Privacy PolicyState-Specific Privacy PoliciesTerms of UseSMS/Text PolicyCookie PolicyTakedown PolicyApplication/Club Member AgreementFAQsTo Cremation Club
PLEASE READ THE FOLLOWING POLICY CAREFULLY.WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.This Privacy Policy is hereby effective on May 29, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.cremationclub.com (the “Website”), which is licensed by Club Holdings, LLC. (hereinafter, “CHS,” “Our,” “We” or “Us,” including all Affiliates). Terms that are capitalized herein, but which are not otherwise defined herein, are defined within Our Terms of Use, which can be found here.We respect the privacy rights of online visitors to the Website and recognize the importance of protecting the information collected from You. We have adopted this Privacy Policy to guide how We collect, store and use the information You enter into the Website. Please note that this Privacy Policy applies only to Our Website, and not to websites maintained by other companies or organizations which are accessed by hyperlinks that You may access from Our Website.If You have questions or concerns regarding this Privacy Policy, You should send Us an email (a “Notification”) at privacy@cremationclub.com
Introduction
In order to provide the products and services offered on Our Website, We may need to collect certain items of information (referred to as “Personally Identifiable Information” or “PII”). The PII that We collect may include Your full name, birthdate, gender, username, password, email address, physical mailing address, telephone number, credit card information and other information You decide to include in Your public profile. Our primary goal in collecting PII is to provide You with the products and services offered on Our Website, including, but not limited to, Our subscriptions, products and services, to communicate with You, and to manage Your registered user account, if You choose to have one.
Your Account
If You use Our Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. We reserve the right to refuse service, refrain from selling subscriptions and products, to terminate accounts, remove or edit content, or cancel orders, in Our sole discretion.
Information Collected Upon Registration
If You desire to have access to certain restricted sections of Our Website, You will be required to become a registered user, and to submit certain PII to Us. This happens in a number of instances, such as when You sign up for services on Our Website, or if you desire to receive marketing materials and information from Us. By becoming a registered user You consent to allow Us to use Your PII to market Our products and services to You, including, but not limited to, the products and services of any of Our Affiliates. If You decide at any time that You no longer wish to receive such information or communications from Us, please follow the unsubscribe instructions provided in any of the communications.
Log Data
When You visit Our Website, Our computer servers automatically record information (the “Log Data”) that Your browser transmits whenever You visit a website. This Log Data may include information such as Your IP address (which may or may not vary from time-to-time based on a number of factors), browser type, websites or domain(s) that You may have accessed prior to accessing Our Website, search terms You may have used conducting internet searches, and any advertisements that You may have clicked on. We use Log Data to monitor the use of Our Website to assist with the Website’s technical administration, to guide the manner and method by which We offer the products and services, and to assist us in refining Our marketing and other communications. We do not associate Your IP address with any of Your PII, except in those instances where it is necessary to do so to enforce Our Terms of Service or other policies, or in order to comply with the law.
SMS/Text Messaging
We may use SMS/Text Messaging to Your mobile device for a number of purposes, including, but not limited to, for marketing purposes, for notification purposes and for account user verification. To learn more about how we may utilize SMS/Text Messaging, and what effect this utilization may have on You and Your Privacy Rights, please review our SMS/Text Policy, which you can find here.
Cookies
Our Website uses cookies and other technologies to passively collect demographic information in order to personalize Your experience on the Website, to monitor the effectiveness of, and interaction with advertisements, and to track other activities. Cookies are small files downloaded to Your computer to track movements within websites and across multiple websites. To learn more about the Cookies that We may utilize, please review our Cookie Policy, which you can find hereWe may link cookie information to PII in certain instances, such as connecting cookies and PII to products or services You have selected for purchase on Our Website, or using cookies and PII to ensure that You do not see the same ad repeatedly. Also, We may link cookies to PII to deliver content specific to Your expressed interests or to monitor Your interaction with various webpages throughout the Website. Some of the cookies that are collected are collected by, or shared with, a third-party ad company that specializes in placing display ads on Our Website. However, these third-party ad companies would not also have access to Your PII, and in some instances, We may not have access to the cookie information collected by the third-party ad companies. Most browsers are automatically set to accept cookies whenever You visit a website. However, You can disable cookies within Your browser settings if You do not want this information collected and/or shared, or set Your browser to alert You when cookies are being transmitted. If You choose to disable cookies within Your browser please note that some areas of Our Website may not function properly if You do so. Please note that this Privacy Policy covers the use of cookies by Us as it pertains solely to the Website, and does not cover the use of cookies by any advertisers encountered on the Website or any websites operated by Our Affiliates. For information regarding the privacy policies of any website other than Our Website You should reach out to those third-parties.
Other Technologies
Other technologies implemented on Our Website may include clear GIFs. Clear GIFs also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to You because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message within which they are contained. We do not use clear GIFs to collect PII, however, We may use clear GIFs to capture statistical usage information about specific web pages, features or other elements on web pages contained across Our Website. We may correlate this statistical information to a specific user to personalize user experience and for statistical analysis of a user’s experiences on web pages contained across Our Website.
How Do You Delete Your User Account and PII?
If you would like to delete Your user account on Our Website, including Your PII, follow these steps set forth here in our Frequently Asked Questions.
What Happens to Your Deleted Data?
If you delete Your user account on Our Website, including Your PII, We are obligated to retain this information in a secure setting for up to seven (7) years as more fully-explained here in our Frequently Asked Questions.
Third Party Services
You may purchase products or register for services by accessing links placed on Our Website. Certain products or services available on Our Website may be offered in partnership with third-parties or Our Affiliates, and You may be required to either separately disclose PII to those third-parties or Our Affiliates, or to consent to allowing us to share Your PII, in order to purchase those products or to register for or access those services. Whether You separately disclose PII to those third-parties or Our Affiliates, or consent to allow Us to share Your PII, any PII received by those third-parties or Our Affiliates, and while in the possession thereof, will be subject to the privacy policy and practices of those third-parties and Our Affiliates. We are not responsible for the privacy practices and policies of any third parties or Our Affiliates, and therefore, You should review the privacy practices and policies of such third parties or Our Affiliates prior to providing Your PII or prior to consenting to allowing Us to share Your PII in connection with any products or services.
User Consent to Disclose
We may share or disclose Your PII at Your express direction, such as when You authorize a third-party web client or application to access Your account on the Website. By becoming a registered user You expressly consent to extending Your authorization to include certain trusted third-parties that We must engage to perform functions and to provide services to enable the Website to operate, including, without limitation, those functions and services related to hosting and maintenance of the Website, database storage and management, and direct marketing campaigns. If We share Your PII with these types of third-parties, We will do so only to the extent necessary to perform functions and services similar to the aforementioned, and only pursuant to binding contractual obligations requiring such third-parties to maintain the privacy and security of Your PII.
Law Enforcement
We will cooperate with government and law enforcement officials or private parties to enforce and comply with the law only to the extent that We are legally obligated to do so. Absent a lawful court order, We will reject requests for data from government, law enforcement officials or private parties. If a request for Your PII is made pursuant to a lawful court order, We will make commercially-reasonable efforts to inform You when such requests are made, unless We are legally forbidden to do so.
Business Transfers
We may sell, transfer or otherwise share some or all of Our assets, including Your PII, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of Your PII differs materially from that set forth in this Privacy Policy.
State-Specific Privacy Matters
You may be a resident of a particular state in the U.S. which may have privacy regulations that require certain specific notifications, special handling of requests, etc., which differ than those set forth within this Privacy Policy. To the extent that We offer goods or services within the state of which You are a resident, and to the extent that state is one those shown here , We ask that you check our state-specific documentation to verify whether You may have different and/or additional privacy rights than those outlined herein.
Changes to This Privacy Policy
We may revise this Privacy Policy from time to time at Our sole discretion. The most current version of this Privacy Policy will govern Our use of Your information and will always be at www.cremationclub.com/legal-policy/ or a similarly-structured link accessible from the Website. If We make a change to this Privacy Policy that, in Our sole discretion, is material, We will notify You via email to the email address associated with Your user account. By continuing to access or use the Website after those changes become effective, You agree to be bound by the revised Privacy Policy as it changes from time to time.
THIS SECTION CONTAINS ADDITIONAL INFORMATION RELEVANT TO RESIDENTS OF CERTAIN US STATES THAT HAVE THEIR OWN DATA PRIVACY LAWS AND REGULATIONS, AND ASSOCIATED RIGHTS. THIS CONTENT SHOULD BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY, ,WHICH CAN BE FOUND HERE. ANY TERM OR PHRASE THAT IS CAPITALIZED HEREIN, IF NOT OTHERWISE DEFINED HEREIN SHALL BE AS DEFINED WITHIN OUR PRIVACY POLICY OR WITHIN OUR TERMS OF USE, WHICH CAN BE FOUND HERE.
CALIFORNIA
If We are offering goods and Services in California, and if You are a resident of California as defined by the laws of the state of California, this state-specific information shall serve as Our “Notice at Collection,” which is a mandated disclosure about Our treatment of California residents’ information, both online and offline, as well as serving as Our “Notice of Financial Incentives.”
