This Agreement constitutes a legally binding agreement between you, whether personally or on behalf of an entity ("you") and Michael P. Neal, and governs your use of Funeral Bill and the FuneralBill.com website and services (collectively "Funeral Bill").
By registering with Funeral Bill you are bound by these terms of service, and agree to the terms posted here, as exist now or as may be modified in the future, each time you access Funeral Bill or the funeralbill.com website is used on your behalf. If you do not agree with these Terms of Service please cancel your registration.
In this Agreement Michael P. Neal may be referred to as 'us,' 'we,' 'our,' or 'licensor', which includes employees, independent contractors, agents and assigns.
You may be referred to as Licensee. The terms 'you,' 'your' or 'licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, agents, heirs, and assigns.
Using Funeral Bill
Registration is personal to you and you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or share your rights under this Agreement with others.
You will not give others access to your username and password.
All information you provide as part of your registration must be true and accurate. If your details change after initial registration you agree to update your details so it is always accurate.
If you need to refund all or part of a payment you will need to do that through your PayPal account. It cannot be done through Funeral Bill.
You and not us are solely responsible for ensuring compliance with all applicable laws, regulations, and legal requirements, including, but not limited to licensing disclosure, refunds, privacy, and compliance with the FTC Funeral Rule and similar state laws and regulations.
Funeral Bill is a gateway for you to conveniently offer your clients an online method of paying for your services and products using your PayPal account. Funeral Bill does not receive information about your clients or services, and does not receive information from your PayPal account.
If you cancel your registration that does not mean the registration information you provide is deleted from our records.
We reserve the right to cancel your registration, and/or the Funeral Bill service, at any time, without notice, for any or no reason
We reserve the right to require additional information, whether before or after initial registration, to confirm your identity and/or authorization to register an account or continue using Funeral Bill.
The appropriateness of all usernames, member names, and access identifiers is at our sole discretion.
We reserve the right to refuse registration, access, or continued access to the service, or any part of the service, to any user at any time for any reason and without explanation.
You may not create multiple usernames and accounts for the purpose of committing fraud, making misrepresentations, or to circumvent a prior termination. If your registration is terminated by us you are not authorized to apply for a new registration, and you or anyone acting on your behalf may not access the Funeral Bill site for any reason whatsoever. Funeral Bill will treat any activity by a terminated user on its site as intentional and an unauthorized access to its protected computer network.
If you breach this agreement your registration may be terminated without notice.
You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of action, damages, losses, and expenses, including but not limited to attorneys fees, resulting from your actions, errors, or omissions, whether active or passive.
Unless we agree otherwise for a listing, your publicly listed information shall be in English.
THE SERVICE PROVIDED BY THIS WEBSITE IS PROVIDED "AS IS", IS NOT GUARANTEED FOR ANY PERIOD OF TIME, AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service, or $100, whichever is less. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
This Agreement in all respects shall be governed by and construed according to the laws of the State of Pennsylvania, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Washington County, Pennsylvania. You consent to the exclusive jurisdiction of the state of Pennsylvania and county of Washington for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the state of Pennsylvania and county of Washington.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: June 1, 2013