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 June 28, 2024, and will apply to the website that You (hereinafter, “User,” “You,” “Your” or “Yourself”) are visiting, www.funeralocity.com (the “Website”), which is licensed by MMH Technology, Inc., dba Funeralocity (hereinafter, “Funeralocity,” “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 non-exclusive 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 Funeralocity sponsors, endorses 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 Us for the syndication, broadcast, distribution or publication of User Content on other media and services, without limitation. Any use 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 do not assume 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 You 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.
Ancillary Agreements
If You are registering your funeral home on the Website to claim or verify Your funeral home’s profile, or to purchase a Subscription to an enhanced profile, You will be subject to the terms and conditions set forth with various additional “Ancillary Agreements,” all of which can be found under the Legal & Policy section of the Website.
Modification to the Products or Services
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 and is 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 website in any manner, the website 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 websites 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 THE WEBSITE OR THE INFORMATION, CONTENT OR 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 THE WEBSITE 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 OR 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 THAT 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 THE 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; OR, (ii) THE WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE AND RELIABLE; OR, (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; OR, (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 Ancillary 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 “Terms of Agreement” or “Terms”) between You and Us regarding the Website, products and/or services. No other person or entity will be a third-party beneficiary to the Terms of Agreement. We may revise any of the Terms of Agreement from time-to-time, at Our sole discretion. By continuing to access or use the Website, or any products or services, after revisions to any of the Terms of Agreement become effective, You shall be bound by the revised Terms of Agreement.If You have any questions about these Terms of Use, or any of the Ancillary Agreements and/or Policies, 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 PRIVACY POLICY.This Privacy Policy is hereby effective on June 28, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.funeralocity.com (the “Website”), which is licensed by MMH Technology, Inc., dba Funeralocity (hereinafter, “Funeralocity,” “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@funeralocity.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 user account 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 products and services, including Subscriptions, to communicate with You, and to manage Your 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 products and services, to terminate accounts, remove or edit content, or cancel orders, all in Our sole unfettered 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 Agreement, 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 here.We 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 web pages 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 the third-parties operating those websites.
Other Technologies
OOther 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 are 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 to 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 to them, 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 website or application to access Your account on the Website. By becoming a registered user You expressly consent to extending Your authorization for disclosure of Your PII 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, which may contain or store Your PII, in connection with a merger, acquisition, reorganization or sale of assets. 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 products 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 unfettered discretion. The most current version of this Privacy Policy will govern Our use of Your PII and will always be at www.funeralocity.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 unfettered discretion, is material, We may notify You via email sent to the email address associated with Your user account. By continuing to access or use the Website after any 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 products or 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 Website, services or products, whether or not 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 Website, products or services, 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 connected to devices which access Our Website.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 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 products and services, actual purchasers of Our products and services, as well as from third-party websites or platforms that You link with Your registration account (or authorize Us to link to), 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 products 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 products 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 by 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 products 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 products and services (and any associated benefits) will not be impeded by Us, however, Our ability to identify Your interest in Our products 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 products and services or any of the associated benefits.
Exercising Your California Privacy Rights
If You are a resident of California, and 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 more frequently than allowed under the law, 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@funeralocity.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@funeralocity.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.”Please visit the Website, where You can review the specific terms of the Program, if any exist, and learn how to discontinue obtaining the benefits provided by the Program, if any.In general, if a Program exists We would 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, a Program may be considered to be “financial incentives” or “price or service differences” under applicable law.To the extent a Program exists, and that 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@funeralocity.com.
COLORADO
If We are offering products 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, in a usable format, what personal data We have collected about You.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, and 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.”Please visit the Website, where You can review the specific terms of the Program, if any exist, and learn how to discontinue obtaining the benefits provided by the Program, if any.In general, if a Program exists We would 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, a Program may be considered to be “financial incentives” or “price or service differences” under applicable law.To the extent a Program exists, and that 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@funeralocity.com.
CONNECTICUT
If We are offering products 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, in a usable format, what personal data We have collected about You.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@funeralocity.com.
UTAH
If We are offering products 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, in a usable format, what personal data We have collected about You.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, and 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@funeralocity.com.
VIRGINIA
If We are offering products 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, in a usable format, what personal data We have collected about You.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, and 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@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 TAKEDOWN POLICY.This Takedown Policy is hereby effective on June 28, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.funeralocity.com (the “Website”), which is licensed by MMH Technology, Inc., dba Funeralocity (hereinafter, “Funeralocity,” “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 unfettered 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. If We choose to remove Website Content pursuant to a Claim, the removal is not deemed an admission of any type that the Website Content was as alleged within the Claim. The aforementioned notwithstanding, 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.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 unfettered 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. If We choose to remove Website Content pursuant to a Claim, the removal is not deemed an admission of any type that the Website Content was as alleged within the Claim. The aforementioned notwithstanding, 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@funeralocity.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@funeralocity.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 and was so as of the date that the Website Content was originally published.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.
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 June 28, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.funeralocity.com (the “Website”), which is licensed by MMH Technology, Inc., dba Funeralocity (hereinafter, “Funeralocity,” “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, (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, 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.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.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@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 COOKIE POLICY.This Cookie Policy is hereby effective on June 28, 2024, and will apply to You (hereinafter, “User,” “You” or “Your”) as a result of Your visit to, and use of, www.funeralocity.com (the “Website”), which is licensed by MMH Technology, Inc., dba Funeralocity (hereinafter, “Funeralocity,” “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, 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 Your personal information only pursuant to 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 web pages, ads, or in emails that allow Us to determine whether You have performed a specific action. When You access the web 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 utilize 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 policies.google.com, or any successor web page(s) 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 h www.facebook.com, or any successor web page(s) 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 accessible through the Website and App, and, for example, by opting-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, or you may not be able to use some or all of the functionality 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 www.adobe.com.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 thenai.org.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 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 www.allaboutdnt.com.
THIS MASTER SERVICES AGREEMENT [“MSA”] IS GOVERNED BY THE FUNERALOCITY TERMS OF SERVICE ATTACHED HERETO BY MMH TECHNOLOGY, INC., dba FUNERALOCITY [“FUNERALOCITY”]. YOU (AS THE “CLIENT”) ACKNOWLEDGE YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED WITHIN THIS MSA: (i) BY EXECUTING A SALES ORDER FORM THAT REFERENCES THIS MSA; OR, (ii) BY USING OR ACCEPTING ANY SERVICE FROM FUNERALOCITY. IF YOU ARE ENTERING INTO THIS MSA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (ALSO A “CLIENT”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS MSA, IN WHICH CASE THE TERMS "YOU" OR "YOUR" CONTAINED HEREIN SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE RIGHTS AND DUTIES OF THE PARTIES AS SPECIFIED WITHIN THE ToS OR AS SPECIFIED WITHIN THIS MSA, YOU MUST NOT, AND MAY NOT, USE THE FUNERALOCITY WEBSITE OR PLATFORM, NOR RECEIVE ANY OF THE BENEFITS ASSOCIATED THEREWITH.WHEREAS, the Client desires to purchase certain specified Services, primarily consisting of access to the Funeralocity Website and Platform, along with the Benefits associated therewith, as set forth upon a Sales Order Form; and,WHEREAS, Funeralocity desires to sell the Services, consisting of access to the Funeralocity Website and Platform and the Benefits associated therewith; and,NOW WHEREFORE, both Parties acknowledge and agree that the terms and conditions under which Services, access to the Funeralocity Website and Platform, along with the Benefits associated therewith, will be purchased by the Client, and the terms and conditions under which the Services, access to the Funeralocity Website and Platform, along with the Benefits associated therewith will be sold by Funeralocity, shall be contained within the Terms of Service (the “ToS,” attached hereto as Exhibit 1 and incorporated herein by this reference), within this MSA and within any Sales Order Form (the “Sales Order Form,” attached hereto as Exhibit 2 and incorporated herein by this reference) and the Service Level Agreement (the “SLA,” attached hereto as Exhibit 3and incorporated herein by this reference) as well as within any additional Exhibits, Schedules or Attachments associated therewith (all of which shall be considered as part of the “Agreements,” as this term is further defined within the ToS).
