Please review this Terms of Use Agreement (“Agreement”). By accessing, browsing or using this website (hereinafter the “Website”), or by using the services offered in or through the Website, You accept and agree to be bound by these Terms of Use.
If You do not agree to be bound by these terms and conditions, You are not authorized to access or use the Website and You are to cease accessing or using the Website immediately.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Website and/or the services of Funeral Decisions Co. “Funeral Decisions” “us” or “we” means Funeral Decisions Co.
Funeral Decisions operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by You of the Website or the services offered in or through the Website shall be deemed to constitute acceptance of such changes.
FuneralDecisions.com is a website that allows You to be matched up with funeral homes, cemeteries or other providers for pre-need and at–need services (the funeral homes, cemeteries and other providers are hereinafter individually referred to as a “Provider” and collectively as “Providers”). Providers are independent from Funeral Decisions and are not employees, partners, affiliates or in any way related to Funeral Decisions. Funeral Decisions is not responsible for the acts or omissions of any Providers. The inclusion of any Provider on the Website does not imply approval or endorsement of the Provider by Funeral Decision and Funeral Decisions cannot guarantee and does not promise any specific results from the use of Providers.
The services offered by Funeral Decisions include the Website located at www.FuneralDecisions.com, and any other features, content, or applications offered from time to time by Funeral Decisions (collectively, the “Services”).
By accepting this Agreement, You are specifically authorizing Funeral Decisions and/or Providers to contact You regarding the Services and Your use of the Website. If you do not desire to have Funeral Decisions and/or Providers contact You regarding the Services and Your use of the Website, You are to cease accessing or using the Website immediately.
The Services are hosted in the United States of America.
This Agreement incorporates Funeral Decisions’ content displayed or published (“posted”) on the Website, and Your rights, obligations and restrictions regarding Your use of the Services.
Please read this Agreement carefully. If You do not understand or have any questions about this Agreement, please contact us by clicking here and we will respond as soon as possible. By checking the box below, You are indicating that You have fully read, understand, and intend to be bound by the terms and provisions of this Agreement. If You do not agree to be bound by this Agreement, please immediately leave the Website and terminate all use of the Services.
Funeral Decisions reserves the right, in its sole discretion, to reject or refuse to allow You to use the Services or to restrict, suspend, or terminate Your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of the Services is void where prohibited. By clicking the appropriate box below, You agree, covenant and warrant that:
- All information that You submit is truthful and accurate;
- You are at least 18 years of age; and
- Your use of the Services does not violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while You use the Website or Services.
- Fees. Funeral Decisions does not charge You a fee for the Services, however Funeral Decisions may receive compensation from the Providers to be included on the website and/or in the event you purchase products or services from the Providers.
- Proprietary Rights in Content on FuneralDecisions.com. All content posted by Funeral Decisions ("FuneralDecisions.com Content") is protected by copyright, trademark, patent, trade secret and other laws, for which Funeral Decisions owns and retains all rights thereto. Funeral Decisions hereby grants You a limited, revocable, nonsublicensable license to reproduce and display the FuneralDecisions.com Content (excluding any software code) solely for Your use in connection with viewing the Website and using the Services.
- Personal Identifiable Information. The Children's Online Privacy Protection Act ("COPPA") and other federal laws and regulations restrict the collection, use and disclosure of “Personally Identifiable Information” which is defined as: a first and last name; a home or other physical address including a street name and a name of a city or town; an email address; a telephone number; a social security number; or any other identifier that permits the physical or online contacting of a user. Funeral Decisions does not collect or require users to provide any Personally Identifiable Information as defined by COPPA, or other law, to use or access the Website. Funeral Decisions will only disclose Personally Identifiable Information when necessary to fulfill Your request to be contacted by a Provider. If Funeral Decisions ever determines that it has received Personally Identifiable Information of any individual under 18 years of age, it will delete such information as quickly and as confidentially as possible.
If You have any question concerning our privacy policies, the collection, or the use of Personally Identifiable Information, please contact us by clicking here and we will respond as soon as possible.
- Collection and Disclosure of Information. Funeral Decisions may collect and retain information about You (the “Information”). Funeral Decisions utilizes the Information solely to maintain and support the Services. Funeral Decisions does not publish or otherwise make such Information publicly available, other than in connection with the Services, nor does it disclose the Information on the homepage of the Website (or any other website) or to any affiliates, unaffiliated entities, or other third parties in any other way, for any other purpose, other than in connection with the Services. The Information may be disclosed to Providers in order to allow Providers the ability to service Your requests.
- Customer Disputes. You are solely responsible for Your interactions with Providers made available to you through this Website. Funeral Decisions reserves the right, but has no obligation, to monitor disputes between You and the Providers.
- Disclaimers and Liability. Funeral Decisions intends that the information contained in the Website will be accurate and reliable; however, errors sometimes occur. In addition, Funeral Decisions may make changes and improvements to the Website at any time. Under no circumstances will Funeral Decisions be liable for any loss or damage caused by Your reliance on information obtained through the Website. To the extent that the Website contains links to other websites, Funeral Decisions is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Funeral Decisions. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Funeral Decisions, when You access these third-party sites, You do so at Your own risk. Funeral Decisions takes no responsibility for third party advertisements that may be posted on its Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers or the Providers. Funeral Decisions is not responsible for the conduct, whether online or offline, of any user of the Services. Funeral Decisions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Website. Funeral Decisions is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in connection with the Services. Under no circumstances shall Funeral Decisions be responsible for any loss or damage, including personal injury or death, resulting from Your use of the Services or engagement of an Providers, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Funeral Decisions expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Funeral Decisions cannot guarantee and does not promise any specific results from use of the Services or engagement of any Providers.
- Limitation on Liability. IN NO EVENT SHALL FUNERAL DECISIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FUNERAL DECISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUNERAL DECISIONS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUNERAL DECISIONS IN CONSIDERATION FOR THE RIGHT TO ACCESS AND/OR USE THE SERVICES.
- Disputes. If there is any dispute about or involving the Services, You agree that the dispute shall be governed by the laws of the State of New Jersey, without regard to conflict of law provisions and You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey. Either Funeral Decisions or You may demand that any dispute between Funeral Decisions and You about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Monmouth County, New Jersey, provided that the foregoing shall not prevent Funeral Decisions from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Funeral Decisions, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of Your use of the Services, or Your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth herein.
- Miscellaneous. This Agreement is accepted upon Your use of the Website or any of the Services and is further affirmed by Your clicking below. This Agreement constitutes the entire agreement between You and Funeral Decisions regarding the use of the Services. The failure of Funeral Decisions to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement shall be effective on the date You click below.
I AM 18 YEARS OF AGE OR OLDER, I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.