Funeral Decisions.com — Terms of Use Agreement

FuneralDecisions.com is a website that specializes in the procurement of quality sales leads for the pre-need and at–need services of funeral homes and cemeteries (the funeral homes and cemeteries are hereinafter individually referred to as a “Provider” and collectively as “Providers”) from potential consumers (hereinafter “Consumers”). The services offered by Funeral Decisions Co. (“Funeral Decisions” or “we”) include the website located at www.FuneralDecisions.com and www.FuneralDecisionsCRM.com (the “Website”), and any other features, content, or applications offered from time to time by Funeral Decisions (collectively, the “Services”).
The Services are hosted in the United States of America.
If you are the representative of your company, all references to “you” or “your” in this Agreement refer to the entity that you represent. 
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and to the terms of this Agreement.
This Agreement incorporates Funeral Decisions’ content displayed or published (“posted”) on the Website, and your rights, obligations and restrictions regarding your use of the Services.

Please read this Agreement carefully.  If you do not understand or have any questions about this Agreement, please contact us by clicking here and we will respond as soon as possible. By checking the box below, you are indicating that you have fully read, understand, and intend to be bound by the terms and provisions of this Agreement. If you do not agree to be bound by this Agreement, please immediately leave the Website and terminate all use of the Services.

In order to participate in the Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services, those additional terms are hereby incorporated into this Agreement.

Except as otherwise required by law, we may, in our sole discretion, change the terms of this Agreement from time to time and at any time. This may include adding new or different terms, or removing terms from this Agreement. When changes are made we will update this Agreement on the Website. The Website will be updated on or before the effective date of revised Agreement, unless an immediate change is necessary as required by law or to maintain the security of the Website or for other legal reasons. You will be notified if we revise, modify or otherwise update this Agreement. Your use of any of the Services after the effective date of the new version of this Agreement will constitute your acceptance of the new version of this Agreement.

Funeral Decisions reserves the right, in its sole discretion, to reject or refuse to allow you to use the Services or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Services. Funeral Decisions shall provide, on a case-by-case basis, some or all of the following Services to Providers:
    1. Sales leads for pre-need and/or immediate need funeral and/or cemetery and/or crematory services by providing the electronic mail (“e-mail”) and/or telephone number of the Consumer; or
    2. Use of Funeral Decisions’ Customer Relationship Management System (“CRM”), which includes, at no additional cost, the sales leads set forth in 1.a above.

      *Additional information about the Services is provided on the next page if the terms and conditions of this Agreement, contained herein, are accepted by you (by clicking below).

  2. Fees for ServicesThere is a fee for use of the Services provided by Funeral Decisions. If you accept the terms and conditions of this Agreement (by clicking below), you will be taken to other areas of the Website that will explain, in-depth, the Services and the fees associated with the Services. Unless otherwise agreed to by and between Funeral Decisions and you, the fees for use of the Services shall be paid, on a weekly basis, by Funeral Decisions charging your company credit card on file. In the event that Funeral Decisions is unable to charge your company’s credit card, for reasons outside of its control, a monthly service charge of 1.5% will be added to any amounts which remain unpaid for more than thirty (30) days from the date that Funeral Decisions notifies you of its inability to process your payments. In no event will the service charge be greater than that permitted by law.  If Funeral Decisions is required to institute legal proceedings to collect fees due and owing from you, Funeral Decisions shall be entitled to reasonable attorneys’ fees and costs of collection.
  3. Eligibility. Use of the Services is void where prohibited. By clicking the appropriate box below, you agree, covenant and warrant that:
    1. All registration information that you may submit is truthful and accurate, and that you will maintain the accuracy of such information by updating your profile as necessary;
    2. You are at least 18 years of age; and
    3. Your use of the Services does not violate any applicable law or regulation.
  4. Conflicts between Agreements. If this Agreement conflicts with any other agreements related to your use of the Services, or the other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control with respect to Services with which it is associated, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions of other agreements regarding the Services that do not appear in this Agreement will continue to apply.
  5. Term. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time, for any reason, by following the instructions on the Account Management Page, after a successful login. Funeral Decisions may terminate your use of the Services at any time, without warning. This Agreement will remain in effect even after the Services are terminated. Upon termination, you will be responsible for all accrued but unpaid fees due Funeral Decisions, if any.
  6. Use by Providers. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Funeral Decisions. Illegal and/or unauthorized use of the Services is strictly prohibited. Funeral Decisions explicitly reserves the right to take any and all appropriate legal action in response to any illegal or unauthorized use of the Services.
  7. Proprietary Rights in Content on FuneralDecisions.com. All content posted by Funeral Decisions ("FuneralDecisions.com Content") is protected by copyright, trademark, patent, trade secret and other laws, for which Funeral Decisions owns and retains all rights thereto. Funeral Decisions hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the FuneralDecisions.com Content (excluding any software code) solely for your use in connection with viewing the Website and using the Services. You may not, nor shall you permit any third party to: (1) copy, decompile, reverse engineer, attempt to derive the source code of, modify, or create derivative works from the Services or Website, any updates or any part thereof; or (2) otherwise exercise any other right to the Services or Website not expressly granted in this Agreement.
  8. Proprietary Rights in Content on FuneralDecisionsCRM.com. All content posted by Funeral Decisions ("FuneralDecisionsCRM.com Content") is protected by copyright, trademark, patent, trade secret and other laws, for which Funeral Decisions owns and retains all rights thereto. Funeral Decisions hereby grants you a limited, revocable, nonsublicensable license to reproduce, edit and display the FuneralDecisionsCRM.com Content (excluding any software code) solely for your use in connection with utilizing the Website and using the Services. You may not, nor shall you permit any third party to: (1) copy, decompile, reverse engineer, attempt to derive the source code of, modify, or create derivative works from the Services or Website, any updates or any part thereof; or (2) otherwise exercise any other right to the Services or Website not expressly granted in this Agreement. All rights to content expire immediately upon termination of Services.
    1. All content/data entered by You remains under your ownership. You grant Us and Our Affiliates a worldwide, limited-term license to host, copy, transmit and display Your Data, and any Non-FuneralDecisionsCRM Applications and program code created by or for You using a Service, as necessary for Us to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data of any Non-FuneralDecisionsCRM Application or program code.
    2. ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, WILL BE PERMANENTLY LOST OR INACCESSIBLE DUE TO NON-PAYMENT.
  9. Provider Conduct. In addition to the prohibitions described in Section 6, you agree that you will not use the Website, Services, or any content delivered to you as part of your use of the Services in any way that would: (1) infringe any third party copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy; (2) be fraudulent or involve the sale of counterfeit or stolen items; (3) impersonate another person or entity; (4) be false, misleading, or inaccurate; (5) create liability for Funeral Decisions or our affiliates or vendors, or cause us to lose (in whole or in part) the services of any of our vendors; (6) interfere with or disrupt computer networks used for the Website and/or Services; (7) interfere with or disrupt the use of Website and/or Services by any other user; or (8) use the Website and/or Services in such a way as to gain unauthorized entry or access to the computer systems of others.
  10. COPPA. The Children's Online Privacy Protection Act ("COPPA") and other federal laws and regulations restrict the collection, use and disclosure of “Personally Identifiable Information” which is defined as: a first and last name; a home or other physical address including a street name and a name of a city or town; an email address; a telephone number; a social security number; or any other identifier that permits the physical or online contacting of a user. Funeral Decisions does not collect or require users under the age of 18 to provide any Personally Identifiable Information as defined by COPPA, nor does it disclose any such Personally Identifiable Information. If Funeral Decisions ever determines that it has received Personally Identifiable Information of any individual under 18 years of age, it will delete such information as quickly and as confidentially as possible.

