January 16, 2018
Welcome to Funerals360, a website owned and operated by Funerals360 Inc. (“Funerals360”, “we”, “us”, “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Agreement”), govern your access to and use of www.funerals360.com (the “Website”), including any content and functionality offered on or through the Website and any other services (collectively “Services”) provided by Funerals360 related to the Website to Members (defined below) or Vendors (defined below).
Funerals360 users (“Users”, “you”, “your”) include individuals researching and/or planning funeral services (“Members”), other third parties offering products and services related to funerals (“Vendors”), and also those just visiting this Website (“Visitors”). The entity you are contracting with is Funerals360 Inc.. Please read the Agreement carefully as it creates a binding agreement between you or the Vendors you represent (your “Company”), and Funerals360 as of the date you access and use the Website (the “Effective Date”).
By accessing or using this Website in any manner, You accept and consent to be legally bound by and to abide by the then-current Agreement.
Funerals360 is not a funeral product or service provider, funeral vendor or an agent representative. We and the Website function solely as a neutral venue. Members and Vendors may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, we have no control over the quality, accuracy, safety, or legality of the transactions that take place based on introductions that occur on our Website, the accuracy of listings, or the ability of Vendors to provide items or services, and we are not responsible for the actions or inactions of Members or Vendors.
Members: You acknowledge the following: Funerals360 does not provide any of the products or services advertised or offered by Vendors. We do not endorse any Vendors, nor do we guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Funerals360 venue are not provided by us and are specifically and solely between you and the Vendors. Any transaction you enter into with a Vendor is strictly between you and the Vendor, and Funerals360 is not a party to that transaction. Any dispute you have with a Vendor is between you and the Vendor, and we will not be a party to that dispute.
We use screening techniques to help verify the identity of funeral Vendors when they register for memberships on our Website; however, Funerals360 cannot and will not guarantee each service provider's identity; nor can we guarantee their capabilities. We have implemented a user-managed feedback system to help you evaluate Vendors with whom you are considering transacting business. In addition, we cannot guarantee that information provided by or about Vendors on the Website is accurate. You should use Funerals360 as a starting point for identifying vendors to provide the products and services you need for a funeral, then conduct your own research to ensure that vendors you choose to do business with are appropriate for you.
Vendors: You acknowledge the following: Funerals360 does not and will not endorse you or your products or services. We are in no way responsible for the recommendations or comments posted about you or your services by Members on our site. Likewise we will not assist you to reach an agreement with Members; nor to assist you to provide goods and services to Members. While all Members are required to give us accurate information about themselves, we cannot and will not verify this information or guarantee the ability of Members to complete payment for any of the products or services you provide. Any transaction you enter into with a Member is strictly between you and the Member, and Funerals360 is not a party to that transaction. Any dispute you have with a Member is between you and the Member, and we will not be a party to that dispute.
Please return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Subject to full compliance with this Agreement, Funerals360 grants Users a limited, non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Website. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Website or any of its content for any purpose except for your personal or internal business use and as described in this Agreement, without the express written consent of Funerals360. Funerals360 may modify, update, suspend or discontinue the Website, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Funerals360 shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
There are currently no mandatory fees for Members to join Funerals360. Optional fee-based services are available for Vendors.
Members: There are currently no fee-based services available, but you may be required to register to access or use some parts of the Website.
Vendors: Vendors may opt into a Vendor Account to be listed in the vendor marketplace. Vendor listing options can be found under List Your Business. Vendors who participate in these optional fee-based service will pay a fee as outlined in the plan they select at the most current Funerals360 subscription rates.
Should you opt to purchase a fee-based program, you irrevocably and expressly authorize Funerals360 to debit any monies owed to us from the account that you have specified for payment. Should you authorize Funerals360 to debit monies owed on an ongoing basis, you warrant to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Website. We reserve our rights to pursue any and all actions and remedies to recover any monies owed to Funerals360. You will indemnify, defend and hold us harmless for any and all claims, demands or causes of actions that we take to recover money owed pursuant to this Section.