Notice at Collection
We may collect the following categories of personal information (as defined in the California Consumer Privacy Act (the “CCPA”) and the California Customer Records statute:Identifiers, such as Your name, email address, username and password, postal address, telephone number, signature, government-issued identifier, license plate number, IP address, and other similar identifiers.Characteristics of protected classifications and demographic information, such as Your gender, age, race, disability status, sexual orientation, gender identity, military/veteran status, marital status, national origin, and medical information.Commercial information, including information about Your interests and consuming history or tendencies, such as products or services considered; transaction information when You request information, contact Us, or purchase, return, request or exchange a product or service, including payment card information or other financial information; information provided in response to surveys or other research conducted by Us or on Our behalf; and information You provide in public forums.Internet or other electronic network activity information, including information regarding Your interactions with Us online and information We obtain from third parties about use of Our applications on third-party platforms or devices.Geolocation data, including precise or approximate location information provided by a mobile device or other device or product interacting with or detected by Our sites, applications, or physical properties, where we are permitted by law to process this information.Audio, electronic, visual, or similar information, including telephone call recordings, other voice recordings, and still or video images captured by cameras or readers on or around Our physical properties.Inferences based on the above.We collect this information so that we can best serve You, including to fulfill Your requests and to share offers or information that We think You may be interested in. As further described within Our Privacy Policy, We generally collect and use the above-listed categories of personal information to provide and manage the Website, applications, products, and services, and for other business or commercial purposes, such as advertising, marketing, and to improve Our products and services.Certain data collection on Our Website and applications by third parties for purposes of interest-based advertising and social media tools may be considered a “sale” or “sharing” under California privacy law. As defined by California law, we may “sell” or “share” certain data elements within the following categories of personal information: identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above.If You would like to opt out of the sale or sharing of Your personal information, You may follow the process outlined here in our Frequently Asked Questions. Please note that Your opt-out choice is specific to the Website and to the device and browser you are using.We retain each category of personal information that We collect for as long as necessary to fulfill the purposes described in our Privacy Policy, including to satisfy legal or reporting requirements. What this means in practice will vary for different types of information, but the criteria assessed in the data retention analysis will take into account ongoing business or legal needs for retaining the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.More information, including a description of your legal rights, can be found in the “California Privacy Rights” section below.
Additional Privacy Mandatory Disclosures
We also make the following disclosures for purposes of compliance with California privacy law:We may have collected the following categories of personal information in the last twelve (12) months: identifiers, characteristics of protected classifications and demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.The sources of personal information from whom We collected are: directly from applicants to purchase Our goods and services, actual purchasers of Our goods and services, as well as from third-party sites or platforms that You link with Your registration account (or authorize Us to link), analytics tools, social networks, advertising networks, and third-party services that update or supplement information We hold about You.The business or commercial purposes of collecting personal information are as summarized in our “Notice at Collection” section above, or as set forth below. As defined by applicable law, we “sold” or “shared” certain data elements within the following categories of personal information in the last twelve (12) months: identifiers, demographic information, commercial information, Internet or other electronic network activity information, approximate geolocation, and inferences drawn from the above. We “sold” or “shared” each category to or with entities who provide advertising, marketing, or audience measurement; other online third-party branded tools or functionality (such as maps or video players); and social networks.The business or commercial purposes of “selling” or “sharing” personal information is to assist Us with advertising, marketing, audience measurement, and other functionality on the Website or in connection with the goods and services that We may offer to You.We do not knowingly “sell” or “share” the personal information of minors under sixteen (16) years of age.We do not use or disclose sensitive personal information for purposes other than those specified in Section 7027(m) of the CCPA regulations.
Your California Privacy Rights
If You are a resident of California, You have the following rights:Right to Know | You have the right to request that We disclose to You the categories of personal information We have collected about You, as well as the sources of such personal information, the purposes, and the categories of third parties with whom such personal information is shared.Right to Access | You have the right to request, up to two (2) times each year, access to categories and specific pieces of personal information about You that we collect, use, disclose, sell, and share.Right to Delete | You have the right to request that We delete personal information that We collect from You, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Correct | You have the right to request that We correct inaccurate personal information that We maintain about you, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Opt Out of Sale or Sharing of Personal Information | You have the right to “opt out” of the “sale” or “sharing” of Your “personal information” to or with “third parties” (as those terms are defined by applicable law).Right to Request Removal of Content | If You are a California resident under the age of eighteen (18), or the legally-established representative thereof, and You are a registered user of Our Website, or a purchaser of Our goods and services, California Business and Professions Code Section 22581 permits You to request and obtain removal of content or information You have publicly-posted. Likewise, in accordance with Our Takedown Policy, which You can find here, we reserve the right to curate content or information that You may have posted on Our Website.Shine the Light | California Civil Code Section 1798.83 permits You to request information regarding the disclosure of Your personal information Us to third parties for the third parties’ direct marketing purposes.Right Not to Receive Discriminatory Treatment | You have the right not to receive discriminatory treatment for the exercise of Your privacy rights. If You choose to exercise any of these rights, You will not receive different prices or quality of goods or services unless permitted by applicable law, including if those differences are reasonably related to Your information. For example, if you exercise Your right to opt out of “sale” or “sharing” of Your information, Your access to Our goods and services (and any associated benefits) will not be impeded by Us, however, Our ability to identify Your interest in Our goods and services, or Our ability to deliver any associated benefits may be impacted if We are otherwise unable to “sell” or “share” Your information with third-parties which specialize in analyzing data to obtain the insights necessary to deliver Our goods and services or any of the associated benefits.
Exercising Your California Privacy Rights
If You are a resident of California, if You wish to exercise Your privacy rights under California law, please act in accordance with the instructions set forth below. Please note that requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or which calls for information exempt from that action sought by the requester.Making Requests to Know, Access, Delete, or Correct Your Personal Information | To make a request to know or access, or to make a request for deletion or correction, please complete the form located here. Before completing Your request, We may need to verify Your identity or email address, and We may request additional documentation or information solely for the purpose of verifying Your identity. If You wish to use an authorized agent to submit a request to know or access, or to make a request for deletion, correction, or opt-out on Your behalf, the authorized agent must have Your signed permission to submit a request on Your behalf or provide proof that they have power of attorney or legal standing in accordance with applicable law. Before completing requests from authorized agents We may contact You directly to confirm that You have given your Permission to the authorized representative, and/or to verify Your identity. Authorized agents should also complete the form located here when making a request on Your behalf.Making Requests to Opt Out of the Sale or Sharing of Personal Information | To submit a request to “opt out” of the “sale” or “sharing” of Your “personal information,” You may follow the instructions set forth within our Frequently Asked Questions section located here.Making Requests for Removal of Content | California residents under the age of eighteen (18), or the legally-established representative acting on behalf thereof, may make requests to remove content by completing the form located here, or by sending an email to privacy@cremationclub.com. Any request that You make for the removal of content must contain a detailed description of the specific content or information that You are requesting be removed. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information You have posted, and also, that there may be circumstances in which the law does not require or allow removal even if requested.Making Shine the Light Request | To make a request for information under the Shine the Light Act, please send an email to privacy@cremationclub.com.
Notice of Financial Incentives
We may offer various and different loyalty or promotional programs that provide certain benefits to You or others. For example, We may provide special offers or discounts as part of certain programs, promotional campaigns, subscriptions, or other offerings. We may also provide discounts if You sign up to receive marketing messages or if You claim a specific offer. We refer to these various programs and offerings as the “Program.”To learn more about the details of the Program, including the material terms, please visit the Terms and Conditions and/or the Benefits Disclosure Statement , both of which are located on Our Website, where You can review the specific terms of the Program and learn how to discontinue obtaining the benefits provided by the Program.In general, We collect personal information to support and fulfill the Program, which could include identifiers, demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. For additional details on the types of information We may collect, please see Our Privacy Policy in general, or more specifically, review the “Notices of Collection” section above. Because We collect personal information, the Program may be considered to be “financial incentives” or “price or service differences” under applicable law.To the extent the Program is reasonably related to the value of Your personal information, the method for calculating this value would include the expenses related to Our offer (such as the costs of providing discounts, free shipping, or other promotions, intellectual property or marketing costs, and other related expenses). The value of Your personal information that We collect will vary depending on the specific facts and circumstances related to how We engage with You.
Contact Information | Making an Appeal
If you have a question about any aspect of Our privacy policies and information practices, or if you wish to request reconsideration of any decision that We make as it pertains to any request made hereunder, please send an email to privacy@cremationclub.com.
COLORADO
If We are offering goods and Services in Colorado, and if You are a resident of Colorado as defined by the laws of the state of Colorado, Colorado law provides You with the rights listed below.Right to Access | You have the right to know and see what personal data We have collected about You in a usable format.Right to Delete | You have the right to request that We delete personal information that We collect from You, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Correct | You have the right to request that We correct inaccurate personal information that We maintain about you, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Opt Out of Targeted Advertising and Sale of Personal Information | You have the right to “opt out” of “targeted advertising” and the “sale” or “sharing” of Your “personal data” (as those terms are defined by applicable law).
Exercising Your Colorado Privacy Rights
If You are a resident of Colorado, if You wish to exercise Your privacy rights under Colorado law, please act in accordance with the instructions set forth below. Please note that requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or which calls for information exempt from that action sought by the requester.Making Requests to Know, Access, Delete, or Correct Your Personal Information | To make a request to know or access, or to make a request for deletion or correction, please complete the form located here. Before completing Your request, We may need to verify Your identity or email address, and We may request additional documentation or information solely for the purpose of verifying Your identity.If You wish to use an authorized agent to submit a request to know or access, or to make a request for deletion, correction, or opt-out on Your behalf, the authorized agent must have Your signed permission to submit a request on Your behalf or provide proof that they have power of attorney or legal standing in accordance with applicable law. Before completing requests from authorized agents We may contact You directly to confirm that You have given your Permission to the authorized representative, and/or to verify Your identity. Authorized agents should also complete the form located here when making a request on Your behalf.Making Requests to Opt Out of the Sale or Sharing of Personal Information | | To submit a request to “opt out” of the “sale” or “sharing” of Your “personal information,” You may follow the instructions set forth within our Frequently Asked Questions section located here.
Notice of Financial Incentives
We may offer various and different loyalty or promotional programs that provide certain benefits to You or others. For example, We may provide special offers or discounts as part of certain programs, promotional campaigns, subscriptions, or other offerings. We may also provide discounts if You sign up to receive marketing messages or if You claim a specific offer. We refer to these various programs and offerings as the “Program.”To learn more about the details of the Program, including the material terms, please visit the Terms and Conditions and/or the Benefits Disclosure Statement , both of which are located on Our Website, where You can review the specific terms of the Program and learn how to discontinue obtaining the benefits provided by the Program.In general, We collect personal information to support and fulfill the Program, which could include identifiers, demographic information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. For additional details on the types of information We may collect, please see Our Privacy Policy in general, or more specifically, review the “Notices of Collection” section above. Because We collect personal information, the Program may be considered to be “financial incentives” or “price or service differences” under applicable law.To the extent the Program is reasonably related to the value of Your personal information, the method for calculating this value would include the expenses related to Our offer (such as the costs of providing discounts, free shipping, or other promotions, intellectual property or marketing costs, and other related expenses). The value of Your personal information that We collect will vary depending on the specific facts and circumstances related to how We engage with You.