1.0 | ADDITIONAL DEFINITIONS
The following Additional Definitions shall supplement the Definitions contained within the ToS at Section 1.0:"We", "Us" or "Our" means the Funeralocity-affiliated company described within Section 6.0 herein;"You", "Your" or “Client” means You as an individual, or the Company, its Affiliates or other legal entity for the benefit of, and on behalf of whom, You, as the Authorized Individual, have bound to this MSA.
2.0 | SERVICES TO BE PURCHASED BY CLIENT
2.01 | General. Unless otherwise provided on the Sales Order Form associated with this MSA: (a) all Services purchased by the Client, including any support associated therewith, may be provided by Funeralocity on either a Subscription basis or non-Subscription basis; and, (b) absent language on the Sales Order Form to the contrary, all amounts to be paid by the Client for Services, including any support associated therewith, shall, at the sole discretion of Funeralocity, become recognizable as revenue by Funeralocity pursuant to any methodology chosen by Funeralocity.2.02 | Advertising on the Funeralocity Website and/or within the Platform. Unless otherwise provided on the Sales Order Form associated with this MSA: (a) all Services in the form of advertising or marketing to individuals who are viewing some portion of the Funeralocity Website (“Advertising Services”), including any support associated therewith, are provided by Funeralocity on both a Subscription basis and non-Subscription basis; and, (b) absent language on the Sales Order Form to the contrary, access to the Funeralocity Website and Platform is not included when a Client is purchasing only Advertising Services.2.03 | Providing Guidance to Individuals Seeking Pre-Need Assistance. Unless otherwise provided on the Sales Order Form associated with this MSA: (a) all Services in the form of providing guidance to individuals seeking pre-need assistance, primarily in the form of connecting the individual with the appropriate insurance agent (“Connection Services”) for the purpose of purchasing insurance to pay for future funeral or cremation needs, including any support associated therewith, are provided by Funeralocity on a non-Subscription basis; and, (b) absent language on the Sales Order Form to the contrary, access to the Funeralocity Website and Platform may be included when a Client is purchasing only Connection Services.2.04 | Providing Guidance to Individuals Needing Funeral or Cremation Assistance. Unless otherwise provided on the Sales Order Form associated with this MSA: (a) all Services in the form of providing guidance to individuals needing funeral or cremation assistance for another (collectively, “Navigator Services”), including any support associated therewith, are provided by Funeralocity on both a Subscription basis and non-Subscription Basis; and, (b) absent language on the Sales Order Form to the contrary, access to the Funeralocity Network is included when a Client is purchasing Navigator Services. Further, Navigator Services are segregated by Tiers, with each Tier offering certain “Benefits,” some of which are consistent across Tiers and others which are unique to a particular Tier. The available Tiers, and the Benefits associated with each Tier, can be changed by Funeralocity at any time without notice to the Client.
3.0 ADDITIONAL LIMITS AND RESPONSIBILITIES RELATED TO THE SERVICES
3.01 | Limits on Service(s). Services may be subject to certain specified limits as set forth on the Sales Order Forms.3.02 | Your Responsibilities Relative to the Services. You will: (a) be responsible for Your compliance with the Agreements, including, but not limited to, the ToS and the terms of this MSA; and, (b) be responsible for the compliance by Authorized Representatives with the ToS and the terms of this MSA; and, (c) maintain such insurance coverage as is reasonably necessary to support Your respective obligations under the Agreements; and, (d) be responsible for the accuracy, quality and legality of both the Client Data and the means by which You acquired the Client Data,; and, (e) use commercially-reasonable efforts to prevent unauthorized use of the Services, access to the Funeralocity Website or Platform.3.03 | Our Responsibilities Relative to the Services. We will: (a) be responsible for complying with our duties under the Agreements, including, but not limited to, the ToS and the terms of this MSA and under any SLA; and, (b) maintain such insurance coverage as is reasonably necessary to support Our respective obligations under the Agreements; and, (c) be responsible for the performance of Our personnel (including Our employees and contractors) and their compliance with Our obligations under the Agreements.
4.0 | CHARGES, FEES AND PAYMENTS
4.01 | Charges and Fees. You will pay all charges and fees specified on the Sales Order Forms. Except as otherwise specified herein or on an executed Sales Order Form: (a) fees may be based on Services purchased, which may reflect estimates and not actual usage; and, (b) payment obligations are non-cancelable and all fees paid are non-refundable unless otherwise specified within the ToS.4.02 | Invoicing and Payment. You will provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us. If You provide credit card information to Us, You authorize Us to charge such credit card for all Services listed on the Sales Order Form for the Term and any renewal Term(s) as set forth on the Sales Order Form. Such charges shall be made in advance, either annually or in accordance with any different Payment Frequency stated in the applicable Sales Order Form. If the Sales Order Form specifies that the Payment Method will be by a method other than a credit card, We will invoice You in advance and otherwise in accordance with the relevant Sales Order Form. Unless otherwise stated in the Sales Order Form, invoiced charges are due net ten (10) days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.4.03 | Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies: (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law; and/or, (b) We may condition future subscription renewals and fulfillment of Sales Order Forms on payment terms shorter than those specified in this Section 4.0 and any subparts contained herein.4.04. Suspension of Services and Acceleration. If any amount owing by You under the Agreement for Our Services is ten (10) or more days overdue, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under the Agreement so that all such obligations become immediately due and payable, and suspend all Services and access to the Funeralocity Website and Platform to any User, until such amounts are paid in full. We will give You at least ten (10) days’ prior notice that Your account is overdue, in accordance with Section 6.02 (Manner of Giving Notice), before suspending Services and access to the Funeralocity Website and Platform.4.05 | Payment Disputes. We will not exercise Our rights, under Section 4.03 (Overdue Charges) or 4.04 (Suspension of Services and Acceleration) above, if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.4.06 | Taxes. Our Charges and Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this Section 4.06, We will invoice You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, We are solely responsible for taxes assessable against Us based on Our income, our property and our employees.
5.0 | TERM AND TERMINATION
5.01 | Term of Agreement. This MSA commences on the Effective Date, and by virtue thereof the Agreement is made effective contemporaneous with the Effective Date, and thereafter the Agreement continues through and until the end of the Term identified on a Sales Order Form that is open, or any renewal Term, to the extent of requiring Funeralocity to provide Services thereunder.5.02 | Term of Subscriptions. The Term of each Subscription shall be as specified in the applicable executed Sales Order Form. Except as otherwise specified on an executed Sales Order Form, Subscriptions will automatically renew for additional periods equal to the expiring Term or one (1) year (whichever is longer), unless either Party gives the other Party notice of non-renewal at least sixty (60) days before the end of the then-existing Term.5.03 | Termination. A Party may terminate the Agreement for cause upon thirty (30) days prior written notice to the other Party of a material breach if such breach remains uncured at the expiration of such notice period.5.04 | Refund or Payment upon Termination. If the Agreement is terminated by You as a result of any breach committed by Funeralocity in accordance with Section 5.03 (Termination), We will refund You any prepaid Subscription Fees covering the remainder of the unexpired Term. If the Agreement is terminated by Us in accordance with Section 5.03 (Termination), You will pay any unpaid fees covering the remainder of the Term of all open Sales Order Forms. In no event will Termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of a valid Termination.5.05 | Client Data and Deletion. Upon written request by You made within thirty (30) days after the effective date of termination or expiration of this MSA, We will make Your Client Data available to You for export or download. After that thirty (30) day period, We will have no obligation to maintain or provide Your Client Data to You, and may, but shall not be required to, thereafter delete or destroy all copies of the Client Data in Our possession or otherwise in Our control, unless legally prohibited by applicable and express state and federal laws to the contrary.
