Terms and Conditions
Last Updated: October 1, 2015
1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ChurchFunerals Direct, Inc.. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ChurchFunerals Direct, Inc. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
ChurchFunerals Direct, Inc. may amend the Terms related to the Services from time to time. Amendments will be effective upon ChurchFunerals Direct, Inc.'s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform and business model that enables users of ChurchFunerals Direct, Inc.'s live operator supported mobile applications or websites provided as part of the Services (each, an "Application") to to access third party licensed funeral homes and directors under agreement with ChurchFunerals Direct, Inc. ("Third Party Providers"). Unless otherwise agreed by ChurchFunerals Direct, Inc. in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT CHURCHFUNERALS DIRECT, INC. DOES NOT PROVIDE FUNERAL SERVICES OR FUNCTION AS A FUNERAL HOME OR FUNERAL DIRECTOR. CHURCHFUNERALS DIRECT INC.’S SERVICES MAY BE USED BY YOU TO ACCESS AND REQUEST THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CHURCHFUNERALS DIRECT, INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
CHURCHFUNERALS DIRECT, INC. DOES NOT GUARANTEE THE SUITABILITY, QUALITY OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. CHURCHFUNERALS DIRECT, INC. WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT USE OF THIRD PARTY PROVIDERS ACCESSED, ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. CHURCHFUNERALS DIRECT, INC. SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
CHURCHFUNERALS DIRECT, INC. PROVIDES A NATIONAL PLATFORM FOR CONSUMERS TO ACCESS SELECT, LICENSED, LOCAL THIRD PARTY PROVIDERS UNDER A CONSOLIDATED BUSINESS MODEL THAT SIGNIFICANTLY REDUCES THE COST OF A FULL-SERVICE FUNERAL RIGHT IN YOUR OWN HOMETOWN. OUR SERVICE IS FREE TO CONSUMERS. CHURCHFUNERALS DIRECT, INC. IS NOT IN THE FUNERAL BUSINESS AND IS NOT A FUNERAL DIRECTOR, FUNERAL HOME OR FUNERAL PROVIDER; DOES NOT PROVIDE FUNERAL DIRECTING OR ARRANGING SERVICES, AND IS NOT IN THE BUSINESS OF DIRECTING OR SUPERVISING FUNERALS. CHURCH FUNERALS DIRECT, INC. RECEIVES COMPENSATION DIRECTLY FROM THE THIRD PARTY PROVIDERS THAT ARE PART OF THE CHURCHFUNERALS DIRECT NETWORK OF LICENSED FUNERAL HOMES AND DIRECTORS. PRICES SHOWN, IF ANY, ARE SUBJECT TO CHANGE WITHOUT NOTICE AND REFLECT PREFERRED PARTNER PROGRAM SAVINGS, IF APPLICABLE. PRICES MAY VARY AND ARE NOT GUARANTEED OR SET BY CHURCHFUNERALS DIRECT, INC. FINAL PRICES ARE DETERMINED BY THE THIRD PARTY PROVIDERS PROVIDING SERVICES. CASKET SHOWN, IF ANY, IS REPRESENTATIVE ONLY AND MAY NOT BE THE ACTUAL CASKET PROVIDED. ADDITIONAL OPTIONAL FEATURES AND ALL CEMETERY ITEMS AND COSTS SUCH AS PLOT, MARKER, OUTER BURIAL CONTAINER, AND GRAVE OPENING AND CLOSING ARE NOT INCLUDED IN ANY PRICES SHOWN. NOT YET AVAILABLE IN ALL STATES. IN SOME STATES, ALL THIRD PARTY PROVIDERS MAY BE WHOLLY-OWNED SUBSIDIARIES OF CHURCHFUNERALS DIRECT, INC.
Subject to your compliance with these Terms, ChurchFunerals Direct, Inc. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by ChurchFunerals Direct, Inc.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ChurchFunerals Direct, Inc.; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain the property of ChurchFunerals Direct, Inc. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ChurchFunerals Direct, Inc.'s company names, logos, product and service names, trademarks or services marks.