    If you have any question concerning our privacy policies, the collection, or the use of Personally Identifiable Information, please contact us by clicking here and we will respond as soon as possible.

  11. Collection and Disclosure of Information.  Funeral Decisions may collect and retain information about you (the “Information”).  Funeral Decisions utilizes the Information solely to maintain and support the Services. Funeral Decisions does not publish or otherwise make such Information publicly available, other than in connection with the Services, nor does it disclose the Information on the homepage of the Website (or any other website) or to any affiliates, unaffiliated entities, or other third parties in any other way, for any other purpose, other than in connection with the Services.
  12. Provider Representations and Warranties. In order to induce Funeral Decisions to allow you to use the Services, you hereby represent and warrant as follows:
    1. You are an entity organized, validly existing and in good standing under the laws of every state in which you are a Provider and you have all licenses and approvals necessary for the operation of your business.
    2. YOU AGREE TO SUBMIT ACCURATE BIDS FOR ALL POTENTIAL SALES LEADS       PROCURED THROUGH FUNERALDECISIONS.COM. FUNERAL DECISIONS WILL ACTIVELY MONITOR THE ACCURACY OF BIDS SUBMITTED BY YOU. REPEATED FAILURE TO SUBMIT ACCURATE BIDS FOR POTENTIAL SALES LEADS COULD LEAD TO FUNERAL DECISIONS RESTRICTING, SUSPENDING OR TERMINATING YOUR ACCESS TO ALL OR ANY PART OF THE SERVICES.
  13. Customer Disputes. You are solely responsible for your interactions with Consumers that use the Services provided by Funeral Decisions. Funeral Decisions reserves the right, but has no obligation, to monitor disputes between you and the Consumers that use the Services provided by Funeral Decisions.
  14. Disclaimers and Liability. Funeral Decisions intends that the information contained in the Website will be accurate and reliable; however, errors sometimes occur. In addition, Funeral Decisions may make changes and improvements to the Website at any time. Under no circumstances will Funeral Decisions be liable for any loss or damage caused by your reliance on information obtained through the Website. To the extent that the Website contains links to other websites, Funeral Decisions is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Funeral Decisions. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Funeral Decisions; when you access these third-party sites, you do so at your own risk. Funeral Decisions takes no responsibility for third party advertisements that may be posted on its Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Funeral Decisions is not responsible for the conduct, whether online or offline, of any user of the Services. Funeral Decisions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Website. Funeral Decisions is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in connection with the Services. Under no circumstances shall Funeral Decisions be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Funeral Decisions expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Funeral Decisions cannot guarantee and does not promise any specific results from use of the Services.

  15. Limitation on LiabilityIN NO EVENT SHALL FUNERAL DECISIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FUNERAL DECISIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUNERAL DECISIONS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUNERAL DECISIONS IN CONSIDERATION FOR THE RIGHT TO ACCESS AND/OR USE THE SERVICES.
  16. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of New Jersey, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey. Either Funeral Decisions or you may demand that any dispute between Funeral Decisions and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Hoboken, New Jersey provided, that the foregoing shall not prevent Funeral Decisions from seeking injunctive relief in a court of competent jurisdiction.
  17. Indemnity. You agree to indemnify and hold Funeral Decisions, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of your use of the Services, or your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth.
  18. Miscellaneous. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by your clicking below. This Agreement constitutes the entire agreement between you and Funeral Decisions regarding the use of the Services. The failure of Funeral Decisions to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.  This Agreement shall be effective on the date you click below.

I AM 18 YEARS OF AGE OR OLDER, I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.