6.0 | WHO YOU ARE CONTRACTING WITH, NOTICES, GOVERNING LAW AND JURISDICTION
6.01 | General. Who You are contracting with under the Agreements, who You should direct notices to under the Agreements, what law will apply in any lawsuit arising out of or in connection with the Agreements, and which courts have jurisdiction over any such lawsuit, depends on where You are domiciled.If You are domiciled in: The USA, Mexico or CanadaAnd you are contracting with: MMH Technology, Inc., a corporationNotices should be addressed to: 1303 Rembrandt Circle Raleigh, NC 27607The governing law is: Delaware and controlling U.S. LawThe courts having exclusive jurisdiction are: Raleigh, NC Durham, NC6.02 | Manner of Giving Notice. Except as otherwise specified in the Agreements, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; or, (b) upon delivery by the U.S. Mail pursuant to a certified return receipt request; or, (c) by courier upon delivery to an adult authorized to sign on behalf of the Party receiving notice. Billing-related notices to You will be addressed to the relevant billing contact designated by You, if so designated. All other notices to You shall be addressed to the relevant Services contact designated by You.6.03 | Agreement to Governing Law and Jurisdiction. Each Party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.6.04 | No Agency. For the avoidance of doubt, We are entering into this MSA as principal and not as agent for any other Funeralocity Affiliate. Subject to any permitted assignment of this MSA under Section 7.02 (Assignment), the obligations owed by Us under this MSA shall be owed to You solely by Us and the obligations owed by You under this MSA shall be owed solely to Us.
7.0 | GENERAL PROVISIONS
7.01 | Entire Agreement and Order of Precedence. The ToS, Sales Order Forms, Service Level Agreement and this MSA form the entire Agreement between You and Us regarding Your use of Services and any access to the Funeralocity Website and Platform, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter. No modification, amendment, or waiver of any provision of any part of the Agreements will be effective unless in writing and signed by the Party against whom the modification, amendment or waiver is to be asserted. The Parties agree that the ToS may be modified by Funeralocity at Funeralocity’s sole discretion. The Parties further agree that any term or condition stated in Your purchase order or in any other of Your order documentation that is not otherwise contained within a Sales Order Form is void ab initio. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (i) the applicable Sales Order Form; (ii) the ToS; (iii) this MSA; (iv) the SLA; and, (v) User Guides, if any.7.02 | Assignment. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other Party’s prior written consent (not to be unreasonably withheld). Notwithstanding the aforementioned prohibition on assignment, either Party may assign the Agreements in their entirety (including all Sales Order Forms), without the other Party’s consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, change of entity formation, or the sale of all or substantially all of the assigning Party’s assets. If a Party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other Party, then such other Party may terminate the Agreements upon written notice to the assigning Party (hereinafter, a “Competitive Termination”). In the event of such a Competitive Termination wherein We are the assigning Party We will refund to You any prepaid Subscription Fees covering the remainder of the then-existing Term of all Services, but no refund shall be due for Services rendered by Us prior to the effective date of the Competitive Termination. In the event of such a Competitive Termination wherein You are the assigning Party, We will not be responsible for refunding any prepaid Subscription Fees to You covering the remainder of the then-existing Term of all Services. Subject to the foregoing, this MSA, as part of the Agreements, will bind and inure to the benefit of the Parties, their respective successors and permitted assigns.7.03 | Relationship of the Parties. The Parties are independent and unrelated without affiliation. Neither this MSA, nor any part of the Agreements, creates a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties. Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of the Agreements are intended, nor shall they be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any Client or vendor, stockholder, partner, member, director, officer or employee of any Party hereto or any other person or entity.7.04 | Waiver. No failure or delay by either Party in exercising any right under this MSA, nor any part of the Agreement, will constitute a waiver of that right.7.05 | Severability. If any provision of this MSA, or any part of the Agreements, is held by a court of competent jurisdiction to be contrary to law, that provision will be deemed null and void, and the remaining provisions of this MSA or of the Agreements will remain in effect.
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF SERVICE” OR “ToS”) WILL BE LEGALLY BINDING UPON THE CLIENT (AS DEFINED BELOW) UPON EXECUTION OR ACCEPTANCE OF THE MASTER SERVICES AGREEMENT (the “MSA”) PUBLISHED BY MMH TECHNOLOGY, INC., dba FUNERALOCITY (“FUNERALOCITY”). TERMS OF SERVICE MAY REFER TO FUNERALOCITY AND THE CLIENT INDIVIDUALLY AS A “PARTY” OR COLLECTIVELY AS THE “PARTIES” IN THE APPROPRIATE CONTEXT.
Definitions
"Agreement" means collectively the Master Services Agreement, these Terms of Service, any Sales Order Form(s) and/or any Service Level Agreement(s) associated with an MSA, and the Terms of Use. In accordance therewith, these Terms of Service, each Sales Order Form and/or each Service Level Agreement, and the Terms of Use, shall be construed as being incorporated by reference within the MSA."Affiliate(s)" means: (i) For a Client: any entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with a Client, by way of majority voting stock ownership or by way of the ability to otherwise direct or cause the direction of the management and policies of a Client; or, (ii) For Funeralocity: (a) any entity (a “Primary Affiliate”) which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Funeralocity, by way of majority voting stock ownership or by way of the ability to otherwise direct or cause the direction of the management and policies of Funeralocity; and/or, (b) any entity (a “Secondary Affiliate”) which is under a contractual arrangement with Funeralocity to provide some aspect of the Services for the benefit of any Client on Funeralocity’s behalf. Funeralocity, any Primary Affiliate and any Secondary Affiliate may be referred to hereinafter collectively as “Funeralocity.” "Authorized Representative(s)" means any third party that is granted authority, express or implied, by a Client or by Funeralocity, to act on behalf thereof, as the case may be."Confidential Information" means: (a) Client Data and Funeralocity Data; and,(b) the terms of the Agreements; and, (c) any commercial, financial, marketing, business, technical or other data, security measures and procedures, know-how or other information disclosed by or on behalf of the disclosing Party to the receiving Party for purposes arising out of or in connection with the Agreements, which: (i) in the case of information in tangible form, is marked “confidential” or “proprietary;” (ii) in the case of information disclosed orally, visually or any other intangible form, is designated confidential or proprietary at the time of disclosure, and if disclosed orally, is summarized in reasonable detail in a writing delivered to the receiving Party within ten (10) days following disclosure; (iii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary; and, (iv) will include any reproduction of such information in any form or medium, or any part of such information. The following shall not be deemed Confidential Information: (v) information that was in the public domain at the time of its disclosure, or which becomes available within the public domain through no fault of the receiving Party; (vi) information that was rightfully in the receiving Party’s possession without restriction prior to disclosure; (vii) information that was rightfully disclosed to the receiving Party by a third-party without restriction; (viii) information that was independently developed by agents of the receiving Party who did not have access to and without use of or reference to the disclosing Party’s Confidential Information; and, (ix) anonymized, aggregated and non-personally-identifiable data collected or generated by Funeralocity through the provision of any Service, as long as Funeralocity’s use thereof is solely for the purposes of providing or improving the Services, benchmarking performance of the Funeralocity Website and Platform, or preparing statistics and system metrics for use by Funeralocity."Client" means the counterparty that enters into any MSA, Sales Order Form and/or SLA with Funeralocity."Client Data" means all electronic data or information, not otherwise deemed to be Funeralocity Data, submitted to and/or stored within the Funeralocity Website or Platform by or on behalf of the Client, data input into the Funeralocity Website or Platform by any Third-Party Application on behalf of the Client, or any Client-specific information that is submitted to and/or stored within any Funeralocity system by any means not otherwise expressly set forth herein."Electronic Communications" means any transfer of signs, signals, text, images, sounds, data or intelligence of any nature transmitted in whole or in part, electronically received, and/or transmitted through any of the Services."Master Services Agreement" or "MSA" means the Agreement between Funeralocity, the Client and any Affiliates, an exemplar of which can be found at www.funeralocity.com/legal-policy, which, combined with the Terms of Service, all Sales Order Forms and Service Level Agreements, serves as the foundation for the contractual relationship between Funeralocity and the Client."Funeralocity Data" means all electronic