As a condition of your access and use of the Website and Services and your submission or access to any ratings, reviews, messages, communications, information, data, text, graphics, photographs, audio clips, audiovisual works, video, maps, icons, software, code, or other materials on the Website and Services (collectively, the “Content”) as well as the infrastructure used to provide such Content, you agree not to use the Website and Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Funerals360. By way of example, and not as a limitation, you agree not to:
violate this Agreement, any other applicable agreement with Funerals360, any applicable local, state, national or international law, or any rules and regulations having the force of law;
use the Website and Services in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
use the Website and Services or its Content for any purposes not authorized by this Agreement, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Website and Services for any commercial, educational, or any other non-personal purposes, without the express written consent of Funerals360;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website and Services;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Funerals360 or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
knowingly provide or submit false or misleading information;
use the Website and Services if you are under the age of thirteen (13);
take any action that would undermine the review and rating process under the Website and Services;
use the Website and Services in any way that could interfere with the rights of Funerals360 or the rights of other Users;
attempt to gain unauthorized access to any portion or feature of the Website and Services, or any other systems or networks connected to the Website and Services or to any server used by Funerals360 by hacking, password “mining” or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from or belonging to any other User;
transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and Services;
access, download, monitor, or copy any information contained on our Website and Services through artificial means (including but not limited to use any “deep-link”, “scraper”, “robot, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website and Services; or
probe, scan or test the vulnerability of the Website and Services or any network connected to the Website and Services, or breach the security or authentication measures on or of the Website and Services or any network connected to the Website and Services;
reverse look-up, trace or seek to trace any information on any other User or any other of our customers, including any Funerals360 account not owned by you, to its source, or exploit the Website and Services or any service or information made available or offered by or through the Website and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Funerals360 and provided for by the Website and Services.
We may require that you create an account to use or access certain parts of the Website and Services. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website and Service, you shall (i) provide Funerals360 with true, accurate, current and complete information as prompted by our registration forms, when registering for or using the Website and Services and (ii) update and maintain the truthfulness, accuracy and completeness of such information. You shall maintain the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
The Website may contain discussion forums, blogs, review services, or other mediums in which you or third parties may post reviews of funeral planning experiences or other content, messages, materials or other items on the Website (“Interactive Areas”). If Funerals360 provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.
Please be aware that by submitting Content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, tips, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Funerals360 a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Submission. You acknowledge that Funerals360 may choose to provide attribution of your comments or reviews at our discretion. You further grant Funerals360 the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Our Website acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the content in Interactive Areas of Funeral360. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submissions or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submissions before acting upon them. Funerals360 is not responsible for any losses you may incur as a result of relying on information listed in the Interactive Area, even if we were advised of the possibility of such losses.
By using any Interactive Areas, you expressly represent and warrant that you do not and will not post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
i. Any Submission that is false, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii. Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
iii. Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
iv. Submissions that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including Funerals360;
v. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
vi. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, and credit card numbers;
vii. Viruses, corrupted data or other harmful, disruptive or destructive files;
viii. Submissions that are unrelated to the topic of the Interactive Area(s) in which such Submissions are posted;
ix. Submissions or links to Submissions that, in the sole judgment of Funerals360, (i) violate the previous subsections herein, (ii) are objectionable, and (iii) which restrict or inhibit any other person from using or enjoying the Interactive Areas or the Site, or (iv) which may expose Funerals360 or its affiliates or its users to any harm or liability of any type.
