Funeralocity, Inc. (hereinafter the “Company,” “us” or “we”), provides the funeralocity.com website (https://www.funeralocity.com) (the “Site”), as well as the Site’s related tools and search functions (collectively the “Services”), subject to your compliance with the following Terms and Conditions of Use (the “Terms”) without reservation or exception.
BY CLICKING “YES, ACCEPT THE TERMS OF USE” AND BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES OR SERVICES AVAILABLE ON THIS SITE, OR THESE TERMS IS LIMITED TO THE REMEDY STATED IN SECTION 9 OF THIS AGREEMENT AND YOUR AGREEING TO IMMEDIATELY CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
a. Site Revisions.
We reserve the right to occasionally revise these Terms with or without providing notice of the changes to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such revisions will constitute acknowledgement and acceptance of the modified Terms.
We may obtain third parties to assist us in delivery of our Site and Services. References to our “Site Partners” include third parties, our members, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Services available on this Site.
a. Our Services.
We provide a number of Services for Families (for purposes of these Terms, Families refers to consumers who use our Site and its Services) on our Site, including, but not limited to, the ability to search and compare pricing for funeral goods and services offered by Funeral Providers (“Funeral Providers” shall include Funeral Directors, Funeral Homes, and their agents, Site Partners, employees, or contractors who facilitate and provide the funeral goods and services offered on our Site and Services) within a geographic area; the ability to select funeral goods and services from your chosen provider; and the ability to browse and create reviews of Funeral Providers. The Company is not a Funeral Provider. We do not offer funeral goods and services for sale to anyone and we do not set prices on behalf of the Funeral Providers displayed on our Site. By using our Services, you acknowledge and agree that we are not a Funeral Provider, and you shall not hold us responsible for any federal, state, or local laws (collectively the “Laws”), including the Laws related to the provision, delivery, warranty, or pricing of funeral goods and services.
b. No Guarantee of Services or Results from Funeral Providers.
The Company cannot promise or guarantee the pricing or service offerings of any Funeral Provider. We cannot control the conduct of individual Funeral Provides, and make no claim or representation about the quality of service you may receive from a Funeral Provider selected using our Services.
c. Site Function.
You understand and agree that intermittent and/or temporary interruptions of the Site may occur which are beyond our control. Further, you acknowledge that we have no control over the Site Partners that we may use to provide the Services. You acknowledge and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user information or settings, or for the services we may obtain from our Site Partners. You acknowledge that we shall not be liable to you in any way for errors caused by our Site Partners.
User-Created Content Guidelines: Your use of the Site is subject to the Laws, and you are solely responsible for any comments or review messages you leave on the Site. By use of our Site and Services, you agree that you will not post comments, content, or other links which:
No Liability for or Endorsement of Families’ Content. We do not endorse material that individual Families post to our Site. You acknowledge and agree that we shall have no liability for any material uploaded or submitted by Families on any part of the Site. We do not screen reviews or other Family submitted content; however, we and our Site Partners reserve the right to remove any and all such content that we, in our sole discretion determine violates these Terms. We are not responsible for any failure or delay in removing content submitted by Families.
Links to Outside Content. This Site may redirect or link to third party sites which are not hosted or run by Funeralocity, and which may provide information about products and services which are wholly provided by third parties which have no connection to us. You acknowledge and agree that: (i) we do not endorse any content, product, or service on third party sites; (ii) we cannot control the information, services, or sites of third parties; and (iii) we shall have no liability for third party sites or services. In the event that you enter contracts, promotional ventures, or otherwise correspond with a third party that links from or to our Site and Services, we shall have no liability for the delivery, content, representations, products, or services provided by those third parties. The relationships you enter with third parties that originate from our Site and Services are solely between you and the third parties.
Google Maps. This Site uses Google Maps web mapping service. By using this Site you are subject to Google's terms of use, located at https://www.google.com/intl/en/policies/terms/.