data or information, not otherwise deemed to be Client Data, submitted to and/or stored within the Funeralocity Website and/or Platform by or on behalf of Funeralocity, data input into the Funeralocity Website or Platform by any Third-Party Application on behalf of Funeralocity, or any Funeralocity-specific information that is submitted to and/or stored within the Funeralocity Website or Platform by any means not otherwise expressly set forth herein."Funeralocity Mobile App(s)” or “App(s) means the Funeralocity mobile applications, if any, which are designed to run on mobile devices such as a cellular phone or tablet, and which are delivered across various computer operating systems, including, but not limited to, the iOS and Android mobile operating systems."Funeralocity Website and Platform" or "Platform" means the Funeralocity Website and any Apps (if any), which interoperate so that Funeralocity can offer the Funeralocity Website and Platform to consumers and funeral homes for the purpose of providing Services, including, but not limited to, the publishing of comparative data pertaining to the deathcare industry."Sales Order Form(s)" collectively or individually means a Funeralocity estimate, quote, renewal notification, order form or invoice issued to, accepted or executed in the name of a Client or its Affiliate, and accepted by Funeralocity upon execution by an Authorized Representative, which specifies the Services to be provided by Funeralocity to or on behalf of the Client subject to the terms of the Agreement."Service(s)" means, singularly or collectively, the Advertising Services, Connection Services and/or Navigator Services provided by Funeralocity subject to the terms of the Agreements."Service Level Agreement(s)" or "SLA" means, singularly or collectively, and in general, any additional terms which are appended to an Agreement which set forth the metrics by which the quality of the Services are measured, as well as remedies or penalties should the agreed-upon quality of Services not be achieved."Subscription" or "Subscription Basis" means the Client’s purchase method associated with the Funeralocity Services is for a fixed and identified period of time of more than one (1) month in duration, and for an ascertainable and identifiable amount of compensation that is not subject to variability, without the ability of the Client to cancel the Agreement at the Client’s discretion. As a corollary, the phrase non-Subscription Basis means that the Funeralocity Services are to be rendered for a period of time of less than one (1) month, or for an amount of compensation that is variable and indefinite from the face of the Agreements, or when the Client has the unfettered ability to terminate the Agreements at will."Subscription License" means the limited license granted to a Client to use Funeralocity Website and Platform during the Term."Term" means the period of time during which the Client has a contractual right to access the Funeralocity Website and Platform for the Client’s benefit."Third-Party Application(s)" means applications, integrations, services, or implementation, customization and other consulting services related thereto, provided by a party other than Funeralocity, as further described in Section 2.03 (“Third-Party Applications”), which are expressly approved by Funeralocity in writing to interoperate with the Funeralocity Website and Platform."Subscription Pricing" or "Subscription Fee(s)" means the price which the Client will pay to Funeralocity for access to the Funeralocity Website and Platform, as well as the Funeralocity Apps, if any, if the Client is purchasing the Services on a Subscription Basis during the Term."Tier Fees" are an example of Subscription Fees in the form of price paid by the Client to Funeralocity for the particular tier of Services chosen by the Client."User(s)" means individuals who sign-up to access the Funeralocity Website and Platform, including individuals who are Authorized Users."User Guides" mean the online English language user guides, if any, available for the Services and accessible within the Funeralocity Website and Platform (under “Help”), as updated from time to time.
2.0 | Terms of Service
The Client acknowledges and agrees that these Terms of Service, together with the balance of the Agreements, Terms of Use and Policies shall govern Client’s access to and use of the Services, as well as any access to and use of the Funeralocity Website and Platform. Capitalized terms not otherwise defined in these Terms of Service shall have the meaning given elsewhere within the Agreements or Terms of Use, with any conflicts controlled first by the language contained within the Terms of Use.2.01 | Accuracy of Information(a) General. Client and Authorized Representatives shall provide accurate, current and complete information about their legal name, address, email address, and phone number (the “Contact Information”), and maintain and promptly update the Contact information if any of the Contact Information should change.(b) Funeral Goods and Services. Client and Authorized Representatives shall provide accurate, current and complete information about the General Price List (“GPL”) for their funeral home’s goods and services: (i) initially, upon being granted Active status on the Funeralocity Website and Platform; and/or, (2) within three (3) business days of any change made to the GPL.(c) Time is of the Essence. Failure by the Client and/or the Authorized Representative to maintain accurate and current information within the Funeralocity Website and Platform of the information type(s) described above may result in disqualifying the Client from remaining as an “Active” participant on the Funeralocity Website and Platform.2.02 | General Restrictions(a) General. Client is responsible for all activities conducted under its User logins and for its Users' compliance with the terms of any of the Agreements entered into by and between the Client and Funeralocity. Unless expressly permitted in a writing signed by an authorized representative of Funeralocity, Client’s use of the Funeralocity Website, Platform and Services shall not include service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single User login, or time-sharing of the Funeralocity Website, Platform or Services. Client shall not itself, nor shall the Client permit any party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile any aspect of the Funeralocity Website or Platform, or otherwise attempt to discover any source code or modify the Funeralocity Website or Platform in any manner or form, unless expressly allowed in a writing signed by an authorized representative of Funeralocity; (b) use the Funeralocity Website or Platform for the purpose of building a similar or competitive Services offering; or, (d) obtain unauthorized access to the Funeralocity Website pr Platform (including without limitation permitting access to or use of the Services via another system or tool; or, (e) use the Funeralocity Website, Platform or Services in a manner that is contrary to applicable law or in violation of any third-party rights of privacy or intellectual property rights; or, (f) publish, post, upload or otherwise transmit Client Data that contains any viruses, trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another, including, but not limited to the Funeralocity Website or Platform; or, (g) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Funeralocity Website or Platform. Client shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Funeralocity Website, Platform or Services, including without limitation, those related to privacy, electronic communications and anti-spam legislation. Without limiting the foregoing; (i) Client represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports; (ii) Client shall not permit Users to access or use the Funeralocity Website or Platform in violation of any U.S. export embargo, prohibition or restriction; and, (iii) Client shall comply with all applicable laws regarding the transmission of technical data exported from the United States. Client will not send any Electronic Communication from or through the Funeralocity Website or Platform that is unlawful, harassing, libelous, defamatory or threatening. Except as permitted by the Agreement, no part of the Funeralocity Website or Platform may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. Client agrees not to access the Funeralocity Website or Platform by any means other than through the interfaces that are provided by Funeralocity. Client shall not do any "mirroring" or "framing" of any part of the Funeralocity Website or Platform, or create Internet links to the Funeralocity Website or Platform which include log-in information, usernames or passwords, and/or secure cookies. Client will not in any way express or imply that any opinions contained in Client’s Electronic Communications are endorsed by Funeralocity. Client shall ensure that all access and use of the Funeralocity Website, Platform or the Services by Users is in accordance with these Terms of Service and the remainder of the Agreements. Any action or breach by any User shall be deemed an action or breach by Client;2.03 | Third-Party Application(s).Funeralocity may offer certain Third-Party Applications for sale pursuant to the Services(s) listed upon a Sales Order Form. Any procurement of such Third-Party Applications by Client shall be subject to any additional terms specified in such Sales Order Form. Except as expressly set forth in a Sales Order Form, Funeralocity does not warrant any such Third-Party Applications to a Client, regardless of whether or not such Third-Party Applications are provided by a vendor that is a member of a Funeralocity partner program or otherwise designated by Funeralocity as “Built For Funeralocity,” "Certified," "Approved," “Recommended” or any other term or phrase that may be perceived in a manner that might be considered an affirmative representation that a Third-Party Application is suited for a particular purpose. Any procurement by Client of such Third-Party Applications is solely between Client