Contact Information | Making an Appeal
If you have a question about any aspect of Our privacy policies and information practices, or if you wish to request reconsideration of any decision that We make as it pertains to any request made hereunder, please send an email to privacy@cremationclub.com.
CONNECTICUT
If We are offering goods and Services in Connecticut, and if You are a resident of Connecticut as defined by the laws of the state of Connecticut, Connecticut law provides You with the rights listed below.Right to Access | You have the right to know and see what personal data We have collected about You in a usable format.Right to Delete | You have the right to request that We delete personal information that We collect from You, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Correct | You have the right to request that We correct inaccurate personal information that We maintain about you, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Opt Out of Targeted Advertising and Sale of Personal Information | You have the right to “opt out” of “targeted advertising” and the “sale” or “sharing” of Your “personal data” (as those terms are defined by applicable law).
Exercising Your Connecticut Privacy Rights
If You are a resident of Connecticut, if You wish to exercise Your privacy rights under Connecticut law, please act in accordance with the instructions set forth below. Please note that requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or which calls for information exempt from that action sought by the requester.Making Requests to Know, Access, Delete, or Correct Your Personal Information | To make a request to know or access, or to make a request for deletion or correction, please complete the form located here. Before completing Your request, We may need to verify Your identity or email address, and We may request additional documentation or information solely for the purpose of verifying Your identity.If You wish to use an authorized agent to submit a request to know or access, or to make a request for deletion, correction, or opt-out on Your behalf, the authorized agent must have Your signed permission to submit a request on Your behalf or provide proof that they have power of attorney or legal standing in accordance with applicable law. Before completing requests from authorized agents We may contact You directly to confirm that You have given your Permission to the authorized representative, and/or to verify Your identity. Authorized agents should also complete the form located here when making a request on Your behalf.Making Requests to Opt Out of the Sale or Sharing of Personal Information | | To submit a request to “opt out” of the “sale” or “sharing” of Your “personal information,” You may follow the instructions set forth within our Frequently Asked Questions section located here.Contact Information | Making an Appeal | If you have a question about any aspect of Our privacy policies and information practices, or if you wish to request reconsideration of any decision that We make as it pertains to any request made hereunder, please send an email to privacy@cremationclub.com.
UTAH
If We are offering goods and Services in Utah, and if You are a resident of Utah as defined by the laws of the state of Utah, Utah law provides You with the rights listed below.Right to Access | You have the right to know and see what personal data We have collected about You in a usable format.Right to Delete | You have the right to request that We delete personal information that We collect from You, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Opt Out of Targeted Advertising and Sale of Personal Information | You have the right to “opt out” of “targeted advertising” and the “sale” or “sharing” of Your “personal data” (as those terms are defined by applicable law).
Exercising Your Utah Privacy Rights
If You are a resident of Utah, if You wish to exercise Your privacy rights under Utah law, please act in accordance with the instructions set forth below. Please note that requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or which calls for information exempt from that action sought by the requester.Making Requests to Know, Access, Delete, or Correct Your Personal Information | To make a request to know or access, or to make a request for deletion or correction, please complete the form located here. Before completing Your request, We may need to verify Your identity or email address, and We may request additional documentation or information solely for the purpose of verifying Your identity. If You wish to use an authorized agent to submit a request to know or access, or to make a request for deletion, correction, or opt-out on Your behalf, the authorized agent must have Your signed permission to submit a request on Your behalf or provide proof that they have power of attorney or legal standing in accordance with applicable law. Before completing requests from authorized agents We may contact You directly to confirm that You have given your Permission to the authorized representative, and/or to verify Your identity. Authorized agents should also complete the form located here when making a request on Your behalf.Making Requests to Opt Out of the Sale or Sharing of Personal Information | To submit a request to “opt out” of the “sale” or “sharing” of Your “personal information,” You may follow the instructions set forth within our Frequently Asked Questions section located here.
Contact Information | Making an Appeal
If you have a question about any aspect of Our privacy policies and information practices, or if you wish to request reconsideration of any decision that We make as it pertains to any request made hereunder, please send an email to privacy@cremationclub.com.
VIRGINIA
If We are offering goods and Services in Virginia, and if You are a resident of Virginia as defined by the laws of the state of Virginia, Virginia law provides You with the rights listed below.Right to Access | You have the right to know and see what personal data We have collected about You in a usable format.Right to Delete | You have the right to request that We delete personal information that We collect from You, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Correct | You have the right to request that We correct inaccurate personal information that We maintain about you, subject to applicable legal exceptions, requirements and duties to which We may be subject.Right to Opt Out of Targeted Advertising and Sale of Personal Information | You have the right to “opt out” of “targeted advertising” and the “sale” or “sharing” of Your “personal data” (as those terms are defined by applicable law).
Exercising Your Virginia Privacy Rights
If You are a resident of Virginia, if You wish to exercise Your privacy rights under Virginia law, please act in accordance with the instructions set forth below. Please note that requests may be denied in whole or in part due to various factors including because a request was not verifiable, was not made by a consumer, was made multiple times, or which calls for information exempt from that action sought by the requester.Making Requests to Know, Access, Delete, or Correct Your Personal Information | To make a request to know or access, or to make a request for deletion or correction, please complete the form located here. Before completing Your request, We may need to verify Your identity or email address, and We may request additional documentation or information solely for the purpose of verifying Your identity.If You wish to use an authorized agent to submit a request to know or access, or to make a request for deletion, correction, or opt-out on Your behalf, the authorized agent must have Your signed permission to submit a request on Your behalf or provide proof that they have power of attorney or legal standing in accordance with applicable law. Before completing requests from authorized agents We may contact You directly to confirm that You have given your Permission to the authorized representative, and/or to verify Your identity. Authorized agents should also complete the form located here when making a request on Your behalf.Making Requests to Opt Out of the Sale or Sharing of Personal Information | To submit a request to “opt out” of the “sale” or “sharing” of Your “personal information,” You may follow the instructions set forth within our Frequently Asked Questions section located here.Contact Information | Making an Appeal | If you have a question about any aspect of Our privacy policies and information practices, or if you wish to request reconsideration of any decision that We make as it pertains to any request made hereunder, please send an email to privacy@cremationclub.com.
PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.These Terms of Use are hereby effective on May 29, 2024, and will apply to the website that you (hereinafter, “User,” “You,” “Your” or “Yourself”) are visiting, www.cremationclub.com (the “Website”), which is licensed by Club Holdings, LLC (hereinafter, “CHS,” “Our,” “We” or “Us,” including all Affiliates).
Privacy
Since it affects Your use of the Website, please review Our “Privacy Policy,” which can be found here and our “Cookie Policy,” which can be found here, both of which are incorporated herein by these references. By using the Website or purchasing products or services linked to or from the Website, You agree that We may collect, use and share certain portions of Your personal information in accordance with the terms of Our Privacy Policy and Cookie Policy.
Your Account
You may be required to register on the Website in order to access and use certain features. If you choose to register on the Website for any reason, you agree to provide and maintain true, accurate, current and complete information about Yourself. You must register using Your true identity (and the true identity of any party upon whose behalf you are acting), including the use of true names, mailing addresses, email addresses and telephone numbers. You agree to keep registration information current and up-to-date.By using the Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account and computer. You agree to accept responsibility for all activities that occur under Your account or password, or upon your computer. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.
License and Site Access
We grant You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify the Website, or any portion of it, except with Our express written consent. The limited license that we grant to You to use the Website does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resale, or otherwise exploit for any commercial purpose any portion of the Website without Our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information contained on the Website, including, but not limited to, images, text, page layout, fonts or associated pages or forms, without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, service marks or any other content shown on the Website without Our express written consent. You may not modify, attempt to modify, adapt, attempt to adapt, hack, or attempt to hack the Website. Any unauthorized use of the Website terminates any permission or license otherwise granted to You.You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website, its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Our logos or other proprietary graphics, trademarks, service marks or content as part of a link to any other web page without Our express written permission. You may not misrepresent Your relationship with Us or imply that either the Website or CHS sponsor, endorse, or is affiliated with Your website or products. Except as stated above, You are not given any other right or license to: (i) the content of the Website; or, (ii) any of Our owned or licensed intellectual property rights, whether associated with the Website or otherwise. This limited linking right may be taken away from You at any time at Our sole unfettered discretion.
Content Licensing and User’s Rights
You retain rights to any content that We authorize You to submit, post or display (the “User Content”) on or through the Website. By submitting, posting or displaying User Content on or through the Website, You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense for any purpose) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your User Content in any and all media or by the use of any distribution method (now known or later developed). You agree that this royalty-free license includes the right for Us to provide, promote, and improve the Website and to make User Content submitted to or through the Website available to other companies, organizations or individuals who partner with the Us for the syndication, broadcast, distribution or publication of User Content on other media and services, without limitation. Any user of the User Content by Us or other companies, organizations or individuals who partner with Us, shall be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through the Website. We may modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your User Content as We deem necessary, at Our sole discretion, to conform and adapt Your User Content to any requirements or limitations of any networks, devices, services or media with whom We are affiliated.You are responsible for Your use of the Website, for any User Content You provide, and for any consequences thereof. You understand that Your User Content may be syndicated, broadcast, distributed, or published by Our affiliates and partners, and if You do not have the right to submit Your User Content for such use, it may subject You to civil monetary liability. We will not be responsible or liable for any use of Your User Content in accordance with these Terms of Use. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit to the Website or to Us.