The Company does not process or accept payments on behalf of Funeral Providers. Our Services are free to you in exchange for your acceptance and compliance with the terms of use and applicable laws and any selections of funeral goods and services you make using our Services are transmitted by us to the Funeral Provider of your choice. Payment for the selections you make using our Services is due to the Funeral Provider you have chosen on the terms and conditions you have agreed to with that Funeral Provider. You acknowledge and agree that Funeralocity shall have no liability or obligation to you for pricing, billing, or collection disputes between yourself and your chosen Funeral Provider. You further acknowledge and agree that we do not and cannot control any Funeral Provider’s pricing, billing, or collection methods, and we make no representations or warranties related to those items.
We reserve the right to revise our Payment procedures and methods in any way, at any time to better provide our Services.
a. Company Intellectual Property:
b. User Data.
Spam Prevention. We comply with the CAN-SPAM Act, 15 U.S.C. Chapter 103, §§ 7701 et seq. We use spam filters and other tools to protect Families from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, you acknowledge and agree that no content filters or spam tools are perfect, and we cannot and expressly do not guarantee that unsolicited or harmful content will not reach your email address, computer, or networks. We shall have no liability for unwanted content that reaches your email address, computer, or networks.
Data Submission. All data you transmit to us is subject to our privacy policy available at www.funeralocity.com/privacy.
Site Content.
The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. No warranty of any kind is provided in connection with or related to the Site, Services, or content therein. We expressly disclaim and exclude the following warranties from these Terms:
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to our removal from the Site of any information you provide to us, subject to the limitations on data removal set forth in our privacy policy, available at [insert link to privacy policy]. In no event shall we or our Site Partners be liable to you or any third party for special, punitive, incidental, indirect, or consequential damages of any kind, including but not limited to those resulting from loss of use, loss of profits, loss or alteration of data arising out of or in connection with use of our Site or Services.
You agree to defend, indemnify, and hold us and our Site Partners harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. We may terminate the Site or Services at any time without liability to you.
a. Grounds for Termination.
In our sole discretion we may terminate or suspend your access to the Site and Services with or without notice and for any reason. You acknowledge and agree that we shall have no liability for terminating or suspending your use of the Site or Services.
b. No Right to Services if Termination Occurs.
If we terminate or suspend your rights to use the Site or Services pursuant to Section 8(a) of the Terms, your rights to access the Site or Services shall immediately cease.
Operational Scope. Our Site and Services may be accessible worldwide. However, we make no representation, claim, or warranty that any specific Funeral Provider, whether located in the United States, United States Territories, or worldwide, will participate in our Site and Services. Funeralocity is not responsible for compliance with the laws outside of the United States. You are responsible for compliance with the laws of your jurisdiction. Any offer for any product, Service, and/or information made in connection with this Site or Services is void where prohibited.
Governing Law. This Site (excluding any Third Party websites) is controlled by us from our offices in the State of Louisiana, and the statutes and laws of Louisiana shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Louisiana state courts or the U.S. District Court for the Eastern District of Louisiana with respect to such matters controlled by that court.
Email Notices. Notices to us must be sent to the attention of Customer Service at Information@funeralocity.com . You agree to allow us to submit notices to you solely via email. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication as of the date we send the email to the address you provide. In the event you do not provide a valid operational email address, you waive rights to any notice we may provide.
No Commercial Rights. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site and Services.
Force Majeure and Impossibility of Performance. We shall have no liability for non-delivery or delay in delivery of products and services available through our Site (but provided by Funeral Providers). It is the responsibility of your chosen Funeral Provider to provide your funeral arrangement’s goods and services, and we shall have no liability arising from or related to any event beyond our reasonable control, whether or not foreseeable by us, you, or the Funeral Provider, including but not limited to: labor disturbances, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those listed above. The foregoing shall include instances where our Site and Services do not relay information to your Funeral Provider due to any circumstance listed in this provision.
Savings Clause. If any part of these Terms is held unenforceable or is otherwise not permissible under the Laws, that portion shall be construed in a manner consistent with the Laws, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. Further, no course of performance or course of dealing between Families and Funeralocity shall constitute a waiver of any provision of these Terms.
Entire Agreement. These Terms are the entire agreement and understanding between Families and Funeralocity regarding use of the Site and Services, and these Terms supersede all prior agreements, documents, and understandings of the parties with respect thereto. These Terms shall not be altered, supplemented, or revised by the use of any other document(s). To the extent that anything in or associated with this Site or Services conflicts these Terms, the Terms shall control.