3. Your Use of the Services
In order to use some aspects of the Services, you may need to register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ChurchFunerals Direct, Inc. certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or ChurchFunerals Direct, Inc.'s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ChurchFunerals Direct, Inc. in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from ChurchFunerals Direct, Inc. at any time by notifying us by email or in writing. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
ChurchFunerals Direct, Inc. may, in ChurchFunerals Direct, Inc.'s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that ChurchFunerals Direct, Inc. establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ChurchFunerals Direct, Inc.; (iii) may be disabled by ChurchFunerals Direct, Inc. at any time for any reason without liability to ChurchFunerals Direct, Inc.; (iv) may only be used pursuant to the specific terms that ChurchFunerals Direct, Inc. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ChurchFunerals Direct, Inc. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ChurchFunerals Direct, Inc. determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
ChurchFunerals Direct, Inc. may, in ChurchFunerals Direct, Inc.'s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ChurchFunerals Direct, Inc. through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to ChurchFunerals Direct, Inc., you grant ChurchFunerals Direct, Inc. a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ChurchFunerals Direct, Inc.'s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all ChurchFunerals Direct, Inc. User Content or you have all rights, licenses, consents and releases necessary to grant ChurchFunerals Direct, Inc. the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ChurchFunerals Direct, Inc.'s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ChurchFunerals Direct, Inc. in its sole discretion, whether or not such material may be protected by law. ChurchFunerals Direct, Inc. may, but shall not be obligated to, review, monitor, or remove User Content, at ChurchFunerals Direct, Inc.'s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ChurchFunerals Direct, Inc. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, ChurchFunerals Direct, Inc. will receive a payment from the Third Party Provider. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods.
ChurchFunerals Direct, Inc. reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in ChurchFunerals Direct, Inc.’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may not be applicable in other geographical areas and may change without notice. ChurchFunerals Direct, Inc. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof. ChruchFunerals Direct, Inc. may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you will not be charged a cancellation fee.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CHURCHFUNERALS DIRECT, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CHURCHFUNERALS DIRECT, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CHURCHFUNERALS DIRECT, INC. DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
CHURCHFUNERALS DIRECT, INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CHURCHFUNERALS DIRECT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHURCHFUNERALS DIRECT, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CHURCHFUNERALS DIRECT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHURCHFUNERALS DIRECT, INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CHURCHFUNERALS DIRECT, INC.'S REASONABLE CONTROL. IN NO EVENT SHALL CHURCHFUNERALS DIRECT, INC.'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold ChurchFunerals Direct, Inc. and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ChurchFunerals Direct, Inc.'s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and ChurchFunerals Direct, Inc., except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and ChurchFunerals Direct, Inc. are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and ChurchFunerals Direct, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and ChurchFunerals Direct, Inc. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ChurchFunerals Direct, Inc. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if ChurchFunerals Direct, Inc. changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing ChurchFunerals Direct, Inc. written notice of such rejection by certified mail to: ChurchFunerals Direct, Inc., Attn: Dispute Resolutions, 1000 N West Street, Suite 1200, Wilmington, DE 19801, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and ChurchFunerals Direct, Inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to ChurchFunerals Direct, Inc.'s designated agent or to the corporate office at 1000 N West Street, Suite 1200, Wilmington, DE 19801.
ChurchFunerals Direct, Inc. may give notice by means of a general notice on the Services, electronic mail to your email address, or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ChurchFunerals Direct, Inc., with such notice deemed given when received by ChurchFunerals Direct, Inc., at any time by first class mail or pre-paid post to ChurchFunerals Direct, Inc., Attn. User Notices-Legal, 1000 N West Street, Suite 1200, Wilmington, Delaware 19801.
You may not assign these Terms without ChurchFunerals Direct, Inc.'s prior written approval. ChurchFunerals Direct, Inc. may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ChurchFunerals Direct, Inc.'s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ChurchFunerals Direct, Inc. or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ChurchFunerals Direct, Inc.'s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ChurchFunerals Direct, Inc. in writing.