WWW.CREMATIONSOCIETYOFPHILADELPHIA.COM TERMS OF SERVICE
Welcome to www.cremationsocietyofphiladelphia.com, the official website of the Philadelphia Cremation Society, a business incorporated in the Commonwealth of Pennsylvania. This document constitutes a legally binding agreement (“Agreement”) governing the terms of providing you with our service. This website is managed by Funeral Home Resource. Throughout this document, the words “Philadelphia Cremation Society,” www.cremationsocietyofphiladelphia.com, “Funeral Home Resource,” “us,” “we,” and “our,” refer to us, Philadelphia Cremation Society, our website, www.cremationsocietyofphiladelphia.com, or our service, Philadelphia Cremation Society, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is viewing this page.
2. Description of Service
Funeral Home Resource owns and/or operates a number of websites relevant to the funeral industry, and offers marketing, listing services, phone and web leads to participating funeral homes. Consumers can browse any of our sites and find a funeral provider, as well as purchase other services such as flowers, or they can create an obituary/memorial.
We are partnered with companies that provide some of these products and services for sale to the public. Others, such as obituary/memorial listings we offer for free (we provide these services).
We cater to a primarily American audience, although Canadian users may create an online memorial if they chose to do so.
3. Information Supplied
When using this website, you may provide your name, e-mail address, mailing address, and the kind of services that you are interested in.
Depending on the services you use, you may be required to provide additional information. For example, if you post an obituary/memorial, you will be asked to provide details which may contain information about yourself or others. If you purchase services such as flowers, you will need to provide information about the destination address and other information to a third party partnered with us.
In compliance with the Children’s Online Privacy Protection Act, in addition to providing us with the above information about yourself, you must be thirteen years of age or older to use our service. Please do not provide us with any information or otherwise attempt to use our service if you are under that age.
Our website is free to access and view, and our obituaries and memorials are free to post.
However, if you represent a business and wish to purchase services through a Funeral Home Resource website, such as purchasing a directory listing for your funeral home, you must provide us with payment. In the case of directory listings, you may either pay us with a credit card or print an invoice and mail us a check—please note that directory listings will not be published until payment is received and cleared.
When providing credit card information, the credit card must be your own. If the credit card does not belong to you, you must have permission from the accountholder to use their card for your transactions. You agree to pay the amount that is being billed to you, and authorize us or our authorized third party processor to process your card.
Similarly, you must be the accountholder of the bank account on which any checks sent to us are drawn, or you must be authorized by the accountholder to make the transaction.
In either case, if there is any mistake in pricing, we will correct it and send you any additional invoices.
Please note that chargebacks and check cancellations are only appropriate for certain disputes, such as failure to provide our services when legally obligated to after all other resolution options have been discussed and failed. Any use of fraudulent chargebacks or check cancellations simply to get free listings is strictly prohibited, and will be dealt with by reporting such chargebacks to your local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction. We will also remove the listing.
In the event of a cancelled or non-sufficient funds check, you agree to compensate us for any fees charged by our bank for cashing the improper check.
We may elect to provide some of our services, such as flowers, through third party partners. In such cases, we may decide either to receive your payment ourselves, or to have the third parties receive your payment. In the event of the latter, the same payment rules that apply to us apply to your payments to third parties.
Fulfillment and shipping of third party goods and services is not under our direct control. Shipping details and costs will be made available to you when purchasing services online, and options may vary based on your state. You are also responsible to pay any taxes that may be associated with the order, even if you are not charged said taxes online. For example, your state may have a sales or use tax requiring you to report out of state purchases of goods or services and pay taxes on them—this is solely your responsibility.
We may permit you to post obituaries or memorials on our website. The following conditions apply to such postings:
By publishing any content to our website, you grant us an irrevocable, perpetual, universal, sub-licensable, commercial and non-commercial right to use the content.
You may only publish things you have the legal right to publish. For example, you may not defame anyone or infringe on anyone’s intellectual property rights.
You must not post anything that is disrespectful or otherwise objectionable. We will determine what constitutes disrespectful or objectionable material.
Such postings are currently free, but we may begin to charge for the service at any time should we wish to do so.
We may choose to delist one or all of the obituaries/memorials at any time.
We may post advertisements, commercial links, and other commercial material on the same page as the obituaries/memorials you post.
We are not liable in any way if we remove your content, intentionally or unintentionally. It is your responsibility to make the appropriate backups of anything you submit, and to keep copies for your self.
7. Communications Decency Act
We are not liable for any user generated content that may be found on our site. This includes any defamatory or offensive content that is published by third parties on our Site. Although we may choose to edit any clearly defamatory content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.
If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the “SPEECH Act” as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States.
If you believe that we have published something that is defamatory (in other words, it has been published by Philadelphia Cremation Society and not by a third party using our website), please notify us immediately so that we can address the issue.
Many of the services offered through our website are provided by third parties who partner with us, or by advertisers who pay to advertise the services, and not us. Therefore, we cannot provide any assurances that such services will be provided in an accurate or timely fashion, or at all. You agree that if a third party service provider or advertiser creates any legal cause of action, you will, should you choose to litigate, not name as a defendant Philadelphia Cremation Society, Funeral Home Resource, or any of its officers, agents, directors, employees, shareholders, or other affiliates of Philadelphia Cremation Society.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on copying our funeral services directory list, our online obituaries and memorials in whole or in part.
Philadelphia Cremation Society is a trademark used by us, Philadelphia Cremation Society, to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Funeral Home Resource is a trademark used by Funeral Home Resource to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
11. Revocation of Consent
Where Philadelphia Cremation Society or Funeral Home Resource has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
12. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message that contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to the Funeral Home Resource Copyright Agent at:
Attn: Copyright Agent
701 Brazos St, Suite #1622
Austin, Texas 78070
If sending the notification by e-mail, an electronic signature is acceptable.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
15. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida. The offer and acceptance of this contract is deemed to have occurred in the State of Florida.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Florida.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
The prevailing party in any dispute will be entitled to their reasonable attorneys’ fees, court costs, and disbursements.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, inspections, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Funeral Home Resource Corporation shall have the sole right to elect which provision remains in force.
19. Termination & Cancellation
We may terminate your directory listing or any other provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.