Illegal or Abusive Usage is Strictly Prohibited; Takedown Policy
You may not abuse, harass, threaten, impersonate or intimidate other users of the Website. You may not use the Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Specifically, You agree to follow all laws that apply to transmitting technical data exported from the United States or the country of Your residence. Should You be found to have engaged in illegal or abusive usage of the Website, We may suspend Your account or usage as applicable. We reserve the right (but not the obligation) to remove, without notice and in Our sole discretion, any of Your User Content that We believe contains false, inaccurate, defaming, or abusive information. We may, but have no obligation to, remove User Content and accounts that We determine, in Our sole discretion, are unlawful, violate any party’s intellectual property, or these Terms of Use. All of the aforementioned notwithstanding, Your User Content, Your use of the Website and any account that You create on the Website shall be subject to Our formal Takedown Policy, which can be found here, and which is incorporated herein by this reference.We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on the Website, nor do We endorse any opinions expressed by You or other users of the Website. You understand and acknowledge that by using the Website, You may be exposed to User Content created by others that You may deem to be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that may have been mislabeled or is otherwise deceptive. Under no circumstances will We be liable to You in any way for any User Content, or the effect of User Content upon You, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind, whether direct, indirect or of a special nature, incurred by Your or others as a result of Your use of the Website or of Your viewing of any User Content posted, emailed, transmitted or otherwise made available to You or others via the Website or broadcast elsewhere.
Website Transmission and User Data Usage
You understand and acknowledge that the technical processing, transmission, publishing and conveyance of the Website and any functionality associated therewith, including Your User Content, may be transferred unencrypted and involve: (a) transmissions over various non-private networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.We reserve the right, in Our sole discretion, to temporarily disable Your account if Your usage of the Website significantly exceeds limits that We may establish for any performance metric that We choose to measure. In most cases, We may, but are not obligated to, contact You before taking any action relative to Your User Content or account.
Electronic Communication
When You visit the Website, use Our online chat system or send emails to Us, you are communicating with Us electronically, and shall hold Us harmless in the event that You are damaged in any manner by relying upon these communications methods. You consent to receive communications from Us electronically, irrespective of the manner or method of these communications, including through the use of SMS text messaging, which shall be subject to our SMS Text Policy which you can find here. You understand, acknowledge and agree that all agreements, notices, disclosures and other communications that We provide to You electronically or otherwise, satisfy any legal requirement that such communications be in writing.
Modification to the Products or Service
We reserve the right at any time, at Our sole discretion, to modify or discontinue, temporarily or permanently, any part of the Website, or any service or product associated therewith, with or without notice.Fees associated with any of Our products and services, including, but not limited to, the fees associated with any Subscriptions, are subject to change upon reasonable notice to You from Us. Such notice may be provided at any time pursuant to the express terms of these Terms of Use. We shall not be liable to You or to any third-party, for any modification, change, suspension or discontinuance of products, services and subscriptions, or the fees associated therewith.Any new features or functionality that augment or enhance the Website, Our products or services, including the release of new tools and resources, shall be subject to these Terms of Use. Your continued use of the Website, products and services, after any such changes have been implemented, shall constitute Your consent to, and acceptance of, such changes.
Copyright, Trademarks, Service Marks or Trade Dress
All content included on the Website, such as text, page headers, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trade names, trademarks, service marks, scripts and software (collectively, the “Intellectual Property”, is Our Intellectual Property, or the Intellectual Property of third-parties who have granted Us the permission to use their Intellectual Property. All Intellectual Property is protected by United States and international copyright laws. The compilation of all content on the Website is Our exclusive property of Obituare and protected by United States and international copyright laws.
Third-Party Websites
The Website may contain links to third-party websites. We do not represent, guarantee, or endorse any website that You may access from the Website. In addition, if You access a link to another website from the Website, We do not make any representations, guarantees, or endorsements, implied or express, related to the linked-to website, or any company, product or service associated therewith. When You access a third-party web site in any manner, the linked site and its content are not under Our control. We are not responsible for webcasting, cookies, tracking methodologies or any other form of transmission that You may receive from any sites that You link to from the Website, and as such, You are solely responsible for protecting the integrity and privacy of Your computer system and data from viruses and other malicious intrusions that You may experience.
Applicable Law
By visiting the Website, You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between You and Us. All claims, legal proceedings or litigation arising in connection with Your use of the Website, or any purchase of products or services from Us, will be brought solely in the federal or state courts located in the city of Wilmington, Delaware, United States, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Indemnification
By visiting the Website, You agree to reimburse Us, and to hold harmless Our officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from Your violation of these Terms of Use.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THD WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TH WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; OR COMMUNICATION THAT YOU MAY CONDUCT ON OR IN CONNECTION WITH THE WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TH WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.WE DO NOT WARRANT THAT: (i) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) THE WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE AND RELIABLE; (iv) THE QUALITY OF THE WEBSITE, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND, (v) ANY ERRORS OR DEFICIENCIES IN OR ON THE WEBSITE, ANY PRODUCT OR SERVICE WILL BE CORRECTED.IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO ANY CLAIM THAT YOU MAY ALLEGE AGAINST US.THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF USE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
Entire Agreement
These Terms of Use, along with any policy or agreement referenced directly herein (or referenced indirectly as the result of a policy or agreement referenced directly herein), as well as any separate agreement(s) that You may have entered into with Us for the purchase of a product or service that is explicitly in addition to these Terms of Use, shall collectively represent the entire and exclusive agreement (the “Agreement”) between You and Us regarding the Website, products and/or services. No other person or entity will be a third-party beneficiary to the Agreement. We may revise these Terms of Use from time-to-time, at Our sole discretion. By continuing to access or use the Website, or any products or services, after revisions to these Terms of Use become effective, You agree to be bound by the revised Terms of Use.If You have any questions about these Terms of Use, please contact Us at legal@funeralocity.com.
PLEASE READ THE FOLLOWING POLICY CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS SMS TEXT POLICY.This SMS Text Policy is hereby effective on May 29, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.cremationclub.com (the “Website”), which is licensed by Club Holdings, LLC. (hereinafter, “CHS,” “Our,” “We” or “Us,” including all Affiliates). Terms that are capitalized herein, but which are not otherwise defined herein, are defined within Our Terms of Use, which can be found here. or within Our Privacy Policy, which can be found here.
Introduction
We value Your privacy and make every effort to respect Your wishes when it comes to how we handle Your personal information, including Your telephone numbers, and when We might use Your telephone device to communicate with You via SMS text message. Typically, We may use SMS text messaging in a number of ways, but the most prominent reasons for SMS text messaging involve: (i) the use of SMS text messaging for account security, such as for two factor authentication (“2FA”) purposes when We want to ensure that You have access to a numerical code to be used in conjunction with Your password when logging into Our Website or App; or, (ii) the use of SMS text messaging to provide notifications to You about a host of topics which are discussed in greater detail in the Opt Out section below.
Collection and Use of Phone Numbers
We collect Your phone numbers only when You voluntarily provide them to Us. For example, You may provide Your phone numbers to Us during the time when You are applying to become a customer, when You are entering Your profile information into Your account on the Website or App, when You complete a support form or when You sign up for Our promotional messages. If You provide Us with Your phone number, You are granting Us the permission to use Your phone number for any legitimate purpose until such time that You expressly withdraw Your permission.
Who May We Disclose Your Phone Numbers to?
We may disclose Your phone numbers to any third party with whom We are authorized to share Your personal information as encompassed within Our Privacy Policy.
You May be Able to Opt Out of Receiving Some or All SMS Text Messages
We may provide You with the ability to opt out of receiving SMS text messages in certain circumstances based upon the categories which are shown in the non-exhaustive list below:2FA | You can choose to use an alternative method of 2FA that does not involve the sending/receiving of SMS text messages, however, if You choose SMS text messaging as the manner in which You would like to receive Your 2FA verification, You cannot then opt out of using SMS text messaging for this purpose unless You provide Us with an alternative method of account validation (for instance, a 2FA code sent via email).Support | You can choose to use an alternative method of customer support that does not involve the sending/receiving of SMS text messages, however, if You choose SMS text messaging as the manner in which You would like to receive support communication, You cannot then opt out of using SMS text messaging for this purpose unless You provide Us with an alternative method of providing support to you (for instance, via online chat or via email).Notifications | You can choose to use an alternative method of receiving notifications that does not involve the sending/receiving of SMS text messages, however, if You choose SMS text messaging as the manner in which You would like to receive notifications, You cannot then opt out of using SMS text messaging for this purpose unless You provide Us with an alternative method of sending notifications to You (for instance, via email).Marketing | You can choose to opt out of allowing Us to send You marketing or promotional offers via SMS text messaging.
How do You Opt Out of Receiving Some or All SMS Text Messages
If at any time You wish to opt out of receiving SMS text messages, perform the following task(s) based upon the category:2FA | Change Your 2FA method to some method other than SMS text message within Your Profile on the Website or within the App.Support | Do not provide Your telephone number when completing the online support request form.Notifications | Change Your method of notification to some method other than SMS text message within Your Profile on the Website or within the App.Marketing | Reply to a marketing-related SMS text message with any of the following responses:Texting STOP to opt out; or,Texting UNSUBSCRIBE to opt out; or,Texting CANCEL to opt out; or,Texting QUIT to opt out.* Note that the opt out process for marketing-related SMS text messages may take up to ten (10) business days to become effective. During this period You may still receive marketing-related SMS text messages from Us.If You have questions or concerns regarding this SMS Text Policy, You should send Us an email (a “Notification”) at privacy@cremationclub.com
PLEASE READ THE FOLLOWING POLICY CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS COOKIE POLICY.This Cookie Policy is hereby effective on May 29, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.cremationclub.com (the “Website”), which is licensed by Club Holdings, LLC. (hereinafter, “CHS,” “Our,” “We” or “Us,” including all Affiliates). Terms that are capitalized herein, but which are not otherwise defined herein, are defined within Our Terms of Use, which can be found here. or within Our Privacy Policy, which can be found here.
