EFUNERAL.COM

TERMS OF USE

PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

            These “Terms of Use” set forth the terms and conditions that apply to your use of www.efuneral.com (the "Web Site”). By using the Web Site, you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

1. Third Party Providers

The Web Site primarily functions as an online research, information, listing and advertising service, which is intended to bring users together with third-party providers of funerals and related products and services (each, a “Third Party Provider”). Certain information appearing on the Web Site may be provided directly by Third Party Providers or other third parties, and discrepancies or errors may appear. Building 2 LLC, an Ohio limited liability company doing business as “EFuneral” (“EFuneral”) does not verify any of the pricing and other information that Third Party Providers may provide, or that is otherwise posted on its Web Site, for accuracy, omissions, or completeness of information. Pursuant to certain web links, offers, promotions, or other transactions included on the Website (each, an “Offer”), certain Third Party Providers may also offer to provide products or services that are ancillary to funeral services.

All pricing and other terms of any sale (including pursuant to an Offer) remain subject to direct agreement between the Web Site user and the Third Party Provider only. EFuneral does not ensure, warrant, or otherwise guarantee the pricing, quality, or performance of any of the products or services provided by Third Party Providers, including to the extent provided using or through the Web Site, or pursuant to an Offer. EFuneral does not provide funeral products or services directly, and is not a party to any transaction between Third Party Providers and users of the Web Site. Any and all concerns, discrepancies, or differences regarding a transaction (including pursuant to an Offer) must be addressed directly with the Third Party Provider.

Neither EFuneral nor its principals, agents, or affiliates will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Third Party Provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Third Party Provider, you agree that your sole recourse shall be toward such Third Party Provider and not toward EFuneral or its principals, agents, or affiliates.

2. Copyrights, Trademarks, and Patents

The materials found on the Web Site are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright © Building 2 LLC, all rights reserved. Permission is granted to view and print materials from the Web Site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Web Site, whether in electronic or hard copy form, without the express prior written permission of EFuneral, is strictly prohibited.

            “EFuneral” and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify EFuneral and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of EFuneral. No person is authorized to use, copy, or distribute any portion the Web Site including related graphics.         

3. Links to Third-Party Web Site

            The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site, including without limitation links to sites of Third Party Providers (each, a “Third-Party Site”). EFuneral does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. EFuneral does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

4. Children’s Issues.

The Web Site is not directed for use by children under eighteen (18) years of age without adult supervision. Children under such age must not use the Web Site or services offered on it without adult supervision, and are not permitted to become members of the Web Site or to otherwise submit any personally identifiable information. By visiting or using the Web Site or accepting these Terms of Use, you represent and warrant to EFuneral that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

5. Use of the Web Site

The Web Site is primarily designed to allow users the opportunity to access information about and purchase funerals and related products and services. You represent and warrant to EFuneral that you have used and will use the Web Site in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.

As a user of the Web Site, you may be required to submit certain information that will help us to provide you with information about our products, including your name, address, e-mail address, telephone number, and other information. EFuneral is not responsible for any information, material, or ideas submitted on the Web Site. More specifically, EFuneral does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Web Site. Any information, materials, or idea submitted on the Web Site will be considered non-confidential and non-proprietary, except to the extent set forth in the Web Site’s Privacy Policy, which you are encouraged to review, and which is incorporated herein by reference.

To the extent you are accessing any portion of the Web Site requiring a login ID or a password, you are responsible for all use of the Web Site made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify EFuneral and its members, managers, officers, agents, and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.

Visitors to the Web Site are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Web Site to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

Users are also prohibited from violating or attempting to violate the security of the Web Site. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Web Site service, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. EFuneral reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, EFuneral reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. EFuneral reserves the right to expel users and members of the Web Site and to prevent their further access to the Web Site if they violate our Terms of Use. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

6. No Representations or Warranties; Limitations on Liability

            The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. EFUNERAL AND/OR ITS SUPPLIERS, AGENTS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL EFUNERAL OR ITS SUPPLIERS, AGENTS, OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

EFUNERAL RELIES ON A VARIETY OF SOURCES OF DATA TO GENERATE CERTAIN INFORMATION AND REPORTS THAT IT GENERATES OR POSTS ON THE WEBSITE. ALTHOUGH EFUNERAL MAKES A SIGNIFICANT EFFORT TO ASSURE ACCURACY, THESE DATA SOURCES ARE NOT ALWAYS VERIFIABLE, AND DISREPENCIES OR ERRORS MAY APPEAR. FURTHER, THE THIRD PARTY PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF EFUNERAL OR ANY OF ITS PRINCIPALS, AGENTS, OR AFFILIATES. EFUNERAL DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A THIRD PARTY PROVIDER, OR AN ACT OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OR OTHER CAUSES BEYOND EFUNERAL’S CONTROL.

7.         Indemnification

            You agree to indemnify, defend and hold harmless EFuneral, and its officers, managers, members, employees, agents, and affiliates, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site or your violation of any of these Terms of Use.

8.         Governing Law and Jurisdiction

            These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Web Site will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Web Site or these Terms of Use must be commenced by you within one year after it arises.

9. Changes to These Terms of Use

            These Terms of Use were last updated on August 30, 2012. We may update our Terms of Use as our policies and procedures change from time to time. We encourage you to periodically review this page to become aware of any changes.

10. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and EFuneral, and such Terms of Use govern your use of our Web Site, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to additional terms, conditions, and agreements concerning your use of specific EFuneral products and services (in each case, a “Customer Agreement”). In the event of any conflict or ambiguity between these Terms of Use and your specific Customer Agreement, the terms of your Customer Agreement will prevail.

11. Contact Information

           Questions or comments regarding the Web Site or these Terms of Use should be sent by e-mail to info@efuneral.com or by U.S. mail to Building 2 LLC d/b/a EFuneral, 1621 Euclid Avenue, Suite 2150, Cleveland, Ohio 44115. You can also submit a comment through the “contact us” portion of our Web Site.