Terms of Service
WWW.FUNERALBOOKINGS.COM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT WEBSITE OWNER'S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO [web address/link].
1. Limitations of Liability and Indemnification. By using any services provided by www.funeralbookings.com, you agree that Funeral Bookings, Inc., its officers, employees, agents, affiliates, licensees, and web hosting services shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or services, including but not limited to any errors, omissions, delays, or inaccuracies in the information provided. Your sole remedy for any breach or default of this Agreement by Funeral Bookings, Inc. shall be a return of any fees paid to Funeral Bookings, Inc. for the services provided under this Agreement. You agree to indemnify, defend, and hold harmless Funeral Bookings, Inc., its officers, employees, agents, affiliates, licensees, and web hosting services from any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of www.funeralbookings.com, including any breach by you of the terms contained in this Agreement..
2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions in connection with using and by virtue of the services provided on www.funeralbookings.com. You understand that www.funeralbookings.com and Website Owner do not perform background checks on the individuals who may access or use the www.funeralbookings.com services.
3. Do Not Rely on www.funeralbookings.com. Any opinions, advice, statements, or other comments provided on www.funeralbookings.com should not be relied upon and are not to be construed as professional legal advice from Funeral Bookings, Inc. or its representatives. Funeral Bookings, Inc. does not guarantee the accuracy or completeness of any information provided and is not responsible for any loss resulting from your reliance on such information.
4. Warning re: Offensive Information. Funeral Bookings, Inc. cannot control the content posted by other users on www.funeralbookings.com. It is possible that other users may post or send offensive materials on the site. Funeral Bookings, Inc., its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others.
5. Right to Monitor. Funeral Bookings, Inc. reserves the right, but is not obligated, to monitor materials posted in any public area of the website and may, at its discretion, remove any information deemed offensive or in violation of the terms and conditions. You are responsible for any activities that take place under your username and password, and if you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Funeral Bookings, Inc. immediately. It is your responsibility to maintain the confidentiality of your password and account. Funeral Bookings, Inc. is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
In the unfortunate event of a member’s death, Funeral Bookings, Inc. will provide access to a client’s account in accordance with an acceptable legal document that shows you have the authority to act on behalf of the client. If you have such a legal document, please contact our team for more information.
7. Ownership, Copyrights, Trademarks, Licenses. You acknowledge and agree that the website and any software or programs used with respect to any Funeral Bookings, Inc. services contain proprietary and confidential information that is the property of Funeral Bookings, Inc. or its licensors and is protected by applicable intellectual property and other laws. No rights or title of any proprietary and confidential information on www.funeralbookings.com or any software used in connection with any of its services are provided, transferred, or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any of Funeral Bookings, Inc.'s services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing on www.funeralbookings.comare the property of Funeral Bookings, Inc. Funeral Bookings, Inc. retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you..
8. No Warranties. THE USE OF WWW.FUNERALBOOKINGS.COM AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNERAL BOOKINGS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNERAL BOOKINGS, INC. MAKES NO WARRANTY THAT THE WEBSITE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNERAL BOOKINGS, INC. OR THROUGH THE WEBSITE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9. Governing Law; Dispute Resolution. This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) or three (3) arbitrators sitting in California, Los Angeles County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1. of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision. CLIENT FURTHER AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
10. Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
11. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on www.funeralbookings.com will be truthful. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PRVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE.
12. Entire Agreement. This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and www.funeralbookings.com and Website Owner with respect to the www.funeralbookings.com and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use www.funeralbookings.com or any of its services. Your continued use of www.funeralbookings.com after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
13. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
14. Contact. If you have questions concerning this Agreement, please contact us at firstname.lastname@example.org
Last Updated: July 1, 2023