Introduction; What are Cookies
We use cookies for a number of reasons, including, but not limited to: (i) for the purpose of enabling Us to recognize You when You are on the Website or when You are using any app that You may download at Our request (an “App”) in order to access Our products and services; and, (ii) for the purpose of improving the performance and security of Our Website and App; and, (iii) for the purpose of improving Your user experience. Cookies are small text files that websites or apps send to Your computer or other internet-connected devices to uniquely identify Your browser or to store information or settings in Your browser. When We place a cookie on Your device or within Your browser this is referred to as a “First Party Cookie,” which includes all of the strictly necessary cookies that support the basic operations of the Website and App, along with any additional First Party Cookies that We may deploy in an effort to satisfy the purposes set forth under subsections (i) through (iii) above.“Third Party Cookies” are placed by some other company, including service providers, social media platforms, and third-party advertising companies. Third Party Cookies can be read by these third parties when You visit other sites, including sites that You may link to from Our Website or App, allowing a profile of Your online behavior to be created so that the third party can deliver targeted ads to You.
What Categories of Cookies do We Deploy
We use Cookies that fall into one (1) of the three (3) categories identified below:Essential/Required Cookies | These cookies are essential for the operation of the Website and App and enable core Website and App functions, such as authentication, security, network management and accessibility. The information from these cookies is held exclusively by Us and is not shared with third parties. These cookies are either “session cookies” or “persistent cookies.” Session cookies are deleted from Your computer or device upon closing Your browser session, while persistent cookies remain stored on Your computer or device until You delete them manually or until they expire. You may be able to disable these cookies by changing Your browser settings, but this may affect how the Website or App function.Performance Cookies | These cookies allow Us to analyze how visitors use the Website or App, as well as to measure the responsiveness and other performance characteristics of the Website or App. Performance cookies allow Us to provide a quality experience by customizing Our offering to You, as well as to quickly identify and attempt to fix any issues that may arise while You are using the Website or App. For example, We might use performance cookies to keep track of what content is popular, to learn what links between pages are most effective, or to determine why some pages may be receiving particular error messages.Advertising Cookies | These cookies are used to show ads that are more relevant to You based upon information that You may have communicated to Us, requests that You may have made of Us, or how You have interacted with the Website or App. We may share this information with advertisers, use it to better understand Your interests, keep track of when visitors return to the Website or App, or to allow You to share certain pages with social networks. If You have agreed or asked, We may also use Your personal information to keep You up-to-date with information about Our products and services, or those of Our affiliates or business partners, to provide You with information about Benefits offered under the Program, or to provide You with special notices. Our affiliates or business partners will be required to keep Your personal information secure, and a data recipient that qualifies as a data processor will be required to process the Your personal information only in accordance with Our instructions in accordance with the express and implied terms of the Agreement that We have with You.While cookie technology evolves constantly, some of the currently-favored technologies include, but are not limited to:Pixel tags (also called web beacons), which are tiny graphic images and small blocks of code placed on website pages, ads, or in emails that allow Us to determine whether You have performed a specific action. When You access the pages or You open an email, the tag lets us know You have accessed the web page or opened the email. These tools allow us to measure response to Our communications and improve Our web pages and promotions.Server logs, which consist of information stored in a database of various activities that You have undertaken on the Website or App. These logs record information about the device You use to access the Website or App, Your operating system type, browser type, domain, and other system settings, as well as the language Your system uses and the country and time zone where Your device is located. Our logs also record the IP address of the device You use to connect to the Internet. An IP address is a unique identifier that devices require to identify and communicate with each other on the Internet. We may also collect information about the website You were visiting before You came to Our Website or App, as well as collecting information about the website You visit after You leave Our Website or App.
Does Anyone Else Use Cookies on Our Website or App?
We do allow certain Third Party Cookies on Our Website and App. We may allow third parties to serve cookies to help identify fraudulent or automated traffic on the Website or App, or for other like purposes. We may also allow third parties to serve cookies to help Us with market research, to improve functionality of the Website and App, and to enforce Website or App terms and policies.For example, like many companies, we use Google Analytics to help Us evaluate Our Website and App traffic. You can see how Google Analytics uses cookie information across various websites by visiting https://policies.google.com/technologies/partner-sites, or any successor webpage that Google may provide. We also use Meta (formerly Facebook) Pixel to collect and process website usage data. You can see how Meta Pixel uses cookie information across various websites by visiting https://www.facebook.com/business/help/471978536642445?id=1205376682832142, or any successor webpage that Meta may provide.The Website and App may enable You to interact with Us and others via social media platforms such as Google, Facebook or LinkedIn. This type of functionality is enabled using social media cookies and tags, and may allow certain streamlined functionality such as allowing You to sign in to the Website or App using social media platform credentials. Please read the privacy statements provided by Your social media platforms to understand how they use Your information and to manage Your choices as it pertains to them.
Opting Out of The Use of Cookies
You can manage cookies on the Website and App through the "Manage Cookies" link (located at the bottom of each), and, for example, opt-out of cookies that are used for targeted advertising or which involve the sale or sharing of Your personal information. In addition, Your browser may allow You to disable cookies, and third-parties who control Third Party Cookies may provide an opt-out for those cookies. In most cases, the choices You make are linked to Your browser. If You use different browsers or different devices, You will need to set Your preferences on each one. Please note that if You use Your browser settings to block all cookies, or if You opt-out of a cookie, You may not be able to access all or parts of the Website or App. Also, when You opt-out of personalized advertising You may continue to see online advertising on the Website or App, and/or on other websites and online services.On some targeted ads located on the Website or App You may see an AdChoices icon. You may click on this AdChoices icon to learn more information about the collection and use of Your information in that particular instance, or to opt-out of such collection in the future.Additional information on cookies and online advertising choices are offered by:Adobe Marketing Cloud | If You would like more information on how to remove Yourself from the tracking and reporting functions performed for this website by Adobe Marketing Cloud, please visit the Opt-Out page at https://www.adobe.com/privacy/marketing-cloud.html.Industry Sponsored Programs | You can also take advantage of industry-sponsored programs that allow You to control the way companies advertise to You.The Network Advertising Initiative (“NAI”) manages an opt-out program for many third-party advertising companies. You can opt out of being targeted by NAI members by visiting https://thenai.org/opt-out/.The Digital Alliance Consumer Choice (“DACC”) organization offers a tool that may prevent some cookies from being installed on Your device. To learn more about DACC or the tool offered by DACC, please visit https://optout.aboutads.info.Although neither the Website or App currently have a mechanism to recognize the various web browser “Do Not Track” signals, We do offer You with various choices to manage Your preferences as described above. This notwithstanding, to learn more about browser tracking signals such as the “Do Not Track” symbol, please visit https://www.allaboutdnt.com.
PLEASE READ THE FOLLOWING POLICY CAREFULLY. WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TAKEDOWN POLICY.This Takedown Policy is hereby effective on May 29, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.cremationclub.com (the “Website”), which is licensed by Club Holdings, LLC (hereinafter, “CHS,” “Our,” “We” or “Us,” including all Affiliates). Terms that are capitalized herein, but which are not otherwise defined herein, are defined within Our Terms of Use, which can be found here.If You post User Content to the Website that is deemed potentially defamatory to a third-party, or if Your User Content potentially infringes upon the Intellectual Property of a third-party, You may be held liable for monetary damages as a result of Your actions.This Takedown Policy sets forth the process by which third-parties (hereinafter, “Third-Party(ies),“ “They,” “Them” or “Their”) can contact Us to request that We takedown Your User Content which is demonstrated to be potentially defamatory to, or Your User Content which potentially infringes upon the property rights of, that Third-Party. If a Third-Party who may be potentially affected by either User Content or Our Content (as these phrases are defined below, collectively, the “Website Content”), this Takedown Notice provides that Third-Party with the process whereby They can request that We take down Website Content that They believe is either defamatory to Them, or which They believe infringes upon Their property rights.As a responsible website publisher, We support the protection of the reputation and intellectual property rights of all Third-Parties. We do not edit or pre-vet any content that a User posts (“User Content”) to the Website. As it pertains to content that we place (“Our Content”) on the Website, We take all commercially reasonable efforts to ensure that We are not violating the intellectual property rights of Third-Parties. We operate under the notice and take-down process set forth within this Takedown Policy to review Website Content that a Third-Party believes is either defamatory to Them, or that a Third-Party believes infringes upon Their copyright, trademark or other Intellectual Property right.Upon receipt of appropriate notification (a “Notification”) from a Third-Party of a claim (a “Claim,” as further described below), and upon Our review of a Claim, where We deem it appropriate in Our sole discretion, We may take down or disable access to the Website Content that is demonstrated to be defamatory to, or infringing upon the rights of the Third-Party registering the Claim. All Third-Parties should take notice that providing false or misleading information in the Notification of a Claim may result in civil and/or criminal liability to the Third-Party.
Notice and Procedure for Making a Claim of Defamation
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT A THIRD PARTY BELIEVES THEY HAVE BEEN DEFAMED BY WEBSITE CONTENT. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.If a Third-Party believes that any Website Content contains statements that are defamatory to Them, They must send a Notification to Us at legal@cremationclub.com, providing Us with all of the specific information set forth below. The sending of the Notification with all of the specific information set forth below constitutes a “Claim.” A Third-Party that sends a Claim may be referred to hereinafter as an “Affected Party.” The mere sending of a Claim by a Third-Party, and Our reference hereafter to that Third-Party as an Affected Party, does not confer upon that Third-Party any specific status, nor is Our reference to a Third-Party that files a Claim as an Affected-Party an admission of any type as it pertains to the Claim alleged by the Third-Party.If a Third-Party believes that They have been defamed, Their Claim must include the following:Their contact information including Their name, postal address, telephone number, email address and occupation, if applicable.Identification of the Website Content and the URL location of the content on the Website (where possible, cut and paste the URL in the Notification) that They believe is defamatory to Them.A statement as to why They believe the Website Content is defamatory to Them, the specific language that is untrue, and an estimate of any and all specific damages that They are alleging to have suffered as a result of the defamation that They are alleging.A good faith statement, submitted under the penalty of perjury, that the information provided by Them in the Claim is accurate and true.