and the applicable Third-Party Application vendor.Funeralocity is not responsible for any aspect of such Third-Party Applications that Client may procure or connect to the Funeralocity Website or Platform, or any descriptions, promises or other information related to the foregoing. If Client installs or enables Third-Party Applications for use with the Funeralocity Website or Platform, Client agrees that Funeralocity may enable such Third-Party providers to access Client Data as required for the interoperation of such Third-Party Applications with the Funeralocity Website and Platform, and any exchange of data or other interaction between Client and a third-party provider is solely between Client and such third-party provider pursuant to a separate privacy policy or other terms governing Client’s access to or use of the Third-Party Applications. Funeralocity shall not be responsible for any disclosure, modification or deletion of Client Data resulting from any such access by Third-Party Applications or third-party providers. No procurement of such Third-Party Applications is required to use the Funeralocity Website or Platform or to access the Services. If Client was referred to Funeralocity by a member of one of Funeralocity’s partner programs, Client hereby authorizes Funeralocity to provide such member or its successor entity with access to Funeralocity’s business information related to the procurement and use of the Funeralocity Website, Platform or Services pursuant to any or all of the Agreements, including but not limited to, access to User names, email addresses, support cases and billing/payment information.2.04 | Service Level Agreements.During the Term, the Funeralocity Website, Platform and Services will meet the service level specified in the SLA, a copy of which is attached hereto and incorporated herein by this reference. If the Funeralocity Website, Platform or Services fail to achieve the service level specified within the SLA, then Client will be entitled, as its sole and exclusive remedy, to a partial pro-rated credit for a portion of the Subscription Pricing paid by the Client for the Funeralocity Website, Platform or Services in accordance with the terms set forth in the SLA. The system logs and other records maintained by Funeralocity for the Funeralocity Website, Platform and Services, if any, shall be used for calculating any service level incidents.2.05 | Confidentiality.Funeralocity and the Client agree to use the same degree of care that each uses to protect the confidentiality of its own Confidential Information of like kind (at all times exercising a reasonable degree of care in the protection of such Confidential Information) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under any Agreement or as directed by law. Any Party may disclose Confidential Information on a need-to-know basis to any Authorized Representative who has executed binding written agreements requiring confidentiality and non-use obligations at least as restrictive as those in the Agreements. Additionally, if applicable, Users and Authorized Representatives must input credit card information and social security numbers only in the fields designated for such data in the Funeralocity Website and Platform. In the event that a User or Authorized Representative inputs credit card information and social security numbers in a field not otherwise designated for such data in the Funeralocity Website and Platform, the Client agrees and acknowledges that any representations by Funeralocity about the confidentiality or security of this data are rendered null and void. Nothing in these Terms of Service or within any of the Agreements will prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or regulation, order of a court or other governmental authority or regulation, or at the discretion of Funeralocity, upon advice of Funeralocity’s legal counsel.2.06 | Ownership of Client DataAs between Funeralocity and Client, all title and intellectual property rights in and to the Client Data is owned exclusively by Client, however, Client acknowledges that Funeralocity shall have the right to retain, use and transfer, for statistical and analytical purposes, system testing and other commercially-reasonable purposes, any portion of the Client Data which Funeralocity converts to an “anonymized” state. For the purposes of any of the Agreements, in order to qualify as anonymized data, the Client Data must have all personally identifiable information removed from all data sets.2.07 | Funeralocity Intellectual Property Rights.All rights, title and interest in and to the Funeralocity Website and Platform, or the Services provided in conjunction therewith (including without limitation all intellectual property rights therein and all modifications, extensions, customizations, scripts or other derivative works of the Funeralocity Website or Platform provided or developed by Funeralocity) are owned exclusively by Funeralocity or its licensors. Except as provided in the Agreements, the rights granted to Client do not convey any ownership rights in the Funeralocity Website or Platform, express or implied, or ownership in any of the Services, or any intellectual property rights thereto, not specifically set forth in a writing signed by an authorized representative of Funeralocity. Client grants Funeralocity a royalty-free, worldwide, perpetual, irrevocable, transferable right to use, modify, distribute and incorporate into the Funeralocity Website and Platform (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, corrections or other feedback or information provided by Client, Authorized Representatives of Users related to the operation or functionality of the Funeralocity Website or Platform. Any rights in the Funeralocity Website or Platform, or Funeralocity’s intellectual property not expressly granted herein by Funeralocity are reserved by Funeralocity. Funeralocity service marks, logos and product and service names are marks of Funeralocity or its affiliates (hereinafter, the "Funeralocity Marks"). The Client shall not be permitted to display or use the Funeralocity Marks in any manner without Funeralocity’s express prior written permission. The trademarks, logos and service marks of Third-Party Application providers ("Third-Party Mark(s)") are the property of such third-parties. The Client shall not be permitted to use the Third-Party Marks without the prior written consent of such third-party which may own the Third-Party Mark(s).2.08 | Dispute Resolution.(a) Each Party agrees to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. Except as provided in 2.08(b), each Party agrees that before it seeks mediation, arbitration, or any other form of legal relief, it shall provide written notice to the other Party of the specific issues in dispute (and referencing the specific portions of any contract between the Parties and which are allegedly being breached). Within thirty (30) days after such notice, the Parties or Authorized Representatives acting on behalf of any affected Party, shall hold at least one (1) meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the dispute. Except as provided in 2.08(b), any and all disputes, claims or controversies arising out of or relating to the Terms of Service or any Agreement shall be submitted to JAMS (formerly known as the “Judicial Arbitration and Mediation Services, Inc.”) for mediation before arbitration or any other form of legal relief may be instituted. Mediation may be commenced by a Party providing JAMS a written request for mediation setting forth the subject of the dispute and the relief requested. Each Party will cooperate with JAMS in selecting a single mediator and scheduling a mediation, which should take place within forty-five (45) days following a request for mediation. The mediator shall be a retired judge who has had experience with technology disputes. The Parties agree that they will participate in the mediation in good faith and share equally in its costs. The mediation shall take place either in Raleigh, North Carolina, or at a forum located in Wake County, North Carolina.(b) The dispute resolution procedures in these Terms of Service shall not apply prior to a Party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, trade secrets or Confidential Information.
3.0 | Warranties
3.01 | Warranty of Website and Platform.Funeralocity warrants that: (i) the Funeralocity Website and Platform will achieve in all material respects the functionality expressly represented by Funeralocity in writing, if any; and (ii) such functionality of the Funeralocity Website and Platform will not be materially decreased during any Term. The sole and exclusive remedy for Funeralocity’s breach of this warranty shall be that Funeralocity shall be required to use commercially-reasonable efforts to modify the Funeralocity Website and Platform to achieve in all material respects the functionality, and if Funeralocity is unable to restore such functionality within a commercially-reasonable period of time, Client shall be entitled to terminate the Agreement in writing provided to Funeralocity, and thereafter, receive a pro-rata refund of the Subscription Fees paid under the Agreement for its use of the Services for the terminated portion of the then-current Term. Funeralocity shall have no obligation with respect to a warranty claim unless notified of such claim within sixty (60) days of the first instance of any material functionality problem, and such notice must be sent to legal@Funeralocity.com. The warranties set forth in this Section are made to and for the benefit of Client only, and no warranty, express or implied, shall inure to the benefit of any individual. Such warranties shall only apply if the Funeralocity Website, Platform and applicable Services have been utilized in accordance with the User Guides, if any, the Agreements and all applicable state and federal law(s).3.02 | Warranty of No Malicious Code. Each Party warrants that it will not introduce viruses, trojan horses, worms, spyware, or other such malicious code (“Malicious Code”) into the Funeralocity Website or Platform.
