All Funeral Services LLC

Terms of Use

  1. Terms of Use
  2. ACCEPTANCE AND REPRESENTATIONS
  3. Payment
  4. SALE PROCEEDS
  5. FEEs
  6. TAXES, FEES
  7. INDEMNIFICATION
  8. LIMITATIONS OF LIABILITY
  9. CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY
  10. OUTSIDE CONTENT
  11. DISCLAIMER
  12. GOVERNING LAW, DISPUTES
  13. COPYRIGHTS; TRADEMARKS; PATENTS
  14. LICENSE; SOFTWARE
  15. IMPOSSIBILITY OF PERFORMANCE
  16. AFS SOFTWARE
  17. AMENDMENTS
  18. TERM
  19. MISCELLANEOUS

AFS Terms and Conditions (the "Agreement") are between All Funeral Services, LLC (“AFS,” “we,” “us,” or “our”) and the person or entity registering for an Account (“Customer”, “you” or “your”).

  1. Terms of Use. This Agreement governs your access to, use of, and transactions made through AFS. Among other things, AFS facilitates and enables users to purchase products and services in connection with funerals (including funeral goods) and to access and use a set of features, including availability of burial plots at cemeteries. We may make available to you, certain services or products that are subject to additional terms and conditions. AFS is not a funeral home, funeral director, crematorium or cemetery (“Funeral Services Providers”), and by using our services and accepting the Terms of Use you acknowledge and agree that we are not a Funeral Services Provider, and you shall not hold us responsible for any federal, state or local laws (collectively, the “Laws”), including but not limited to, Laws related to provision of any funeral services, or warranty of funeral goods. We do not sell any goods or merchandise; we do not sell cemetery burial lots, but provide a platform to facilitate such transactions.

    This Agreement incorporates by reference any terms and conditions for additional services that AFS may make available to you at some point.