Notice and Procedure for Making a Claims of Copyright, Trademark or Intellectual Property Infringement
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT A THIRD PARTY BELIEVES THAT WEBSITE CONTENT INFRINGES UPON A COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT THAT THEY OWN. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.If a Third-Party believes that any Website Content contains material that consists of a copyright, trademark or other Intellectual Property right that They own, They must send a Notification to Us at legal@cremationclub.com, providing Us with all of the specific information set forth below. The sending of the Notification with all of the specific information set forth below constitutes a “Claim.” A Third-Party that sends a Claim may be referred to hereinafter as an “Affected Party.” The mere sending of a Claim by a Third-Party, and Our reference hereafter to that Third-Party as an Affected Party, does not confer upon that Third-Party any specific status, nor is Our reference to a Third-Party that files a Claim as an Affected-Party an admission of any type as it pertains to the Claim alleged by the Third-Party.If a Third-Party believes that copyright, trademark or other Intellectual Property has been improperly placed on the Website, Their Claim must include the following:Their contact information including Their name, postal address, telephone number, email address and occupation, if applicable.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright, trademark or other Intellectual Property right that is allegedly being infringed.Identification of the Website Content and the URL location of the content on the Website (where possible, cut and paste the URL in the Notification) that They believe infringes upon Their copyright, trademark or other Intellectual Property right.Copies of the official registration of the allegedly-infringed copyright, trademark or other Intellectual Property right, certified by the appropriate governmental authority of record which had previously-issued formal registration thereof, reflecting that the copyright, trademark or other Intellectual Property right is in an active status.A statement as to why They believe the Website Content infringes upon Their copyright, trademark or other Intellectual Property right, and an estimate of any and all specific damages that They are alleging to have suffered as a result of the defamation that They are alleging.A good faith statement, submitted under the penalty of perjury, that the information provided by Them in the Claim is accurate and true.
This Application/Club Member Agreement and accompanying Intake Form (collectively, the “Application”) is tendered as of the “Application Date” (as set forth below the signature affixed hereto of the individual submitting this Application) by the individual signing below as the “Applicant” to Club Holdings, LLC, (hereinafter, “CHS”) doing business as the “Cremation Club SM”), a Wyoming LLC with a mailing address of 1912 Capitol Avenue, Suite 500, Cheyenne, WY 82001.If this Application, once received and reviewed by CHS (the “Application Review Process”), results in the express written acceptance of Applicant by CHS as a “Club Member” (as hereinafter defined), said acceptance being at CHS’s sole unfettered discretion, the term “Application” or phrase “Application/Club Member Agreement” appearing herein or hereupon, shall be replaced in their entirety with the phrase “Club Member Agreement” (thereinafter, the “CMA”), references to “Applicant” shall be replaced with references to “Club Member” and the CMA shall be made effective as of the “CMA Effective Date” (as set forth below the signature affixed hereto of the individual granting Approval on behalf of CHS in conjunction with this Application), with no term or condition contained herein having lapsed between the Application Date and the CMA Effective Date, or thereafter, if applicable, unless said term or condition lapses or is changed by virtue of express language set forth herein.For ease of reference, the aforementioned parties may be referred to throughout this Application individually as a "Party" or collectively as the "Parties," and said reference shall not imply any agreement between the Parties until and unless the conditions for the CMA Effective Date to have occurred shall have been satisfied in their entirety.
A-1. Purpose.
The Applicant wishes to apply to become a “Club Member” in the Cremation Club SM (the “Club”), in order to take advantage of special benefits, offers and opportunities (the “Benefits”) made available incidental to an Applicant having attained status as an active Club Member. An express written approval by CHS of an Applicant’s request to become a Club Member, an example of which is set forth within the “Determination” section of Exhibit A (“Determination; Key Disclosures & Acknowledgements”), and the Applicant’s continuing satisfaction of all terms and conditions associated therewith, including, but not limited to, those terms and conditions set forth or referenced within this Application, shall qualify the Applicant as a “Club Member.”Together, the Club and Benefits may be referred to collectively as the ”Program.” A description of the Benefits to which a Club Member is entitled is set forth upon the Benefits Disclosure Statement (the “Statement”) which can be found on the Club website at www.cremationclub.com (the “Website”). The Benefits as set forth upon the Statement from time-to-time notwithstanding, the “Cremation Benefit,” as further discussed below in Section A-7, shall never change during the “Term” (as defined in Section A-4) of the CMA entered into by and between CHS and a Club Member.
A-2. Additional Agreements Policies and Acknowledgements.
This Application sets forth only a portion of the terms and conditions applicable to a Club Member’s participation in the Program. If granted approval to become a Club Member the Applicant hereby acknowledges and agrees to be further and additionally bound by the terms and conditions set forth within each of the following “Ancillary Agreements” and “Policies” all of which can be found on the Website:Ancillary AgreementsTerms of UseTerms and ConditionsPoliciesPrivacy PolicyCookie PolicySMS/Text PolicyTakedown PolicyIn addition, in the event that this Application is Approved, as part of the acceptance process to be undertaken by the Applicant, the Applicant agrees to acknowledge the disclosures set forth within the “Key Disclosures & Acknowledgements” section of Exhibit A by taking any action requested by CHS to signify the Applicant’s acknowledgement thereof, as well as acknowledging the Frequently Asked Questions (“FAQs”) published by CHS from time to time.
A-3. Confidentiality.
As part of the Application Review Process each Party may disclose to the other Party certain confidential financial health and business information which the disclosing Party desires to treat as confidential. The Terms and Conditions set forth a complete definition of the phrase "Confidential Information" but in general this phrase means any information disclosed to one Party by another Party either directly or indirectly in writing or orally without limitation that a Party reasonably intended to be treated as confidential.Each Party agrees not to disclose any Confidential Information to third-parties or to representatives of the receiving Party except to those third-parties employees agents or principals associated with the receiving Party who are required to have the information in order to evaluate or engage in discussions concerning the Application.In the event that this Application results in Club Member status being granted to the Applicant this Section A-3 shall lapse in favor of the Confidentiality provisions set forth within the Terms and Conditions.
A-4. Term.
The Term of a Club Member’s participation in the Club once and if granted Club Member status shall never expire until such time as the Cremation Benefit is delivered for the benefit of (“FBO”) the Member. The aforementioned notwithstanding the Term can be terminated pursuant to one (1) of the “Event(s) of Default” as defined within Section A-9.
A-5. Club Member Fees.
The “Club Member Fees” to be paid by an Applicant who is granted Club Member status shall be as set forth upon a “Club Member Fee Schedule” that will be provided to Applicant by CHS during the Application Review Process.
A-6. Benefits Subject to Change.
The Benefits offered through the Program other than the Cremation Benefit are subject to change or terminate without notice may require the payment of additional fees or may not be combined with any other offers or promotions all at the sole unfettered discretion of CHS.
A-7. Cremation Benefit.
The Cremation Benefit forms the core Benefit around which the Program is offered and as such the Cremation Benefit in effect as of the CMA Effective Date shall not be subject to modification or termination by CHS unless one (1) or more of the following conditions or events were to occur:(a) Club Member seeks to use the Cremation Benefit on or before three-hundred and sixty-five (365) days have passed subsequent to the CMA Effective Date; and/or(b) an “Event of Default” (as further defined and set forth in Section A-9) as determined by CHS in its sole unfettered discretion; and/or(c) an Early Termination by CHS as defined below.If any circumstance were to occur that met the conditions described within Section A-7(a) or Section A-7(b) the Cremation Benefit shall terminate automatically contemporaneously at the time that the condition occurred and CHS may exercise any remedy set forth in Section A-10. If any circumstance were to occur that met the conditions described within this Section A-7(c) the terms of Section A-12 shall apply.
A-8. Assignability of Club Member status or Benefits.
Neither a Club Member’s status nor any of the Benefits available to a Club Member through the Program are assignable or transferable by the Club Member to any third-party. Any attempt by a Club Member or any third-party acting on the Club Member’s behalf to sell buy gift convey exchange rent hypothecate assign or transfer the Club Member’s status or any of the Benefits or any attempt to use the Club Member’s status or any of the Benefits for a commercial purpose shall result in an immediate termination of the Club Member’s status as a Club Member without any compensation due thereto. Any action undertaken by the Club Member or a third-party acting on the Club Member’s behalf which is in contravention of this Section A-8 shall constitute an Event of Default.The aforementioned notwithstanding any third-party who is duly-authorized to act on behalf of the Club Member may request the use of a Benefit including but not limited to the Cremation Benefit if said request is FBO the Club Member in which event the duly-authorized third-party requester shall be referred to as the “FBO Requester.”
A-9. Event(s) of Default.
An Event of Default (or Events of Default if there are more than one (1)) shall be deemed to have immediately occurred if any of the following conditions are met:(a) it is determined that the Applicant provided inaccurate or false information on the Application or during the Application Review Process including but not limited to providing inaccurate or false information on the Intake Form; and/or(b) the Club Member fails to adhere to the payment schedule set forth upon the Club Member Fee Schedule (which is referred to hereinafter as a “Payment Default”); and/or(c) the Club Member or a third-party acting on the Club Member’s behalf takes any action in contravention of Section A-8; and/or;(d) the Club Member breaches any duty under the CMA the Ancillary Agreements or the Policies.The occurrence of an Event of Default shall be determined by CHS in its sole and unfettered discretion with the exception of a Payment Default which is subject to the standard of commercial reasonableness and which may be cured as set forth in Section A-11.
A-10. Remedy(ies).