4.0 | Disclaimer of Warranties.
EXCEPT AS STATED IN SECTION 3.0 ABOVE, FUNERALOCITY DOES NOT REPRESENT THAT A PARTY’S USE OF THE FUNERALOCITY WEBSITE OR PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE FUNERALOCITY WEBSITE, PLATFORM OR SERVICES WILL MEET A PARTY’S REQUIREMENTS OR THAT ALL ERRORS IN THE FUNERALOCITY WEBSITE, PLATFORM AND/OR DOCUMENTATION RELATED THERETO, IF ANY, WILL BE CORRECTED OR THAT THE OVERALL SYSTEM THAT MAKES THE FUNERALOCITY WEBSITE AND PLATFORM AVAILABLE (INCLUDING BUT NOT LIMITED TO, THE INTERNET, OTHER TRANSMISSION NETWORKS, OR ANY LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WARRANTIES STATED IN SECTION 3.0 ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY FUNERALOCITY. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EXCEPT AS STATED IN SECTION 3.0 ABOVE, THE FUNERALOCITY WEBSITE AND PLATFORM IS PROVIDED TO A PARTY ON AN “AS-IS/WHERE-IS” AND “AS-AVAILABLE” BASIS. FUNERALOCITY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT A PARTY’S USE OF THE FUNERALOCITY WEBSITE, PLATFORM OR SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING WITHOUT LIMITATION, THE “FUNERAL RULE” PROMULGATED BY THE FEDERAL TRADE COMMISSION. THE CLIENT ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE FUNERALOCITY WEBSITE AND PLATFORM, THE INFORMATION GENERATED THEREBY OR THROUGH THE USE THEREOF IS, OR THE SERVICES PROVIDED THEREUPON ARE, ACCURATE OR SUFFICIENT FOR THE CLIENT’S PURPOSES.
5.0 | Limitations of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUNERALOCITY BE LIABLE TO ANY PARTY FOR LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR ANY OF THE AGREEMENTS (WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH DAMAGES SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THE FOLLOWING PARAGRAPH.THE MAXIMUM LIABILITY OF ANY PARTY ARISING OUT OF OR IN CONNECTION WITH ANY OF THE AGREEMENTS, USE OR OTHER DEPLOYMENT OF THE FUNERALOCITY WEBSITE OR PLATFORM OR ANY SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL BE NO GREATER THAN AN AMOUNT EQUAL TO THE EQUIVALENT OF THREE (3) MONTHS OF SUBSCRIPTION FEES APPLICABLE AT THE TIME OF THE EVENT. IN THE EVENT OF A BREACH OF SECTION 2.05 OF THESE TERMS OF SERVICE, SUCH MAXIMUM LIABILITY OF EITHER PARTY SHALL BE AN AMOUNT EQUAL TO THE EQUIVALENT OF SIX (6) MONTHS OF SUBSCRIPTION FEES APPLICABLE AT THE TIME OF THE EVENT. NOTWITHSTANDING THE PREVIOUS SENTENCE, FUNERALOCITY SHALL NOT BE LIABLE TO ANY PARTY TO THE EXTENT SUCH LIABILITY WOULD NOT HAVE OCCURRED BUT FOR THE OTHER PARTY’S FAILURE TO COMPLY WITH THE TERMS OF SERVICE OR WITH THE TERMS OF ANY OF THE AGREEMENTS.EACH PARTY ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT THE ALLOCATION OF RISK AGREED TO BY THE PARTIES, AND THAT THE PARTIES WOULD NOT ENTER INTO ANY AGREEMENT WITHOUT THESE LIMITATIONS ON THEIR LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THE SECOND PARAGRAPH OF THIS SECTION SHALL NOT APPLY TO EITHER PARTY’S INDEMNITY OBLIGATIONS EXCEPT AS SET FORTH IN SECTION 6.0 BELOW.
6.0 | Indemnification.
6.01 | Funeralocity Indemnification of Client. Subject to the terms and conditions set forth in this Section 6.0, Funeralocity shall, at its own expense, defend Client from and against any and all allegations, threats, claims, suits, and proceedings brought by third-parties (collectively an “Infringement Claim”) alleging that the Funeralocity Website or Platform, as used in accordance with the Terms of Service and all Agreements, infringes such third-party’s copyrights or trademarks, or misappropriates such third-party’s trade secrets and shall indemnify Client from and against liability, damages, and costs finally awarded or entered into in settlement (including, without limitation, reasonable attorneys’ fees, all of which shall be referred to hereinafter collectively as the “Losses”) to the extent based upon an Infringement Claim.The preceding language notwithstanding, Funeralocity will have no liability for an Infringement Claim arising from: (a) use of the Funeralocity Website and Platform in violation of the Terms of Use, these Terms of Service, any Agreement or any applicable state or federal law(s); (b) use of the Funeralocity Website and Platform after Funeralocity notifies Client to discontinue use because of an Infringement Claim; (c) modifications to the Funeralocity Website and Platform: (i) not made by Funeralocity; or, (ii) made without the written consent of Funeralocity; or, (iii) made by Funeralocity based on Client specifications or requirements, or the specifications or requirements of the vendor or creator of any Third-Party Application; or, (d) use of the Funeralocity Website and Platform in combination with any non-Funeralocity software, application or service; or, (e) services offered by Client or where Client has charged any type of fee for such services.If an indemnifiable Infringement Claim as set forth above is brought or threatened, Funeralocity shall, at its sole option and expense, use commercially-reasonable efforts either: (f) to procure a license that will protect Client against such Infringement Claim without cost to Client; (g) to modify or replace all or portions of the Funeralocity Website or Platform as needed to avoid infringement, such update or replacement having substantially similar or better capabilities; or, (h) if (f) and (g) are not commercially feasible, terminate any Agreement and refund to the Client a pro-rata refund of the Subscription Fees prepaid by Client for the terminated portion of the Term not yet completed. The rights and remedies granted Client under this Section 6.01 state Funeralocity’s entire liability, and Client's exclusive remedy, with respect to any claim of infringement of the intellectual property rights of a third-party.6.02 | Client Indemnification of Funeralocity. Subject to the terms and conditions set forth in this Section 6.0, Client shall, at its own expense, defend Funeralocity from and against any and all claims (the “Funeralocity Claims”): (a) alleging that the Client Data or any trademarks or service marks, or any use thereof, infringes the copyright or trademark or misappropriates the trade secrets of a third-party, or has caused harm to a third-party; or, (b) arising out of Client’s breach of Section 2.02 (General Restrictions) above and shall indemnify Funeralocity from and against liability for any Losses to the extent based upon such Funeralocity Claims; or, (iii) arising from any claim made by any other third-party based upon an act or omission of the Company or its Affiliates.6.03 | Indemnification Procedures and Survival. In the event of a potential indemnity obligation under this Section 6.0, the Party seeking indemnity shall: (i) promptly notify the Party against whom indemnity is sought in writing of such Claim; (ii) allow the Party against whom indemnity is sought to have sole control of its defense and settlement; and, (iii) upon request of the Party against whom indemnity is sought, cooperate in all reasonable respects, at the cost and expense of the Party against whom indemnity is sought, with any the investigation, trial, and defense of such Claim and any appeal arising therefrom. The indemnification obligations under this Section 6.0 are expressly conditioned upon the compliance with this Section 6.03 by the Party seeking indemnity, except that failure to notify the Party against whom indemnity is sought of such Claim shall not relieve that Party of its obligations under this Section 6.0, but such Claim shall be reduced to the extent of any damages attributable to such failure to notify. The indemnification obligations contained in this Section 6.0 shall survive termination of the Term for a minimum of twelve (12) full calendar months, starting on the first day of the calendar month subsequent to end of the Subscription Term.7.0 | Insurance. Each Party will maintain such insurance coverage as is reasonably necessary to support its respective obligations under all Agreements, which, for Client, shall be at least a commercially-reasonable general liability policy. Upon written request, each Party shall provide evidence of such coverage to the other Party.
