our Privacy Policy. Your use of this site confirms your acknowledgement and acceptance of the foregoing Terms of Use.

“Gethsemane” includes both Gethsemane Cemetery and St. Mary Cemetery.

“Site” means www.gethcem.com, including all subparts thereof, social media accounts of Gethsemane, and applications for smart, mobile and other devices.

“Content” means all designs, logos, graphics, text, messages, information, images, software, audio/video media, along with other information and materials posted or available via the Site.

“Terms” include these Terms of Use as well as the Gethsemane Privacy Policy contained on the Gethsemane Site.

“User” means all visitors of the Site, regardless of whether or not such individual purchase goods or services.

By using the Site, User confirms he/she is at least eighteen (18) years of age, will comply with all Terms, will only use the site for lawful purposes, and will refrain from posting, publishing or submitting any Content which violates any intellectual property or privacy rights. Without the express written consent of Gethsemane, User(s) shall not copy or reproduce any Content of the Site, modify or distribute Content of the Site, or use the Site for commercial purposes. Posting, publication or submittal of Content on the Site by User(s) shall not contain any knowingly false, fraudulent, deceptive, defamatory, abusive, vulgar, hateful, obscene, profane, sexually oriented, threatening, illegal or harmful information or representations.

By using the Site, User further confirms that he/she will not introduce, post, publish or transmit any harmful, disruptive, or destructive files or programs, including, but not limited to, viruses, collect or store personal information/data about others, attempt to gain unauthorized access to the Site or any portions of the Site for which User access is restricted, copy any portion of the Site for personal use or the use of a third party, create or use a false identity on the Site or allow anyone besides User to access the site via User’s account, disrupt or interfere with the Site or any service offered, or otherwise disrupt or interfere with the Site or any other User’s use of the Site.

These Terms represent the entire and exclusive understanding and agreement between Gethsemane and User and supersede any and all prior written understandings and/or agreements regarding use of the Site and Content. User is prohibited from assignment or transfer of any of the Terms without the express written consent of Gethsemane, and to the extent such Terms are assigned and/or transferred, the Terms bind and inure to the benefit of the parties, their successors and permitted assigns.

By utilizing the Site, User agrees to comply with applicable laws and regulations, and Gethsemane is not responsible or liable for the accuracy of any Content posted by User on the Site. Gethsemane expressly reserves the right to remove any Content posted or information provided by User(s) which violates any applicable Terms, which removal shall be in the sole discretion of Gethsemane. To the extent User proceeds to use the Site in violation of the Terms or any laws or regulations, User may be subject to civil or criminal penalties.

To the extent User makes Content available via the Site, User grants Gethsemane a non-exclusive, transferrable and royalty free license to use and/or modify such Content in the sole discretion of Gethsemane, in connection with operating/maintaining the Site, advertisement for and/or provision of services, or otherwise, in perpetuity. User accepts that User Content shall be considered and treated as non-confidential and non-proprietary which shall not be returned to User except where specified in the Privacy Policy. To the extent permitted by law, Gethsemane retains all right, title and interest in User Content and use thereof, which shall be a transferable right, and User consents to alteration, adoption and/or modification of User Content and material created in accordance with the Terms. Users are responsible for all User Content and Users represent that all right, title and interest in such User Content originates from User which shall be licensed to Gethsemane in accordance with these Terms. Where User makes Content available on the Site, User represents and warrants that such Content shall not infringe upon, misappropriate or violate any intellectual property, privacy or other rights of any third party or violate laws or regulations applicable thereto. In the event you wish for any User Content to be deleted in accordance with applicable Terms, such request can be made by calling Gethsemane at 610-929-2613, after which Gethsemane will perform identify verification prior to deletion; however, Gethsemane reserves the right to retain User data and information in accordance with applicable law.

Gethsemane reserves the right to amend these Terms at any time in its sole discretion, with such Change in Terms to be effective immediately upon posting of the updated Terms on the Site. Users are encouraged to review the Terms as Users’ continued use of the Site shall constitute acceptance of the Terms, including amendment thereto, and such Terms shall apply in the event of any dispute between a User and Gethsemane.

