Date of Last Revision: March 30, 2016
3 Guys with Helping Hearts, Inc., d/b/a Funeral Donation App, ("Funeral Donation App," "we," "us," "our") provides its services (described below) to you through its website located at www.FuneralDonationApp.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Funeral Donation App may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing Dispute Resolution By Binding Arbitration shall be made as specified therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Finally, we encourage you, particularly if you intend to donate to a Funeral Donation App account, to review the Fees section of these Terms of Service.
ACCESS AND USE OF THE SERVICES
Services Description: The Services are offered as a platform (the "Platform") to users of the Services for assistance in paying for funeral services and making donations to a particular charity or cause on behalf of the deceased. Although there are no fees to set up an account, a percentage of each Donation made to the payment of funeral services and/or towards a particular charity or cause on behalf of the deceased will be charged as fees for our Services and those of our third party payment processors. Please see our Fees section for details.
Funeral Donation App makes no representation or warranty as to whether the donations made are tax deductible by the Donor or whether the causes donated to are considered 501(c)3 organizations by the Internal Revenue Service (IRS) or are otherwise in compliance with IRS guidelines. Funeral Donation App permits Donors to contribute directly to certain charitable organizations ("Charities") through the Platform. Any donation you make to a Charity through the Platform may be processed by an unaffiliated business partner for which a processing fee (in addition to our Services fee) is deducted as described hereinbelow. You understand and acknowledge that Funeral Donation App is not a charity, and Funeral Donation App does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Donor, represent and warrant that if residing in the United States, you are not a charity as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code)
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Funeral Donation App facilitates the Donation transaction between Donor and funeral homes or a designated cause/Charity but is not a party to any agreement between a funeral home, charity or cause and a Donor, or between any user and a Charity. Funeral Donation App is not a broker, agent, financial institution, creditor or insurer for any user. Funeral Donation App has no control over the conduct of, or any information provided by a Funeral Home on behalf of a deceased or a Charity, and Funeral Donation App hereby disclaims all liability in this regard.
Funeral Donation App does not guarantee that a Charity or cause dear to the deceased will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any funeral home, decease, cause or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any donation made, or the outcome of any charitable purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any funeral expenses on behalf of a decedent or to a Charity or cause on behalf of said decedent.
You, as a funeral home, represent, warrant, and covenant that (i) all information you provide in connection with a funeral is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your funeral home on behalf of the particularly identified deceased will be used solely towards the payment of the deceased's funeral expenses and to the extent the funeral expenses are fully paid, any amounts donated over and above the funeral expenses shall be forwarded to the surviving spouse of the deceased, if any; if none, then the overage shall be distributed to the surviving children of the deceased, if any; if no surviving spouse or children, then the overage, if any, shall be distributed to the Charity or cause identified on the Funeral Donation App site for that specific decedent; and (iii) you will comply with all relevant local, state, and federal laws applicable to you.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Funeral Donation App of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Funeral Donation App will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Funeral Donation App reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Funeral Donation App will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage: You acknowledge that Funeral Donation App may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Funeral Donation App's servers on your behalf. You agree that Funeral Donation App has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Funeral Donation App reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Funeral Donation App reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Funeral Donation App and other entities by SMS, M MS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Funeral Donation App account information to ensure that your messages are not sent to the person that acquires your old number.
CONDITIONS OF USE
User Conduct: You are solely responsible for information, data, text, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Funeral Donation App. However, this list is not exhaustive and Funeral Donation App reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in Funeral Donation App's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such account, freezing donated funds when Funeral Donation App reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
A. establish or contribute to any account with the implicit or express purpose relating to any of the following:
1. any activity that violates any law or governmental regulation;
2. content or accounts that are fraudulent, misleading, inaccurate or dishonest;
3. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
4. knives, explosives, ammunition, firearms, or other weaponry or accessories;
5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
6. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
7. the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
8. activities with, in, or involving countries, regions, governments, persons, or entities(including but not limited to Specially Designated Nationals) that are subject to U.S. economic sanctions, unless authorized by the Office of Foreign Assets Control, U.S. Department of the Treasury;
9. human trafficking or exploitation;
10. pornography or other sexual content;
11. offensive, graphic, perverse or sensitive content;
12. the defense or support of anyone alleged to be involved in criminal activity;
13. offering monetary rewards, including gift cards;
14. funding an abortion;
15. ending the life of an animal;
16. transactions for the sale of items before the seller has control or possession of the item;
17. collection of payments on behalf of merchants by payment processors or otherwise; or
18. credit repair or debt settlement services.
B. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
C. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
Donations: In order to contribute to an account or to a Charity, a Donor will be required to provide Funeral Donation App information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Funeral Donation App that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Funeral Donation App to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
Fees: Funeral Donation App does not charge a funeral home any upfront fees for initiating an account on behalf of a decedent. Funeral Donation App retains a flat percentage of each Donation contributed to an account and all charitable contributions made to a Charity (collectively, "Funeral Donation App Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the "Payment Processing Fee," and together with the Funeral Donation App Fees, the "Fees"). Donors acknowledge that by contributing a Donation to an account to pay funeral expenses on behalf of a decedent, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Please see Fees at http:/Aqww.Funeral Donation App.com/pricing. Payment Processing Fees
And links to the applicable terms and conditions of our third party processors are listed below:
US Users ONLY: Authorized.net charges a fee of 2.9% AND $0.30 per donation. (Read Authorized.net's Terms & Conditions).