8.0 | Suspension/Termination.
8.01 | Suspension for Delinquent Account. Funeralocity reserves the right to suspend the Client’s or Authorized Representative’s access to, and/or use of, the Funeralocity Website and Platform, or any right to receive Services, if any payment is due to Funeralocity but unpaid, and at least fifteen (15) days have passed since the transmission of notice of delinquency to the Client. The issuance of a statement or invoice showing a past due balance, or any other means of communicating a delinquency to the Client, shall be sufficient notice hereunder. Client agrees that Funeralocity shall not be liable to the Client, nor to any to Authorized Representative, User or third-party for any suspension of the Services or any functionality of the Funeralocity Website and Platform pursuant to Section 8.0 or any of its subparts herein.8.02 | Suspension for Ongoing Harm. Funeralocity may with reasonably contemporaneous telephonic or email notice to Client, suspend access to the Services or functionality of the Funeralocity Website and Platform, if Funeralocity reasonably concludes that use of the Funeralocity Website and Platform by any party is contributing to denial of service attacks, spamming, or illegal activity, or that any party’s use of the Services or Funeralocity Website and Platform is causing immediate, material and ongoing harm to Funeralocity or others. In the extraordinary event that Funeralocity suspends access to the Services or functionality of the Funeralocity Website and Platform , Funeralocity will use commercially-reasonable efforts to limit the suspension to the offending portion of the Services or Funeralocity Website and Platform, while working to resolve the issues causing the suspension of Services or the functionality of Funeralocity Website and Platform. Client agrees that Funeralocity shall not be liable to Client, Authorized Representatives or Users, nor to any third-party for any suspension of the Services or the functionality of Funeralocity Website and Platform under such circumstances as described in this Section, including, but not limited to, liabilities that may arise due to the terms of the SLA issued for the benefit of Client.8.03 | Termination for Cause, Expiration. Any Party may immediately terminate the Agreements, including Sales Order Forms issued in conjunction therewith, if applicable, in the event the other Party commits a material breach of any provision of any of the Agreements not otherwise cured within thirty (30) days of written notice from the non-breaching Party. Such notice by the non-breaching Party shall expressly state all of the reasons for the claimed breach in sufficient detail so as to provide the alleged breaching Party a meaningful opportunity to cure such alleged breach and shall be sent to the alleged breaching Party at the address listed in the Funeralocity Website or Platform (or such other address that may be provided pursuant to the Agreements (hereinafter, “Notice”). Upon termination or expiration of the Agreements, neither the Client, nor the Authorized Representatives or Users shall have any rights to continue use of the Services or to access the Funeralocity Website and Platform. If the Agreements are terminated by Client for any reason other than a termination expressly permitted by the Agreements, then Funeralocity shall be entitled to all of the Subscription Fees due under the Agreement for the entire Term, for all of the Services, irrespective of whether or not the Term has expired. If any Agreement is terminated as a result of Funeralocity’s breach of the Agreements, then Client shall be entitled to a refund of the pro-rata portion of any Subscription Fees prepaid by Client to Funeralocity under the Agreement for the portion of the Term remaining after the termination, or for the portion of any of the Services which have not been completed as of the effective date of the termination.8.04 | Handling of Client Data Upon Termination/Expiration. Following expiration or termination of the Agreements, Funeralocity may immediately deactivate the applicable Client, Authorized Representative and/or User account(s) on the Funeralocity Website and Platform, and shall be entitled (but not obligated) to delete such Client, Authorized Representative and/or User account(s) from Funeralocity’s “live” site following a thirty (30) day waiting period. Client, Authorized Representatives and Users further agree that Funeralocity shall not be liable to the Client, nor to any Authorized Representative, User, or third-party for any termination of the Client’s, Authorized Representative’s or User’s access to the Funeralocity Website and Platform or the Services, or deletion of Client Data, provided that Funeralocity is in compliance with the terms of this Section 8.04.
9.0 | Modifications; Discontinuation of the Services or support of the Funeralocity Website and Platform or the Funeralocity Apps.
9.01 Modifications to the Services or functionality of the Funeralocity Website, Platform or Apps. Funeralocity may, from time to time, make modifications to the Services, to particular components of the Services, or to the functionality of the Funeralocity Website, Platform or Apps, and will use commercially-reasonable efforts to notify the Client of any material modifications and the schedule related thereto. Funeralocity shall not be liable to the Client, nor to any Authorized Representative, User, or to any third-party, for any modification of the Services or to the functionality of the Funeralocity Website and Platform as described in this Section 9.01.9.02 Discontinuation of any of the Service(s). Funeralocity reserves the right to discontinue offering any of the Services at the conclusion of Client’s then-current Subscription Term for the Services, or subsequent to the provision of any Service to the Client. Funeralocity shall not be liable to the Client, nor to any Authorized Representative, User or third-party, for any discontinuation of the Services as described in this Section 9.02.9.03 Discontinuation of Support of the Funeralocity Website and Platform or the Funeralocity Apps. Funeralocity reserves the right to discontinue offering support for the Funeralocity Website, Platform or Apps at any time upon the conclusion of Client’s then-current Term. Funeralocity shall not be liable to Client, nor to any Authorized Representative, User or third-party for any effect that a discontinuation of support of the Funeralocity Website, Platform or Apps may have on the Client and any Third Party Application procured by the Client.9.04 Change To Applicable Terms. If Funeralocity makes a material change to any applicable terms of any of the Agreements, then Funeralocity will attempt to notify Client by either sending an email to the notification email address or posting a notice to the administrator in Client’s account. If the change has a material adverse impact on Client and Client does not agree to the change, Client must so notify Funeralocity via an email sent to legal@funeralocity.com within ten (10) days after receiving notice of the change. If Client notifies Funeralocity as required, then Client will remain governed by the Agreement Terms in effect immediately prior to the change until the end of the then-current Term for the affected Services. If the affected Services are renewed, even if the renewal is automatic in nature, the renewal will be renewed under Funeralocity's then-current Agreement Terms.
PLEASE READ THE FOLLOWING SERVICE LEVEL AGREEMENT CAREFULLY. WHEN YOU OR YOUR FUNERAL HOME BECOME AN ACTIVE PARTICIPANT ON THE FUNERALOCITY ONLINE PLATFORM THE FOLLOWING LANGUAGE REPRESENTS THE EXTENT TO WHICH WE WARRANT THAT THE FUNERALOCITY WEBSITE WILL BE AVAILABLE TO YOU, YOUR FUNERAL HOME AND THE GENERAL PUBLIC.
1. Overview
1.1 Terms of Use/Agreement(s)
All terms set forth herein, including, but not limited to, capitalized reference terms, are governed and controlled by the standard Funeralocity Terms of Agreement, which include, but are not limited to, the Terms of Use, Sales Order Form, Master Services Agreement and Terms of Service, as updated and modified from time to time, the current version of each of which can be found at: www.funeralocity.com/legal-policyIn the event that the Client has negotiated some or all of the Agreements in a different form executed in writing by Funeralocity and the Client, the capitalized reference terms and other conditions associated therewith shall apply for the benefit of the Client.