Users of this Site should review the Gethsemane Privacy Policy, as posted on the Site, as information regarding how Gethsemane collects and uses information (where applicable) is detailed therein. By using this Site, User agrees that Gethsemane may collect, retain, use, and disclose User information to the extent permissible by law and in accordance with Gethsemane’s Privacy Policy.

Gethsemane makes no warranty to User regarding security of the Site, including with respect to ability of unauthorized persons to intercept or access information on or from the Site. Gethsemane is not responsible for loss or theft of information or data provided by User on the Site.

These Terms and any proceeding relating thereto are governed by the laws of the Commonwealth of Pennsylvania. To the extent any portion of the Terms are declared unlawful, invalid or unenforceable, the remainder of the Terms shall remain in full force and effect with the exception of severance of only the unlawful, invalid, or unenforceable provision(s) thereof.

By using the Site, User agrees to defend, indemnify and hold harmless Gethsemane and it’s officers, directors, employees, contractors, representatives and agents from any and all claims, demands, liabilities, damages, costs, losses, and expenses, including, but not limited to, all counsel fees and costs incurred, that arise from or relate to User’s access to the Site and/or Content made available thereon, any of your User Content, and/or violation of any applicable laws, regulations or Terms. User agrees to be responsible for all damages, claims or losses to the fullest extent permissible by law even such damages, claims or losses caused by the active or passive negligence of Gethsemane. Gethsemane reserves the right to assume exclusive defense and control of any matter subject to indemnification hereunder and User agrees to cooperate and assist Gethsemane in asserting such defense.

Gethsemane expressly reserves all rights to the Site, including all Content, graphics, design, organization and services which shall remain the sole and exclusive property of Gethsemane as protected by applicable law. The Site and Content may not be copied, republished, distributed, modified, posted, transmitted, broadcasted or reduced to a derivative work in any form or by any means without the express written consent of Gethsemane. Users may not make commercial use of the Site or its Content, make any derivative use of the Site, engage in any data mining/gathering methods on or in relation to the Site, or otherwise copy, imitate or use custom graphics, headers, text and other marks from the Site without express written consent of Gethsemane.

To the extent permitted by law, Gethsemane claims copyright in the Content made available on the Site in addition to all related information, documents, and intellectual property rights. Any data, copyright, proprietary right or process with respect to provision of Gethsemane’s services or products is the proprietary information of Gethsemane and as applicable, its third party vendors. User shall not, without Gethsemane’s express written consent, use or disclose such proprietary information other than in conjunction with personal use of the Site or Gethsemane’s services or products. User is prohibited from use of the Site or provision of any information from the Site for purposes of reverse engineering or creation of related derivative work.

Gethsemane respects copyright and intellectual property rights of others and may remove content which appears to infringe upon such rights of third parties. Gethsemane may restrict and/or terminate access of any User who infringes upon or appears to infringe upon third party rights. In accordance with the Digital Millennium Copyright Act (DMCA), you may report to Gethsemane via electronic mail (info@gethcem.com), phone (610-929-2613), or regular mail (Gethsemane Cemetery 3139 Kutztown Rd. Reading, PA 19605) any alleged copyright infringement by providing the following information: (1) Your name, address, telephone number and electronic mail address; (2) A description of the copyrighted work which you claim is being infringed upon; (3) A description of the material you claim is infringing upon your copyrighted work and location of that material; (4) A statement confirming your good faith belief that unauthorized use of copyrighted material has occurred; and (5) A statement confirming, under penalty of perjury, that all information provided is true and accurate to the best of your knowledge, information and belief. You shall be required to sign (either physically or electronically) the DMCA reporting notice when submitted to Gethsemane. Upon receipt of any such notice, Gethsemane may request additional information as to allow for evaluation of the alleged infringement. At all times, Gethsemane reserves the right, in its sole discretion, to remove any Content from the Site, including any such Content submitted by any User.

To the extent this Site contains links to third party websites and/or services (Third Party Sites), User accepts that such Third Party Sites are not under the control of Gethsemane and the Third Party Sites are provided on the Site as a convenience. User acknowledges and accepts all risk arising from use of any Third Party Sites and provision of a link or other access to Third Party Sites does not confirm any relationship or endorsement between Gethsemane and any Third Party Sites, either express or implied.

