Terms of Service
Price My Funeral (also referred to as “Company” “us” or “we”), provides the PriceMyFuneral.com website ( https://pricemyfuneral.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.
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.
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. 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 Homes, and their agents, Site Partners, employees, or contractors who facilitate and provide funeral goods and services offered on our Site); the ability to select funeral goods and services from your chosen provider. Price My Funeral is not a Funeral Provider. Price My Funeral does not offer funeral goods or services for sale to anyone and we do not set prices on behalf of the Funeral Providers listed 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 “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
Price My Funeral cannot promise or guarantee the pricing or service offerings of any Funeral Provider. We cannot control the conduct of individual Funeral Providers 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.
Links to Outside Content
This Site may redirect or link to third-party sites which are not hosted or run by Price My Funeral, 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.
Price My Funeral does not process or accept payments on behalf of Funeral Providers. Our Services are free to you 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 Price My Funeral 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
Site “Content” includes but is not limited to information, text, photos, graphics, effects, sounds, viewable material, communications, software, or other material that can be viewed by Families on our Site and is owned by Company or its Site Partners (our Site Partners include, but are not limited to our members, licensees, subsidiaries, partners, officers, directors, sponsors, vendors, advertisers, and other persons involved in creating and maintaining the Site and Services). You acknowledge and agree that all Site Content is protected pursuant to the laws of the United States, the individual states, local laws, and any administrative body or agency of the foregoing (collectively the “Laws”).
Limitations on Your Use of Site Content
You may not reproduce, revise, copy, republish, upload, transmit, or distribute Content from this Site in any form or means without first obtaining our express written permission. Any violation of our intellectual property interests may result in criminal or civil penalties.
Disclaimer of Warranty and Representations
We expressly state, and by your use of this Site you acknowledge and agree that we do not warrant or represent that your use of any Content presented on or obtained through the Site will not infringe upon the rights, licenses, or intellectual property of third parties (whether individual or juridical). You agree to hold us harmless for any claims made by third parties against you in relation to such infringements.
Intellectual Property Protections
All other trademarks or service marks are the property of their respective owners. You may not use, and you have no rights under these Terms to the Company’s name, or to any trademark, service mark, logo, or symbol of the Company or its Site Partners.
b. User Data
Families' Intellectual Property
Where necessary, we may remove or modify content or restrict access to the Site or Services in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). You agree that we may remove certain content pursuant to the DMCA without notification to you, and we shall have no liability to you for our good faith compliance with the DMCA. If you believe someone’s copyright has been infringed, you may notify us at email@example.com. Please include information sufficient for us to identify the Content to which you are referring. Nothing on our Site or in these Terms should be considered legal advice.
Spam Prevention & Data Submissions
Price My Funeral complies 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.
Disclaimers of Warranties and Limitation of Our Liability
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:
- Express or implied warranties of merchantability;
- Express or implied warranties of fitness for a particular purpose;
- Warranties against infringement of any kind;
- Warranties of title.
We strive to provide Families with the best possible Site experience; however, we make no warranty that the Site or Services will: (i) meet your personal requirements; (ii) meet your computer, network, or system’s technical requirements; (iii) not be interrupted or disrupted; (iv) or be error free or secure. We make no representations or warranties as to the performance, behavior, or quality of content, services, and products provided to you by our Site Partners or third parties, and we shall have no liabilities related to your dealings with Site Partners or Third Parties. You acknowledge and agree that you shall be solely responsible for your computers and systems; your use of our Site and Services is at your sole risk and discretion. You agree that we may supplement or amend our disclaimer provisions from time to time, with or without notice to you.
Funeral Provider Pricing Disclaimer
WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE FROM TIME TO TIME, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES PROVIDED BY FUNERAL PROVIDERS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS EXCEPT AS NOTED ON OUR SITE. FUNERAL PROVIDERS ARE OBLIGATED TO PROVIDE CONSUMERS WITH “GENERAL PRICE LISTS” (“GPL”) PURSUANT TO 16 C.F.R. 453.1 ET SEQ. (AS MAY BE AMENDED FROM TIME TO TIME). THE COMPANY DOES NOT CALCULATE, PRODUCE, OR PROVIDE GPL INFORMATION FOR FUNERAL PROVIDERS, WE ONLY LIST THE GPL INFORMATION PROVIDED TO US BY FUNERAL PROVIDERS FOR INCLUSION ON OUR SITE. DISPUTES AS TO GPL CONTENT ARE SOLELY BETWEEN THE FUNERAL PROVIDER AND THE CONSUMER DEALING WITH THAT FUNERAL PROVIDER. AS A CONDITION OF YOUR USE OF OUR SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT PRICE MY FUNERAL SHALL NOT BE LIABLE IN ANY WAY FOR THE SUBSTANCE, CONTENT, TIMING, OR PRESENTATION OF GPL INFORMATION.
Funeral Goods and Services Offered by Funeral Providers
WE DO NOT PROVIDE, PROCURE, OR SELL FUNERAL GOODS AND SERVICES, AND WE ARE NOT A FUNERAL PROVIDER SUBJECT TO 16 C.F.R. 453.1 ET SEQ. OR ANY OF THE LAWS RELATED TO FUNERAL PROVIDERS. WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO FUNERAL GOODS AND SERVICES YOU OBTAIN FROM A FUNERAL PROVIDER THROUGH USE OF OUR SITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO LIABILITY, DUTIES, OR RESPONSIBILITY FOR CLAIMS OR ISSUES RELATED TO FUNERAL GOODS AND SERVICES SELECTED ON THIS SITE BUT PROVIDED BY FUNERAL PROVIDERS, INCLUDING BUT NOT LIMITED TO CLAIMS IN TORT, WARRANTY, CONTRACT, OR FOR ENVIRONMENTAL, PERSONAL, OR PROPERTY DAMAGES.
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.
Termination of Use
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 Rights 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.
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. Price My Funeral 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.
This Site (excluding any Third-Party websites) is controlled by us from our offices in the State of Ohio, and the statutes and laws of Ohio 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 Superior Court of the State of Ohio or the U.S. District Court for the District of Ohio with respect to such matters controlled by that court.
Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org . 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.
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.
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 Price My Funeral shall constitute a waiver of any provision of these Terms.
These Terms are the entire agreement and understanding between Families and Price My Funeral 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.
Price My Funeral
26 N. 3rd Street
Zanesville, OH 43701
Updated: August 10, 2019
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