The Applicant does not have any remedies in the event that the Applicant’s Application to become a Club Member is not approved. In the event that the Applicant is approved to become a Club Member the Terms and Conditions shall set forth the sole remedies available to the Applicant. In the event that this Application results in the Applicant being granted approval to become a Club Member as it pertains to the Applicant only this Section A-10 shall be superseded by the Remedy provisions set forth within the Terms and Conditions.As it pertains to CHS only, if an Event of Default occurs, the Club Member’s status as an active Club Member, and all rights associated therewith, shall be deemed to have terminated contemporaneously at the time that the condition occurred (a “Member Early Termination”), all Club Member Fees paid by the Club Member prior to the Member Early Termination shall be deemed to have been earned by CHS, and the Club Member shall have no recourse against CHS for any reason, including, but not limited to, for refunds of Club Member Fees that have been paid up to the effective date of the Member Early Termination. The retention by CHS of Club Member Fees paid prior to the Member Early Termination shall be deemed to be the retention of previously-earned Club Member Fees and shall not be considered to be liquidated damages.
A-11. Cure of Payment Default.
The occurrence of a Payment Default notwithstanding a Club Member can take advantage of the “Grace Period” to maintain the Club Member’s active standing within the Club. The Grace Period is set forth in greater detail within the Terms and Conditions.
A-12. Program Discontinuance.
Terms set forth within the Application, the CMA, the Ancillary Agreements, or the Policies notwithstanding, CHS may (i), discontinue the Club in its entirety in CHS’s sole unfettered discretion; or, (ii) discontinue the Club as to a particular Club Member if CHS’s performance is rendered impossible or commercially impracticable due to circumstances or occurrences beyond CHS’s control, including, without limitation, acts of God; flood, fire, earthquake, other potential disasters or catastrophes, such as epidemics, or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law, or action; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; telecommunication breakdowns, power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and any other reasons whatsoever beyond the control of CHS (each of which, a “CHS Early Termination”). In the event of a CHS Early Termination, all of CHS’s duties under the Club Member Agreement and the Ancillary Agreements, including, but not limited to, the duty to provide the Cremation Benefit set forth under Section A-7, shall be terminated and CHS shall repay all Club Member Fees paid by the affected Club Member(s) prior to the CHS Early Termination. Such repayment shall be deemed to be a “Refund” of previously-earned Club Member Fees and shall be considered to be liquidated damages, and upon the issuance of the Refund by CHS the Member waives and discharges any and all claims that Member may have had against CHS, under any legal theory, including, but not limited to, under theories of tort, breach of contract, state or federal statutory non-compliance or equity claims.
A-13. Survival of Application and Detrimental Reliance.
For the sole benefit of CHS, this Application shall be deemed to have survived the approval of an Applicant’s request to become a Club Member for the purpose of establishing an Event of Default as set forth within Section A-9, and further, CHS shall not have a duty to demonstrate that it detrimentally relied upon any inaccurate or false information provided by the Applicant to CHS during the Application Review Process in order for the inaccurate or false information to serve as the basis for the establishment of an Event of Default.
A-14. Governing Law, Dispute Resolution, and Class Action Waiver.
This Application shall be governed by the laws of the State of Delaware, without reference to conflict of laws principles. Except for claims within the jurisdiction of small claims court, any dispute, controversy, or claim arising out of, relating to or in connection with this Application, the CMA or the Ancillary Agreements, including the breach, termination or validity thereof, shall be finally resolved by arbitration pursuant to the American Arbitration Association Consumer Arbitration Rules. Claims shall be heard by a single arbitrator. The arbitration shall be conducted by virtual hearing via videoconference. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. The arbitral tribunal may not consolidate more than one (1) person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitral tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
A-15 Disclaimer.
The Club is a commercial service offered by CHS, which is a for-profit enterprise that is owned by a third-party that is not a Club Member. While the use of the word “Club” herein or in conjunction with any aspect of the Cremation Club SM service offering may be construed as representing a group of people organized for a common purpose, this organization is not for the purpose of forming a member-owned cooperative or mutual association. CHS’s use of the word “Club” is intended merely to describe an ingredient, quality, characteristic, function, feature, purpose, or use of CHS’s goods and/or services (as contemplated by 15 U.S.C. §1052(e)(1), and does not grant to or confer upon the Club Member, either expressly or implicitly, any ownership in CHS, in the Cremation Club SM service mark or in any other tangible or intangible asset owned or controlled by CHS, including, but not limited to, all intellectual property assets and contract rights (such as licenses).
A-16 Miscellaneous.
This Application shall bind and inure to the benefit of the Parties and their successors and permitted assigns, subject to any limitations imposed upon the Applicant herein. This Application may not be amended, nor any obligation waived, except by a writing signed by both Parties. Subject to the last sentence of Section A-14, in the event any term of this Application, or any Ancillary Agreement or Policy, is found to be void or otherwise unenforceable, the remainder of this Application shall remain valid and enforceable as though such term was absent upon the Application Date or CMA Effective Date, as the case may be.
Exhibit A
Disposition; Key Disclosures & Acknowledgements
Disposition
The completed processing of this Application will result in a determination by CHS as to whether an Application is “Approved” or “Declined,” and will be in a format similar to the following:Club Member Approved | Club Member DeclinedBy: _________________________________Name: _____________________________Title: _______________________________CMA Effective Date: _______________[Only if “Club Member Approved” marked above]Application Declined Date: ________[Only if “Club Member Declined” marked above]
Key Disclosures & Acknowledgements
The Applicant, if approved as a Club Member, acknowledges an understanding of the Key Disclosures & Acknowledgements set forth below:The Cremation Club SM is a commercial service offered by Club Holdings LLC a for-profit entity and being approved for Club Member status does not grant or confer upon a Club Member any ownership right or interest in Club Holdings LLC or any right or interest in any asset owned licensed or controlled by Club Holdings LLC including the Cremation Club SM service mark.The Club Member is not entitled to receive the Cremation Benefit until three hundred and sixty-five (365) days have passed subsequent to the effective date of the Club Member Agreement.The Club Member is not entitled to receive the Cremation Benefit if the Club Member’s status is not active at the time of the Club Member’s death.The Club Member is not entitled to receive the Cremation Benefit if all of the Club Member Fees due as of the Club Member’s date of death are not paid in full.If the Club Member’s status changes from active to inactive and then from inactive back to active once again the Cremation Benefit is not available until three hundred and sixty-five (365) days have passed subsequent to the most recent date when the Club Member’s status changed from inactive back to active.
"READ THIS FIRST" We are constantly adding to, refining and clarifying this list of FAQs, so please check back here often to learn the latest answers to frequently-asked questions. If You would like to make a request to have a particular issue addressed within these FAQs, or if You feel that a particular FAQ needs to be answered more clearly, feel free to make Your recommendation accessing any of the “Contact Us” alternatives.
BECOMING A MEMBER
How do I join the Cremation Club? The process involved in joining the Club is straightforward. First, complete Our online Membership Application, which can be found www.funeralocity.com/cremationclub/checkout. Our team will review Your Membership Application and make a determination as to whether You are eligible to become a Club Member.How much does it cost to join the Cremation Club? The “Membership Dues” that You would pay to become an “Active” Club Member are published on a “Membership Dues Schedule” that We will provided to You. The Club’s Membership Dues are subject to change at Our sole unfettered discretion, however, once You become a Member Your Membership Dues will never change as long as You maintain your initial Active Club Member status.How will I know if I am accepted as a Club Member? You will be notified via email about the status of Your Membership Application.What happens after I receive the email notifying Me of My acceptance as a Club Member? If You are accepted as a Club Member, within the email notifying You or Your acceptance You will be provided with contact information for your Navigator who can assist with any member requests or redemption of benefits. You will also receive a membership packet and individual member number.
PAYING FOR YOUR MEMBERSHIP
How do I pay my monthly or annual dues? Monthly or annual dues will be charged to the form of payment on file which You provided when applying to join Cremation Club.What are the payment alternatives that are available to Me to pay My Membership Dues? Generally, We strive to make available all of the most popular payment methods, including credit card payments from all major card issuers, debit card payments, and EFT.Can I change My payment method once I have already chosen a certain form of payment? Yes. You can change the form of payment and the source of payment at any time simply by reaching out to your membership Navigator to receive a link to change your payment information.What is the payment frequency for the payment of My Membership Dues? You have the ability to choose to have Your Membership Dues paid on a monthly recurring basis once each calendar month (a “Monthly Payment”), or on an annual recurring basis once each year for all twelve (12) calendar months (an “Annual Payment”). We refer to the alternative Monthly Payment and Annual Payment type that You choose as Your “Payment Schedule.”Can I change My Payment Schedule? Yes. You can change Your Payment Schedule at any time from a Monthly Payment to an Annual Payment, or from an Annual Payment to a Monthly Payment. Any change that You make to Your Payment Schedule will not take effect until Your next payment is due, and changing Your Payment Schedule will never result in a refund being issued to You. So, for instance, if You change Your Payment Schedule from an Annual Payment to a Monthly Payment, you will not receive a refund of any amounts associated with the remaining annual period, and then, the Monthly Payment will begin the first month after the annual period comprising Your prior Payment Schedule has passed.Can I change My Payment Date? Yes.Is there a grace period for if I pay My Membership Dues late? Yes. The “Grace Period” is twenty-eight [28] calendar days [four (4) calendar weeks] from the due date of Your bill. What this means is that if We receive Your payment on the twenty-ninth [29th] day after the due date of Your bill, that payment is late [which is referred to as a “Payment Default”] and Your Membership will be placed in an “Inactive” status retroactively back to the original due date of Your bill. Any monies that We receive from You after the Grace Period has passed will be refunded to You in the ordinary course of business.How frequently can I pay My Membership Dues late? One (1) time every twelve (12) months. If You pay Your Membership Dues late more than one (1) time over any running twelve (12) month period, You will not be eligible to take advantage of an additional Grace Period and Your Membership will be placed in an “Inactive” status immediately Your failure to make a payment on the payment due date. For example, if You had never had to take advantage of a Grace Period and You missed a Monthly Payment that was due on January 1st, you would have until January 29th to make Your payment within the Grace Period. Continuing with this example, if You made Your Monthly Payment on January 28th, You will have taken advantage of the Grace Period and You will not be eligible for another Grace Period until February 1st of the following year.What happens to My rights and privileges as a Club Member if My Membership is placed in an “Inactive” Status? If Your Membership is placed in an Inactive status, You lose all of Your rights and privileges as a Club Member, without exception, including, but not limited to, Your right to receive any of the Program Benefits such as the Cremation Benefit.Can I move My Membership from an Inactive status back to an Active status? Yes, but with conditions. In order to restore Your Inactive Membership to Active status, the following additional conditions must be met: (i) Your Membership must not otherwise be encumbered under an Event of Default; and, (ii) You must consent to the resetting of the Cremation Wait Period such that the Cremation Wait Period starts over again on date that We reclassify Your Membership from Inactive back to Active status and must run in its entirety without interruption before you are eligible to receive the Cremation Benefit. Said another way, if You allow Your Membership to become Inactive You will lose any portion of the Cremation Wait Period that You may have satisfied prior to going into Inactive status, and to move Your Membership back to an Active status is akin to becoming a new member all over again.