Gethsemane reserves the right, in its sole and exclusive discretion, to terminate the ability of any User to access the Site as well as to restrict and/or prohibit future access to the Site, which User accepts will be without liability of any kind for Gethsemane. Gethsemane and User are the only parties entitled to enforce these Terms and User expressly acknowledges and accepts that such Terms do not confer nor intended to confer any rights or remedies upon any third party, except where Gethsemane assigns or otherwise transfers its rights hereunder.

Content and information posted on this Site as well as all services and products are provided on an “as is” basis without representation or warranty of any kind, whether express or implied, and any such warranty is hereby excluded to the fullest extent permitted by law. No representations or warranties are given or made as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked. Without prejudice to the generality of the exclusion of liability contained herein, Gethsemane shall not be liable to you if you cannot access the Site, or if some of its features are unavailable to you. Gethsemane shall have no liability to you for any loss or inconvenience suffered due to the unavailability or withdrawal of any Content, material or other information from the Site. In no event shall Gethsemane, or any of its subsidiaries or affiliates, be liable for any loss or damages to any User or third party whether such claims damages are direct, indirect, economic, exemplary, special, punitive, incidental and/or consequential arising out of the use of or inability to use the Site, any websites linked from the Site, or any materials or information contained on the Site. Notwithstanding anything herein to the contrary, and regardless of the form of the action and claims which may be asserted, Gethsemane’s liability is limited to the amount User paid to Gethsemane, if any, within the twelve (12) months immediately preceding the claim for liability for services provided by Gethsemane via the Site. Gethsemane shall not be liable in any amount for failure to perform any obligation pursuant to these Terms if such failure is caused by an occurrence beyond Gethsemane’s reasonable control, such as, internet outage, power outage, communication outage, fire, flood, other act of god, etc.

User agrees that any dispute, claim, or controversy arising out of or relating to the Site, Terms, Privacy Policy or services Gethsemane provides or makes available via the Site shall be subject to binding arbitration, except with regard to the parties’ right to proceed in small claims court or to seek injunctive relief to prevent actual infringement or misappropriation of intellectual property. Prior to submittal of any dispute, claim or controversy to binding arbitration, User must first submit Gethsemane a written statement (Statement of Claim) inclusive of User’s name, address, telephone number, recitation of all facts which support such dispute, claim or controversy, and a request for relief based thereupon, with such Statement of Claim addressed as follows: Gethsemane Cemetery Attn: General Counsel 3139 Kutztown Road Reading, PA 19605. In the event Gethsemane and User are unable to resolve the dispute, claim or controversy within thirty (30) days of Gethsemane’s receipt of User’s Statement of Claim, either party may submit a request for binding arbitration of the dispute, claim or controversy to the other, with the matter to be promptly referred for binding arbitration through the Berks County Bar Association Alternative Dispute Resolution Program and not any proceeding in any federal, state or local court. The arbitrator shall be entitled to direct the parties to engage in reasonable exchange of information and documentation in advance of the arbitration hearing, consistent with the expedited nature of arbitration, the arbitrator’s decision will include material and relevant findings of fact and conclusions of law, and the arbitrator’s decision may be entered in any court of competent jurisdiction so long as it is in accordance with these Terms. To the extent Gethsemane prevails in arbitration, Gethsemane is entitled to an award of actual attorneys’ fees and expenses incurred, as well as any related costs, filing fees, witness fees, etc. associated with Gethsemane’s preparation for and attendance at arbitration as specified herein. User accepts and acknowledges that any dispute, claim or controversy arising out of or relating to the Site, Terms, or Privacy Policy shall be initiated via Statement of Claim received by Gethsemane within one (1) year from the date the dispute, claim or controversy arises, and that to the extent User fails to proceed within this timeframe, User waives and forfeits the right to proceed on any such dispute, claim and/or controversy.

To the extent Users have questions or concerns regarding viewing or use of this Site or any information and/or documentation available hereon, Users can contact Gethsemane via electronic mail (info@gethcem.com), phone (610-929-2613) or Mail (Gethsemane Cemetery 3139 Kutztown Road Reading, PA 19605).