  2. ACCEPTANCE AND REPRESENTATIONS. By registering with AFS and by clicking “YES, ACCEPT THE TERMS OF USE” AND BY USING OUR WEBSITE AND SERVICES ON PROVIDED OR BEING LINKED BY OUR WEBSITE, YOU AGREE TO BEYOND BY THESE TERMS AND YOUR REPRESENT that (i) the execution, delivery and performance by the Customer of this Agreement, and any other document executed by the Customer in connection here with have been duly authorized and not and will not (a) conflict with or result in any breach or contravention of any of your contractual obligation or any order, injunction, writ or decree of any governmental or regulatory authority; (b) violate any law; (ii) no approval, consent, exemption, authorization, or other action by, or notice to, or filing with, any governmental authority is necessary or required in connection with the execution, delivery or performance of this Agreement; or (iii) all information provided or made available by you or on your behalf to AFS is accurate and complete and contains no material misstatement of facts or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made misleading. Upon completion of your registration (completed by you or on your behalf by a Funeral Services Provider), an “Account” will be created for you. You are responsible for all activities that occur under your Account. To the extent you are purchasing a plot or other services for the burial of the deceased, you are legally allowed to do so. You are responsible for maintaining the security of the passwords associated with your Account; if you believe an unauthorized person has access to your password, Account you must contact us immediately. YOU HEREBY CONFIRM YOUR AGREEMENT AND UNDERSTANDING THAT THE SALE IS NOT EFFECTIVE UNTIL YOU RECEIVE A CONFIRMATION OF SUCH SALE TO YOUR E-MAIL FROM AFS. AFS WILL ISSUE SUCH CONFIRMATION ONLY UPON A RECEIPT OF THE CONFIRMATION FROM THE CEMETERY OR THE OTHER FUNERAL SERVICES PROVIDER, AS APPLICABLE.
  3. PAYMENT. You acknowledge and agree that AFS shall have no liability or obligation to you for pricing, billing, or collection disputes between yourself, the Funeral Services Provider or any other third party. You further acknowledge and agree that AFS does not control any Cemetery’s pricing, billing, or collection methods, and we make no representations or warranties related to those items.
  4. SALE PROCEEDS. All funds received from any transaction via AFS platform (directly, via credit card or via a payment processor retained by AFS), (“Sale Proceeds”) will be remitted to the Cemetery (or its account with the agreed upon payment processor) or a relevant funeral goods/services seller/provider as applicable, at the conclusion of the transaction by the Customer.
  5. FEEs. AFS does not set or control fees and costs (other than a fee payable to AFS for the use of its platform by the Funeral Services Provider) and just merely lists such fees as provided to AFS by the applicable Funeral Services Provider.
  6. TAXES, FEES. The Customer will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on it or with respect to the transactions and payments under this Agreement.
  7. INDEMNIFICATION. You will defend, indemnify, and hold harmless AFS and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on or related to: (a) any breach of the Agreement, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the Agreement, (c) any dispute between you and your family members or the other Funeral Services Provider, (d) any interment services (including offer, sale, performance, and fulfillment), (e) cemetery materials, (f) claims brought by cemetery personnel or (h) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
  8. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL AFS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR USE OF ANY SERVICES PROVIDED BY AFS, FROM SALE OR PURCHASE OF A PLOT OR YOUR OTHER SERVICES BY A CUSTOMER OR ANY OTHER FUNERAL SERVICES PROVIDER, EVEN IF AFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, AFS'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE TO THE LIABILITY.
  9. CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY.
    1. Customer Information. We require you to provide information about you and the deceased to access and use the Account, and you may need to provide supplemental information to use or purchase some products or services. You will ensure that: (i) all information that you provide to us is at all times accurate and complete; (ii) you allow and approve sharing such information in the Account with us; and (iii) that such sharing of information is not in violation of any applicable law (including but not limited to HIPPA Regulations, HIPAA Privacy rules etc.). We may share information you provide with third parties for example we will share the names and other pertinent identifying information about the deceased with the crematorium or a cemetery.
    2. Privacy. Except as disclosed in this Agreement, our use of your information is governed by the terms of the All Funeral Services Privacy Policy (“Privacy Policy”) available on our website (www.allfuneral.com). Please review to understand our practices with respect to your information. Please note that all information about users and customers associated with an Account may be shared with your organization.
    3. Confidentiality. In connection with your use of our services, we may share with you information which is identified as confidential or that should reasonably be considered confidential (“Confidential Information”). You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You may use Confidential Information only in connection with your use of the Account. You will not disclose Confidential Information during the term of this Agreement or at any time during the 3-year period following the termination of the Agreement, unless required by law. This applies to all Confidential Information in your possession, regardless of when or where you receive it.
  10. OUTSIDE CONTENT. Our website or AFS Software may direct, redirect or link to third party websites which are not hosted or administered by AFS, and which may provide information about products and services which are wholly provided by third parties which have no connection to AFS. You acknowledge and agree that: (i) AFS does not endorse any content, product, or service on third party websites; and (ii) we shall have no liability for third party websites or services.
  11. DISCLAIMER. UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE AVAILABLE TO YOU BY AFS ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, AFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