Funerals360 takes no responsibility and assumes no liability for any Submission posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Submission provided by its users in any review, public forum, personal home page or other Interactive Area. Although Funerals360 has no obligation to screen, edit or monitor any of the Submission posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Submission posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Submission you post or store on the Website at your sole cost and expense.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submissions.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
Vendors: We cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the Website is the ability of Members to leave Ratings and Reviews about you and/or your services (whether positive, neutral or negative) AND for other Members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the Website, you shall NOT:
i. Attempt to restrict in any way a Member's right to post a review, by contract or otherwise;
ii. Offer a Member a bribe in any form in exchange for a review;
iii. Reuse the content of a Member feedback review from the Website on your own personal or business site, on any other third party website or on any of your own personal, business or third-party marketing or advertising materials, regardless of the form;
iv. Attempt to increase feedback by receiving multiple feedback entries from the same member;
v. Post or attempt to post, in any manner or by any means, a feedback review on your own account; or
vi. Misrepresent or impersonate a Member.
We welcome any comments regarding the Website. By submitting any ideas, suggestions comments or proposals to Funerals360 (collectively, “Feedback”), you agree that such Feedback is non-confidential and shall become our sole property, and you hereby assign all right, title and interest in such Feedback to us. To the extent rights to Feedback cannot be assigned to Funerals360, you hereby grant and agree to grant to us all rights needed for us to incorporate and commercialize the Feedback at no charge or encumbrance to us, to disclose the Feedback in any manner and for any reason, and to sublicense all Feedback in any form to any third party without restriction.
We own the copyrights to all content on this Website. The word marks “Funerals360”, “I’m Sorry to Hear”, the wing logo, and all other product or service names or slogans displayed on the Website are federal trademarks and/or common law trademarks of Funerals360 Inc, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Funerals360. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, also belongs to Funerals360 and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to seek injunctive relief.
13.1 DISCLAIMER. FUNERALS360 DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FUNERALS360 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE FUNERAL HOME, CREMATORIUM, CASKETS AND ANY OTHER FUNERAL PRODUCTS DISPLAYED ON WEBSITE (INCLUDING, WITHOUT LIMITATION, PRICING, PHOTOGRAPHS, LIST OF FUNERAL HOME SERVICES, AFFILIATIONS, LICENSES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
FUNERALS360 NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FUNERALS360. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FUNERALS360 DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM FUNERALS360, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend and indemnify Funerals360 and its affiliates and any of its officers, directors, employees and agents from and against all recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, arising from claims, causes of action or demands brought by third parties as a result of:
your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party;
your use of this Website, in whole or in part;
claims that any of your Submissions include materials owned by third parties without authorization, is defamatory, or harassing.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNERALS360, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO:
(I) THE USE OR INABILITY TO USE THE SITE AND SERVICES;
(II) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE WEBSITE AND SERVICES;
(III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT;
(IV) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES;
(V) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE WEBSITE AND SERVICES;
(VI) ANY OTHER MATTER RELATING TO THE WEBSITE AND SERVICES;
(VII) ANY BREACH OF THIS AGREEMENT BY FUNERALS360 OR THE FAILURE OF FUNERALS360 TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR
(VIII) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS).
This Website may contain hyperlinks to websites operated by parties other than Funerals360. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Funerals360 shall take all commercially reasonable measures to protect the security and confidentiality of customer personal data against any accidental or illicit destruction, alteration or unauthorized access or disclosure to third parties. However, we do not guarantee the security of our system, nor do we guarantee uninterrupted or secure access to our system, as the operation of our Website can be interrupted by numerous factors outside of our control.
This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of the state of Delaware without regard to its conflict of laws principles. Any claim or dispute related to or arising under the terms of this Agreement will be adjudicated in the state and federal courts located in Delaware and the parties expressly consent to the sole jurisdiction of such courts for resolving any such claim or dispute.
Your provision of services and/or your use of the Website does not confer or imply any contractor (independent of otherwise), joint venture, agency, partnership, or employment relationship exists between you, Funerals360. In no event shall you have authority to bind, commit, contract for, or otherwise obligate Funerals360 in any manner whatsoever.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
If you have any comments or questions regarding this Agreement, or wish to report any violation of these Terms of Service, please contact us at info@funerals360com. We will address any issue to the best of our abilities.