Welcome to www.honorcremations.com (the “Site”), a website owned and operated by Honor Cremations, Inc., a Delaware corporation (“Honor Cremations”). Honor Cremations provides its users with early assistance in selecting posthumous services for families upon the passing of a loved one (the “Services”). Our mission is to provide the Services with honesty, transparency, and affordability in mind at all times throughout an emotionally and practically difficult process.
We may periodically make changes to these Terms, in our sole and absolute discretion. When we do, we will update the “Date of Last Revision” date hereunder. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.
We do not provide you with equipment to access the Site. You are responsible for all fees charged by third parties to access the Site or use the Services (e.g., charges by internet service providers).
If any of the Services requires you to hold an account on the Site, such as our Honor Hub, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Honor Cremations immediately of any unauthorized use of your account or any other breach of security. Honor Cremations will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Honor Cremations or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
We reserve the right in our sole and absolute discretion to restrict or terminate your or any other party’s access to the Site for any lawful reason, at any time, with or without notice. In the event of such termination, none of our rights or your obligations provided hereunder shall be waived, nor shall such termination waive our right to relief of any kind to which we may be entitled at law or in equity.
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Subject to these Terms, Honor Cremations grants you a limited, revocable license to access and use the Site solely to use the Services, and to make any purchases, as intended by Honor Cremations. No other use of the Site is authorized.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.
We, our affiliates, our licensors, or applicable third parties, retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Honor Cremations or such third party which may own the Mark.
From time to time, we may offer promotions to Site visitors. To be eligible for a promotion, you must, for the duration of the promotion, reside in a jurisdiction in which the promotion is lawful. If you take part in any promotion, you agree to be bound by the specific promotion rules and by the decisions of Honor Cremations and our designees, which are final in all matters relating to any promotion. Any awards provided by us or our sponsors or partners are at our sole discretion. We and our designees reserve the right to disqualify any entrant or winner in our absolute discretion without notice. Any applicable taxes on any award are the sole responsibility of each winner.
Honor Cremations may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.
YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HONOR CREMATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HONOR CREMATIONS OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
HONOR CREMATIONS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HONOR CREMATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL HONOR CREMATIONS’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE HONOR CREMATIONS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
You will indemnify and hold Honor Cremations, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.
IN ORDER TO EXPEDITE RESOLUTION AND LIMIT THE COSTS ASSOCIATED WITH ANY DISPUTE, YOU AGREE TO BINDING ARBITRATION AS FURTHER DESCRIBED BELOW.
PLEASE READ THE BELOW PARAGRAPHS CAREFULLY, AS THEY ALSO CONSTITUTE A WAIVER OF YOUR RIGHT TO A JURY TRIAL OR A RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION SUIT.
In the event that a dispute or claim of any kind arises under these Terms or related to the Services, the Site, or Site Content, the party raising such disputes or claims must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Honor Cremations should be sent to:
Honor Cremations Inc.
After the Notice is received, you and Honor Cremations agree to use your best efforts to resolve the claim or dispute informally. If you and Honor Cremations do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin a binding arbitration proceeding pursuant to the Arbitration clause provided below. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
If you do not reach a resolution of such claims or disputes with Honor Cremations through the informal process described above, such claims or disputes shall be submitted to binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) by a single arbitrator mutually agreed upon by you and Honor Cremations. If the parties cannot agree upon an arbitrator within thirty (30) days after names of potential arbitrators have been proposed, then one arbitrator having reasonable experience in commercial disputes who is chosen by the AAA under its Commercial Arbitration Rules shall preside as the arbitrator to such disputes or claims brought hereunder. The arbitration shall take place in Alameda County, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof.
Class Action Waiver
Neither you nor Honor Cremations shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Honor Cremations agree that any AAA Class Action Procedures do not apply to any claims or disputes brought by either party to arbitration. A court may sever any portion of this arbitration provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all claims or disputes under these Terms, you may assert an individual claim in small claims court in lieu of arbitration.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under these Terms.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violations of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be required to be submitted to binding arbitration pursuant to these Terms.
If any lawsuit, claim, dispute, arbitration, or legal proceeding of any kind is brought by either party, each party shall be responsible for their own attorneys’ fees, and the parties agree to share any costs associated with arbitration equally.
These Terms will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of law. You submit to the jurisdiction of the federal or state courts of or located in Santa Clara County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts of in Santa Clara County, California. No failure or delay by us in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.