  12. GOVERNING LAW, DISPUTES.
    1. Governing Law. The laws of the State of New York, without reference to conflict of law rules, as well as the Federal Arbitration Act and federal arbitration law, govern the Agreement and any dispute that might arise between you and us that pertains to this Agreement.
    2. Disputes. Any dispute or claim relating in any way to our services or this Agreement will be resolved by binding arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address at [All Funeral Services, LLC 750 Lexington Avenue, 12th Floor, New York, NY 10022. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  13. COPYRIGHTS; TRADEMARKS; PATENTS. Use of the Account and our services hereunder does not give you the right to frame, use or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our patents, except as expressly permitted in writing by AFS
  14. LICENSE; SOFTWARE. The following AFS Software Terms and License apply to your access and use of our software and services thereunder and all features and software (including any updates or upgrades to the software) and any related documentation we make available to you in connection therewith (the “AFS Software”). Subject to your compliance with the Agreement and your payment of any applicable fees, AFS or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access and use AFS Software. You may not use data mining, robots, or similar data gathering and extraction tools in connection with AFS services or AFS Software, nor may you download or copy AFS information, including any collection of product listings, descriptions, reviews, or prices without our consent or for the benefit of another service provider. The following terms apply to your use of AFS Software.
  15. IMPOSSIBILITY OF PERFORMANCE. AFS SHALL HAVE NO LIABILITY FOR NONDELIVERY OR DELAY IN DELIVERY OF ANY SERVICES PROCURED THROUGH OUR WEBSITE BY OTHER FUNERAL SERVICES PROVIDERS OR CUSTOMERS. WE SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO ANY EVENT BEYOND OUR REASONABLE CONTROL, WHETHER FORSEABLE BY US, YOU, OR ANOTHER FUNERAL PROVIDER.
  16. AFS SOFTWARE
    1. You may use AFS Software solely for purposes of enabling you to use our services, as permitted by the Agreement. You may not incorporate any portion of the AFS Software into other programs or compile any portion of it in combination with other programs, or otherwise reproduce, duplicate, copy (except to exercise rights granted in this section), modify, exploit, create derivative works of, distribute, sell, resell, assign any rights to, or license the AFS Software in whole or in part. All software used in our website/software is the property of AFS or its software suppliers and is protected by U.S. and international copyright Laws. You may not make any derivative use of our services without the express written consent of AFS.
    2. When you use the AFS Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
    3. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the AFS Software, whether in whole or in part.
    4. We may offer automatic or manual updates to the AFS Software at any time and without notice to you.
    5. All rights not expressly granted to you in the Agreement are reserved and retained by AFS or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by AFS terminate if you do not comply with the Agreement.
    6. In the event of any conflict between the Agreement and any other AFS or third-party terms applicable to any portion of AFS Software, such as open-source license terms or specific product feature restrictions that are conveyed to you in the feature experience, such other terms will control as to that portion of the AFS Software and to the extent of the conflict.
  17. AMENDMENTS. We may, at any time in our discretion, change the Agreement by posting such a change on our website or by notifying your account administrators. YOUR CONTINUED USE OF OUR SERVICES AFTER WE CHANGE THE AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MAY CANCEL YOUR ACCOUNT OR REFRAIN FROM USING OUR SERVICES IMPLICATED BY SUCH CHANGES.
  18. TERM. This Agreement takes effect when you create an Account and continues in effect until you or we terminate it. We may terminate the Agreement by providing notice to your administrators. We reserve the right, in our sole discretion, and with or without notice unless required by applicable law, to refuse service; remove or edit content; modify, suspend or discontinue the availability of any features, products, or services; terminate your right to use some or all of our services; and/or cancel orders. You may terminate the Agreement by giving us notice and closing your Account. Upon termination, all rights and obligations under the Agreement automatically terminate except for rights of action occurring prior to termination, payment obligations, including your obligations under Indemnification, Limitation of Liability, Customer Information, Privacy & Confidentiality Sections, Copyrights, Trademarks & Patents and Miscellaneous Sections.
  19. MISCELLANEOUS.
    1. Except in connection with a reorganization, merger, sale, or transfer of substantially all of your assets (in which cases you must promptly provide written notice following assignment), you may not assign the Agreement without our prior written consent. Subject to that restriction, the Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.
    2. If any part of this Agreement is deemed unlawful, void, or unenforceable, then that part will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
    3. Our failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of our right to enforce such provisions or any other provision of this Agreement subsequently.
    4. In the event of any conflict between the Agreement and the Policies, the Agreement will prevail. In the event of any conflict between the Agreement and our future terms referred in last sentence of Section 1, such future terms will control.
    5. You consent to receive communications from us electronically, including through e-mails, text messages, and other electronic notices.
    6. All notices to us must be sent to the attention of our customer service at [All Funeral Services, LLC 750 Lexington Avenue, 12th Floor, New York, NY 10022.
    7. The Agreement constitutes the exclusive and complete agreement between us and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of the Agreement or which may be in any order, receipt, acceptance, confirmation, correspondence or other document, including informational forms we complete, sign or otherwise provide to you for your convenience.