1.2 Purpose
The purpose of this Service Level Agreement [the “SLA”] is to ensure that proper mechanisms are in place to provide high quality service and support to the Clients of Funeralocity who purchase a paid service Tier for access to the Funeralocity Website and online platform.This SLA provides:A description of the performance levels to be provided by Funeralocity to Clients purchasing any product or service from Funeralocity pursuant to an MSA;The responsibilities of Funeralocity as a provider of the product or service;The responsibilities of the Client as a user of the product or service, or as an enabler of access to the Funeralocity Website or online platform by Authorized Representatives;The general levels of availability and maintenance associated with Funeralocity Website and online platform;The process for requesting support related to the Funeralocity Website or online platform.
1.3 Scope
Funeralocity provides the Funeralocity Website and online platform on a multi-tenancy basis, which means that all authorized users are accessing the same databases and servers when logging on and using the Funeralocity Website and online platform. The scope of this SLA is limited to the performance and support associated with the Funeralocity Website and online platform. By definition, and in general, this SLA is a mutual understanding, but not an agreement or enforceable contract, even though the word “Agreement” is used in the phrase “Service Level Agreement.” It is understood that while diligent effort will be made to fulfill the terms of this SLA, there might be circumstances when the express terms of the SLA will not be realized.
1.4 Funeralocity’s Responsibilities
Funeralocity’s responsibilities and/or requirements in support of this SLA include:Adhering to the Funeralocity Website and online platform availability and support levels set forth herein;Providing appropriate notification for scheduled maintenance of the Funeralocity Website and online platform
1.5 Client’s Responsibilities
Client’s responsibilities and/or requirements in support of this SLA include:Communicating specific service incidents and requests related to the Funeralocity Website and online platform;Providing availability and assistance when resolving a service incident or request related to the Funeralocity Website or online platform;Using commercially-reasonable efforts to prevent unauthorized access to or use of the Funeralocity Website or online platform
1.6 Period of Performance
This SLA becomes effective upon acceptance by Funeralocity, whether or not by formal written execution, of all of the Terms of Agreement. This SLA will remain in effect unless and until amended, replaced, or terminated within the express terms of a written document signed by an Authorized Individual of both Funeralocity and the Client, or by termination in accordance with the express terms of the MSA.
2. Service Detail
2.1 Website | Availability Commitment
The Funeralocity Website and online platform is intended to be accessible twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty-five (365) days per year. Funeralocity commits to having the Funeralocity Website and online platform available for the Client’s use no less than 99.9% of the time, except for unavailability due to: (a) planned maintenance and updates (as described below); (b) Client applications and operating systems; (c) acts or omissions of the Client or any Authorized Representative granted access to the Funeralocity Website or online platform by the Client or for the benefit of the Client; or, (d) circumstances beyond Funeralocity’s reasonable control, including without limitation, acts of God, acts of government, pandemic, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Funeralocity’s employees or contractors), or internet service provider failures or delays.
2.2 Website | Availability Commitment Process
If Funeralocity determines in its reasonable commercial judgment that the Funeralocity Website or online platform, for which the Client has paid a Tier Fee to access, is unavailable due an outage caused solely by the failure of a system managed exclusively by or for the benefit of Funeralocity, that outage will be used to calculate the “Website Platform Availability %” (or “WPA”). The WPA is calculated by using the “Actual Number of Hours” that the Funeralocity Website and online platform is available for access by the Client or any Authorized Representative during any calendar month as the numerator - ¹, divided by the total number of hours in the month of outage (the “Total Hours in Month”) as the denominator. If, as a result of a failure by Funeralocity to meet the commitment to Funeralocity’s responsibilities as described herein, the WPA falls below a target set forth herein (the “Website Platform Performance Target,” or “WPPT”), the Client may be entitled to a pro-rated refund (the “Website Platform Commitment Remedy,” or “WPCR”) of a portion of the subscription Tier Fee paid by the Client for the month in question.
2.3 Website | Availability Commitment Remedy
If Funeralocity determines that the Funeralocity Website and online platform do not attain an WPPT of ninety-nine and 9/10ths percent (99.90%) of uptime in any given calendar month, Funeralocity, upon the Client’s written request, will provide the Client with an WPCR applied to the Client’s account. The WPCR shall be calculated by: (i) taking the monthly subscription Tier Fee (the “MTF”); or, (ii) if the Tier Fee is stated in an annualized amount, dividing the annualized Tier Fee by twelve (12) to arrive at the MTF; and, (iii) multiplying the MTF determined under either subsection (i) or subsection (ii) by a factor equal to the value obtained by subtracting the WPPT from the WPA. By way of an example, assume the following facts:Month of Calculation = May @ 31 Days or 744 Hours of Operation² Actual Hours of Operation = 720WPPT = 99.90% or .9990WPA = 720/744 = 96.77% or .9677WPPT minus WPA = .9990 - .9677 = .0223MTF = $1,000.00WPCR = $1,000.00 x (.9990 - .9677) = $1,000.00 x (.0223) = $22.30Client must request the WPCR via email at support@funeralocity.com within ten (10) business days after the close of the calendar month for which the WPCR is sought.
2.4 Website | Support Requests
In the event that the Client feels that there is an outage of the Funeralocity Website or online platform that may qualify for an WPCR, or if the Client has technical issues with the Funeralocity Website or online platform, Client may make a support request using the following:Phone: ( ) - Email: support@funeralocity.com
2.5 Website | Support Hours
With the exception of federal holidays, Funeralocity’s support staff will be available to respond to non-urgent outage incidents and support requests during the following times:Phone: Monday-Friday | 8:00 am - 6:00 pm | Eastern Standard TimeEmail: Monday-Friday | 8:00 am - 6:00 pm | Eastern Standard TimeThe phone number shown above in Section 2.4 will be answered by an answering service outside of the support hours set forth within this Section. The answering service will have access to necessary contacts for urgent service incidents outside of the support hours set forth herein.
2.6 Website | Target Response Time
Funeralocity’s support team strives to respond to all support requests, regardless of severity, within one (1) to two (2) hours of receiving notice (if notice is received during the support hours set forth in Section 2.5 above). Response time is defined as the time between receipt of the support request and the time that a Funeralocity support team member begins working on the request. Due to the diversity of issues that might occur, and the methods needed to resolve them, response time is not defined as the time between the receipt of the request and problem resolution. Under all circumstances, the Client’s timely cooperation with the Funeralocity support team will be a determinant of how quickly Funeralocity can achieve problem resolution.
2.7 Website | Systems Supported
The Funeralocity Website supports the current version and previous version of the following browsers:Google Chrome;Mozilla Firefox;Microsoft Edge;Safari [only as it pertains to version 14 and newer]
2.8 Website | Maintenance and Service Updates
All websites and online platforms, along with any related components such as Third-Party Applications, require regularly-scheduled maintenance updates to meet established performance levels. Maintenance update activities will render the Funeralocity Website and online platform, or certain components thereof, unavailable for normal use. Maintenance update activities typically occur bi-monthly. To the extent practicable, and whenever commercially-reasonable to do so, Funeralocity will be schedule maintenance update activities during the weekend hours from 8:00 pm Eastern Standard Time on Friday, to 6:00 am Eastern Standard Time on Monday, in an effort to minimize service disruptions. Funeralocity will attempt, but shall not be required, to make commercially-reasonable efforts to notify Clients and Authorized Representatives at least three (3) business days in advance of all planned downtime due to maintenance update activities via the www.funeralocity.com website, or via push notification to the home pages of the Funeralocity Website.
2.9 Website | Information Security
Funeralocity maintains appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Client Data. The Funeralocity Information Security Program includes business continuity planning, employee awareness, incident response, vendor monitoring, information security risk management, device monitoring, and vulnerability patching. In order to learn more about specific aspects of the Funeralocity Information Security Program, please contact technology@funeralocity.com.
¹ Planned outages of the Funeralocity Website and online platform for maintenance or other commercially-reasonable purposes (as further described in Section 2.8) do not serve to decrease the “Actual Number of Hours” used as the numerator.² 31 Days in May x 24 Hours per Day = 744 Hours of Operation