MANAGING YOUR MEMBERSHIP ACCOUNT
How do I change My Profile? If You need to update any of the information that We maintain about You, such as Your mailing address, legal name, marital status, name of next of kin, etc., simply reach out to your membership Navigator to update the information we have on file.Can I grant some other person access to My membership account? Yes. You can appoint “Authorized Representative(s)” who can be granted access to Your account. You can grant Your Authorized Representative(s) various rights, including the right to make changes to Your profile, to make changes to Your payment information and to discuss Your Club Membership with Us.How do I grant access to My membership account to an Authorized Representative? Reach out to your membership Navigator to make any changes to the account information we have on file.Can I update the contact information of an Authorized Representative, remove an Authorized Representative once appointed, or make changes to the level of authority that I have granted to an Authorized Representative? Yes. Reach out to your membership Navigator to make any changes to the account information we have on file.How do I cancel my Club membership? Reach out to your membership Navigator to make any changes to the account information we have on file. You may cancel at any time.
DATA SECURITY and DATA PRIVACY
Does the Cremation Club have a Privacy Policy? Yes. You can find a copy of Our broader Privacy Policy at: www.funeralocity.com/cremationclub/legal-policy/terms.Does the Cremation Club use My personal information? Yes, but with conditions. The following categories explain the conditions:Internal Purposes: The Club may use Your personal information for limited internal purposes, however, all of the Club’s employees and subcontractors who may access Your personal information for these limited internal purposes are thoroughly-vetted prior to hiring, and, all of the Club’s employees and subcontractors are required to enter into a binding non-disclosure agreement whereby they agree to undertake a duty to treat all of Your personal information as confidential. We define the phrase “Internal Purposes” as a use that furthers the underlying goals that led You to choose to join the Club, such as: (i) for the purpose of receiving, maintaining or enhancing the Benefits offered to You; (ii) for the purpose of testing the functionality delivered via the Club’s online platform; (iii) for the purpose of managing the administrative functions of the Club to ensure its continued operation; and, (iv) for other purposes similar in nature to those outlined in sections (i) thru (iii) above. Also, the phrase “Internal Purposes” is broadly-defined to include any entity affiliated with the Club through common ownership, though rest assured that affiliated entities adhere to all of the same data protection standards set forth herein.Alliance Purposes: The Club might use Your personal information for the purpose of negotiating for, implementing or delivering programs and offerings that enhance the Benefits that are available to You as a Club Member, however, any third-parties with whom We may engage as prospective or actual alliance members are required to enter into a binding non-disclosure agreement whereby they agree to undertake a duty to treat all of Your personal information as confidential. We define the phrase “Alliance Purposes” as a use that furthers the underlying goals that led You to choose to join the Club, such as: (i) for the purpose of receiving, maintaining or enhancing the Benefits offered to You; (ii) for the purpose of assisting You in purchasing or receiving other goods and services that You may find of value; and, (iii) for other purposes similar in nature to those outlined in sections (i) thru (ii) above.Legal and Regulatory Purposes: The Club might use Your personal information for the purpose of advocating for laws and regulations that enhance the Benefits that are available to You as a Club Member, or, for the purpose of complying with any legal duty or obligation that We believe We may have under any local, state or federal regulation, rule or statute.Can I opt out of allowing the Cremation Club to use My personal information? No. The Club is most effective when the collective power of all of the Members is aligned in supporting the Club. To effectively serve You by optimizing the Club’s Benefits, including the goods and services offered through alliances with third-parties, requires that You and the other Club Members allow Us to use Your personal information in the responsible ways described above.Does the Club sell My personal information? No, but with conditions. We may sell or share anonymized aggregated data (referred to as “Curated Data”), as long as a third-party in possession of the Curated Data could not identify You from the Curated Data. Here is a simple example of what is meant by Curated Data (this is by no means an exhaustive example): If a third-party asked us for a report showing the year of birth for all of the Club Members We may report this information simply by stating “. . . there are ‘x’ number of Members born in 1962, ‘y’ number of Members born in 1963, ‘z’ number of Members born in 1964, etc.” You would be aggregated somewhere within that report as a count of ‘1’ for the year of Your birth, but a third-party looking at the report would never be able to determine whether You were even one of the individuals whose information was contained within the aggregated results because Your personal information has otherwise been anonymized in this example and cannot be traced back or connected to You. Selling or sharing Curated Data is an example of using information within the custody and control of the Club for “Commercial Purpose(s).”What does the Club hope to achieve by making the Curated Data available for Commercial Purposes? Allowing the Club to use anonymized data for Commercial Purposes achieves a number of shared goals that benefit both the Club and its Members. For instance, using the Curated Data for Commercial Purposes provides the Club with additional resources to invest in enhancements to the Club’s online platform. Additionally, using the Curated Data for Commercial Purposes enables the Club to offset a portion of its operating expenses, which allows Us to continue to maintain the Club’s Member Dues at affordable levels. And lastly, by using the Curated Data for Commercial Purposes We may be able to obtain other data in exchange, that, when combined with the Curated Data, allows us to enhance the Club’s Benefits, products or services, all in an effort to better serve You.Can I opt out of allowing the Cremation Club to include My anonymized information within the Curated Data? No Does the Cremation Club store My personal information securely? Yes. For the purposes of understanding how securely We store Your personal information, We consider Your personal information as falling into two categories:Financial Information: Our third-party vendor (“Payments Vendor”) may store Member financial information.. We routinely and continually vet Our Payments Vendor to ensure that they are complying with all of the most up-to-date financial industry standards, including standards for legal compliance and data security.Other Information: We define “Other Information” as all of Your personal information, other than Financial Information, which is in Our possession, including data that You enter into the Club’s online platform. We do not maintain any of Your personal information in physical form—all of Your personal information that is in Our possession is held in digital form. All of Your personal information that We hold in digital form is encrypted at all times, including when the data is “in-transit” and “at-rest.” When data is “in-transit” it is traveling back and forth between computers. When data is “at-rest” it has arrived at a computer and is no longer “in-transit.” Your personal information can be “in-transit” and “at-rest” simultaneously, as well as being “in-transit” to, and “at-rest” on, multiple computers simultaneously. The only time that Your personal information could be at risk of being disclosed is when it is being displayed on a computer screen in its unencrypted form available for someone to see by looking over the shoulder of the authorized individual who is reading Your personal information.What does it mean to “encrypt” My personal information? Encrypting Your personal information means that a software program converts Your personal information to a series of randomly-generated numbers, letters and symbols, scrambling Your personal information so that it is unreadable by any other computer unless that other computer holds the digital “key” to Your personal information. The digital “key” to Your personal information is only made available to computers that We have expressly-authorized to have access to the digital “key,” and only those computers know where and how to use the digital “key,” thus ensuring that a bad actor cannot gain access to Your personal information.
ACCESSING CLUB BENEFITS
What is the process for obtaining the Cremation Benefit? Reach out to your membership Navigator and they will provide you with a personalized discount code or link to redeem your selected benefit. In the case of the Cremation Benefit, call your membership Navigator for redemption.IN ORDER TO OBTAIN THE CREMATION BENEFIT, YOUR AUTHORIZED REPRESENTATIVE MUST CALL CREMATION CLUB FIRST SO THAT YOUR MEMBERSHIP NAVIGATOR CAN CONNECT YOUR AUTHORIZED REPRESENTATIVE TO A FUNERAL HOME.
CONTACTING THE CREMATION CLUB
What alternatives are available for Me or My Authorized Representative to contact the Cremation Club? We maintain various communication tools which allow You and Your Authorized Representative(s) to communicate with Us:Online chat support can be accessed on www.cremationclub.com. Online chat support is generally available between the hours of 8:00 a.m. to 6:00 p.m. Eastern Standard Time from Monday through Friday, except for certain holidays. The days that We are available to respond to You will be referred to as “Business Day(s).”An online “Contact Us” support form can be accessed at www.cremationclub.com at all times. If You complete the “Contact Us” support form, this establishes a “Support Ticket” in our customer support system. This “Contact Us” support form asks that You provide Us with Your preferred method of Our response – email or telephone call. We will endeavor to respond to all Support Tickets within two (2) Business Days after We receive them.Phone Support can be accessed by calling 888-842-9009 and providing your name and membership number.**Please bear in mind that We can only discuss your account with those Authorized Representatives to whom You have granted the necessary level of authority to contact us.**1 Please note that capitalized terms shown herein are either defined within these FAQs, or defined within the Application/Membership Agreement, and the Ancillary Agreements and Policies referred to within the Application/Membership Agreement, and which are all incorporated herein by reference. The Membership Application/Agreement, Ancillary Agreements and Policies may be referred to collectively as the “Terms.” Any discrepancy between the language in these FAQs and the language in the Terms shall be controlled by the language in the Terms.2 In accordance with Footnote 1, within these FAQs and within the Terms, references to “I,” “You,” “Your,” “Yourself,” “My” and “Myself” refer to the individual who is: (i) reading, or who has read, these materials; (ii) accessing, or who has accessed, the Cremation Club’s Website or online portal at www.cremationclub.com; or, (iii) who is, was or may become a Club Member. References to “Cremation Club” or “Club” refer to the club as a product or service, while references to the “Our,” “We” or “Us,” refers to the entity which owns and operates the Cremation Club.