Understanding Terms of Service
Version 2026-09-02
Last updated: September 2, 2026
Document hash 266ea3f52355c4c1b00724f7b7ec0be3f267ba3f769d047446f3d9223e134f7c
ObituaryMonitor Terms of Service Version 2026-09-02 Last updated: September 2, 2026 URL: /terms
These Terms of Service (the "Terms") are a legally binding agreement between you and Northgate Leland, LLC d/b/a ObituaryMonitor ("Company," "we," or "us"). By accessing or using ObituaryMonitor (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance of Terms By accessing or using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
2. Description of Service ObituaryMonitor is an automated obituary monitoring and screening service that scans publicly available and licensed obituary and related sources and notifies users or prepares engagement-specific reports when potential matches are found based on criteria they provide. The Service is provided "as is" for supplementary diligence purposes only. We do not guarantee the accuracy, completeness, or timeliness of obituary information. Users are solely responsible for independently verifying all information before taking any action.
3. User Accounts To use the Service, you must: (a) be at least 18 years of age; (b) provide accurate and complete registration information; (c) maintain the security of your account credentials; and (d) notify us immediately of any unauthorized use of your account.
4. Acceptable Use You agree not to use the Service to: (a) violate any applicable laws or regulations; (b) harass, stalk, or harm another person; (c) collect information about others except as expressly authorized for your lawful use of the Service (including contracted screening research against publicly available or licensed sources); (d) engage in any fraudulent or deceptive practices; or (e) interfere with the operation of the Service.
4a. Prohibition on Scraping and Bulk Extraction You may not scrape, crawl, harvest, or use automated means (including bots, scripts, or third-party services) to collect, extract, or compile data from our website, including but not limited to our funeral home directory and any listings, in bulk or at scale. You may not republish, resell, or create derivative datasets from such data. Normal browsing and use of the site for personal or internal business purposes (for example, looking up individual funeral homes) is permitted. We may rate-limit or block access that we determine is abusive or in violation of this section.
5. Payment and Billing Paid subscriptions are billed in advance on a monthly or quarterly basis. You authorize us to charge your payment method for the subscription fees. Refunds are provided at our discretion unless a separate order or addendum states otherwise. You may cancel your subscription at any time. One-time screening report purchases are governed by the applicable report order and Bulk Screening Addendum.
6. No consumer-report or regulated eligibility use The Service is not offered or designed as a consumer report, background check, tenant-screening report, employment-screening report, or other service for a purpose regulated by the Fair Credit Reporting Act ("FCRA") or analogous law. You will not use, request, market, or provide the Service or its output, in whole or in part, to determine or influence any individual's eligibility for employment, housing, credit, insurance, a license, government benefit, or any other purpose subject to the FCRA or similar law; to take an adverse action against an individual; or on behalf of a consumer reporting agency. You will not represent that Company is a consumer reporting agency or that Service output satisfies any legal requirement applicable to consumer reports. A contract label does not override applicable law.
7. Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS" FOR SUPPLEMENTARY DILIGENCE PURPOSES WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE ORDER OR ADDENDUM. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL OBITUARY NOTICES WILL BE CAPTURED. Company is not responsible for delays, missed notifications, or inaccurate information from third-party sources. Users must independently verify all death notice matches before taking any legal, financial, or other consequential action.
8. Limitation of Liability IN NO EVENT SHALL NORTHGATE LELAND, LLC BE LIABLE FOR ANY DAMAGES EXCEEDING THE TOTAL FEES PAID BY THE USER IN THE 12 MONTHS PRIOR TO THE CLAIM, OR, FOR A ONE-TIME SCREENING ORDER, THE FEES PAID OR PAYABLE UNDER THAT ORDER. To the maximum extent permitted by law, Northgate Leland, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to damages for lost profits, loss of data, business interruption, or any other commercial damages or losses. The limitations apply regardless of the theory of liability and do not limit liability that cannot lawfully be limited.
9. Indemnification You agree to defend, indemnify, and hold harmless Northgate Leland, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from: (a) your use of the Service; (b) your violation of these Terms; (c) your reliance on Service data without independent verification; (d) a prohibited or regulated eligibility use; or (e) your violation of any third party right, including without limitation any intellectual property or privacy right.
10. Intellectual Property The Service and its original content, features, and functionality are owned by Northgate Leland, LLC and are protected by international copyright, trademark, and other intellectual property laws.
11. Termination We may terminate or suspend your account at any time for violation of these Terms. Upon termination, your right to use the Service will immediately cease, subject to any surviving rights under a completed screening Order and Addendum.
12. Changes to Terms We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms for ongoing use of the Service. Changes to these Terms do not rewrite a completed screening Order already accepted and paid or granted under a prior version; that Order remains governed by the versions and document hashes recorded in the acceptance receipt for that Order, except as required by law.
13. Governing Law and Dispute Resolution These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Except for claims seeking temporary or permanent injunctive relief for misuse of data, breach of confidentiality, infringement, or a security threat, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The seat of arbitration is Dallas, Texas. Judgment on the award may be entered in any court with jurisdiction.
14. Document precedence If documents conflict for a Bulk Screening Reports purchase, the following order controls unless a later signed writing expressly states otherwise: (1) a negotiated master agreement identified in the applicable Order; (2) the Order; (3) the Bulk Screening Addendum; and (4) these Terms.
15. Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16. Entire Agreement These Terms, together with our Privacy Policy (acknowledged for screening purchases, not incorporated as a contract term of those purchases unless expressly stated), Legal Disclaimer, and any applicable Order and Bulk Screening Addendum, constitute the agreement between you and Northgate Leland, LLC regarding the use of the Service. Section 14 controls conflicts for Bulk Screening Reports purchases.
17. Contact Us If you have any questions about these Terms, please contact us at legal@obituarymonitor.com.
ObituaryMonitor is a technology service owned and operated by Northgate Leland, LLC d/b/a ObituaryMonitor.