An Administration/Service Fee of $4.95 is deducted from all donations by Funeral Donation App prior to payment towards a decedent's funeral expenses or the specified cause or charity identified on behalf the decedent.
An additional $2.00 service fee shall be deducted from any physical payments (checks or cash mailed directly to Funeral Donation App)
A fee of $35.00 will be charged for any checks identified as having insufficient funds by the Donor's bank (NSF Fee)
CA Users ONLY: Authorized.net charges a fee of 2.9% AND $0.30 per donation.
(Read Authorized.net's Terms & Conditions).
Fees are deducted directly from each Donation, and will not be reflected in the amount which a funeral home can credit towards funeral expenses or which is directed to a Charity or cause. We reserve the right to change Funeral Donation App's Fee pricing from time to time. If Funeral Donation App does change its Fees, Funeral Donation App will provide notice of the change on the Site or in email to you, at Funeral Donation App's option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
APPLE-ENABLED SOFTWARE APPLICATIONS
Funeral Donation App offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Funeral Donation App and you acknowledge that these Terms of Service are concluded between Funeral Donation App and you only, and not with Apple, and that as between Funeral Donation App and Apple, Funeral Donation App, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Funeral Donation App's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Funeral Donation App and you acknowledge that Funeral Donation App, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Funeral Donation App and Apple, Funeral Donation App, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Funeral Donation App as follows:
PO Box 905
Sanford, NC 27331
Funeral Donation App and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Funeral Donation App, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Funeral Donation App from accessing the Services (including by blocking your I P address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorize herein is strictly
prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Funeral Donation App, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Funeral Donation App.
The Funeral Donation App name and logos are trademarks and service marks of Funeral Donation App (collectively the "Funeral Donation App Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Funeral Donation App. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Funeral Donation App Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Funeral Donation App Trademarks will inure to our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Funeral Donation App are non-confidential and Funeral Donation App will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Funeral Donation App may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Funeral Donation App, its users or the public.
THIRD PARTY WEBSITES/SERVICES
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Funeral Donation App has no control over such sites, services and resources and Funeral Donation App is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Funeral Donation App will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Funeral Donation App is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES
In addition, Funeral Donation App is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Funeral Donation App is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Funeral Donation App enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold Funeral Donation App and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNERAL DONATION APP AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FUNERAL DONATION APP AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE FUNERAL YOU DONATE TO WILL BE PAID FOR IN FULL OR HELD IN ACCORDANCE WITH WHAT YOU DEEM TASTEFULL, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS, (III) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FUNERAL DONATION APP NOR, AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNERAL DONATION APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FUNERAL DONATION APP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FUNERAL DONATION APP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Funeral Donation App support at firstname.lastname@example.org. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Funeral Donation App has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. The payment of attorneys' fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Funeral Donation App and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Terms of Service.
References to "Funeral Donation App", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Funeral Donation App are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Funeral Donation App should be sent to PO Box 905, Sanford, NC 27331, Attn: CEO and CFO, with a copy by email to email@example.com ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Funeral Donation App and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Funeral Donation App may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Funeral Donation App or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Funeral Donation App is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("MA"), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the MA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. All hearings shall be heard in Lee County, North Carolina. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND FUNERAL DONATION APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Funeral Donation App agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Funeral Donation App makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
You agree that Funeral Donation App, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Funeral Donation App believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Funeral Donation App may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Funeral Donation App may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Funeral Donation App will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Funeral Donation App will have no liability or responsibility with respect thereto. Funeral Donation App reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Funeral Donation App and govern your use or the Services, superseding any prior agreements between you and Funeral Donation App with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Funeral Donation App agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California. The failure of Funeral Donation App to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. 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 the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Funeral Donation App, but Funeral Donation App may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
GOVERNING LAW AND EXCLUSIVE JURISDICTION
These Terms and Services will be governed and construed in accordance with the laws of the State of North Carolina as applied to transactions taking place wholly within North Carolina between North Carolina residents. Users and Donors hereby expressly consent to the personal jurisdiction of the state and federal courts located in Lee County, North Carolina for any lawsuit filed to which Funeral Donation App is a named party. Users, Donors and Funeral Donation App agree that the state courts located in Lee County, North Carolina, will be the exclusive courts of jurisdiction and venue for any proceeding between a User, Donor and Funeral Donation App that may be brought, or arise out of, in connection with or by reason of the use of Funeral Donation App services in which Funeral Donation App is named as a Party, and such parties hereby irrevocably waive any and all objections to jurisdiction or venue that each may have under the laws of the State of North Carolina or the United States.
QUESTIONS? CONCERNS? SUGGESTIONS
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.