Terms and Conditions

Welcome to Cemetery Brokerage!

These terms and conditions outline the rules and regulations for the use of Cemetery Brokerage LLC's Website, located at https://cemeterybrokerage.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Cemetery Brokerage if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Cemetery Brokerage, you agreed to use the required cookies.

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.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Cemetery Brokerage LLC and/or its licensors own the intellectual property rights for all material on Cemetery Brokerage. All intellectual property rights are reserved. You may access this from Cemetery Brokerage for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Cemetery Brokerage

• Sell, rent, or sub-license material from Cemetery Brokerage

• Reproduce, duplicate or copy material from Cemetery Brokerage

• Redistribute content from Cemetery Brokerage

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Cemetery Brokerage LLC does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Cemetery Brokerage LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Cemetery Brokerage LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Cemetery Brokerage LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Cemetery Brokerage LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Cemetery Brokerage LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Cemetery Brokerage LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Cemetery Brokerage LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Cemetery Brokerage LLC - Terms and Conditions

1. Acceptance of Terms:

By using the services of Cemetery Brokerage LLC ("the Company"), you ("the Client") agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

2. Services Provided:

The Company provides brokerage services for the buying and selling of cemetery plots, niches, mausoleums, and related cemetery property ("Cemetery Property"). This includes listing, marketing, negotiation, and facilitating the transfer of ownership.

3. Listing Fees:

• Listing Fee: A non-refundable listing fee is required to list Cemetery Property with the Company, according to the following schedule:

  • For a single plot with a value under $3,000: $150.00

  • For one or two plots with a value of $3,000 or more: $300.00

  • For three or more plots: $400.00

• Payment: The listing fee is payable upon signing the Listing Agreement.

• Duration: The listing agreement remains in effect until the Cemetery Property is sold.

• Renewal: There are no renewal fees. The listing remains active until the property is sold.

4. Sales Commission:

• Commission Rate: Upon successful sale of the Cemetery Property, the Company will receive a commission of 12% of the final negotiated sales price.

• Payment: The commission is due and payable at the closing of the sale, concurrent with the transfer of ownership.

• Minimum Commission: There is no minimum commission.

5. Final Payments and Closing:

• Closing: The closing of the sale will be conducted in accordance with applicable laws and regulations of the state of Tennessee.

• Payment of Balance: The entire negotiated sales price is due at closing.

• Payment Methods: Acceptable payment methods for the final balance include cash, check, money order, wire transfer and online payment.

• Escrow: Funds may be held in escrow until all necessary documentation and transfers are completed.

• Transfer of Ownership: The Company will facilitate the transfer of ownership documentation between the buyer and seller.

6. Client Responsibilities:

• Accurate Information: The Client is responsible for providing accurate and complete information about the Cemetery Property.

• Legal Ownership: The Client warrants that they have the legal right to sell the Cemetery Property.

• Access: The Client must provide reasonable access to the Cemetery Property for potential buyers, as arranged by the Company.

• Cooperation: The Client agrees to cooperate with the Company throughout the sales process.

7. Company Responsibilities:

• Marketing: The Company will market the Cemetery Property through various channels, including [List channels, e.g., online listings, advertising, networking].

• Negotiation: The Company will act as an intermediary in negotiations between the buyer and seller.

• Documentation: The Company will assist in preparing and managing necessary documentation for the sale.

• Due Diligence: The Company will conduct due diligence to verify the legal status of the Cemetery Property.

8. Cancellation and Termination:

• Client Cancellation: If the Client cancels the Listing Agreement before the Cemetery Property is sold, the listing fee is non-refundable.

• Company Termination: The Company reserves the right to terminate the Listing Agreement if the Client breaches these Terms and Conditions.

• Force Majeure: Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control (e.g., natural disasters, acts of God).

9. Limitation of Liability:

• The Company is not responsible for any errors, omissions, or misrepresentations made by the Client.

• The Company's liability is limited to the amount of the commission received for the specific transaction.

• The Company is not liable for any indirect, incidental, or consequential damages.

10. Governing Law:

• These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

11. Amendments:

• The Company reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any changes.

12. Entire Agreement:

• These Terms and Conditions constitute the entire agreement between the Client and the Company and supersede all prior agreements or understandings.

13. Contact Information:

• Cemetery Brokerage LLC

• 6000 Poplar Ave Suite 250, Memphis, TN 38119

• (901) 849-1954

• info@cemeterybrokerage.com