FuneralProgramsDirect.com Terms of Use

Thank you for your interest in FuneralProgramsDirect.com. FuneralProgramsDirect.com, is hereinafter referred to as "Us", "We", or "FPD".

These Terms of Use must be considered jointly with our Privacy Policy.

FPD provides a collection of services, including without limitation providing an online presence for Users to view, share, edit, and create projects pertaining to the funeral industry and other Content, subject to the following Terms of Use. By using the Service in any way, you are agreeing to comply with the Terms of Use and other FPD Policies. In addition, when using particular FPD services, you agree to abide by any applicable posted guidelines for all FPD Services, which may change from time to time. Should you object to any term or condition, any guidelines, or any subsequent modifications thereto or become dissatisfied with FPD in any way, your only recourse is to immediately discontinue use of FPD. FPD has the right, but is not obligated, to strictly enforce the Terms of Service and other FPD Policies through self-help, community moderation, active investigation, litigation and prosecution.

1. Definitions

By "Terms of Use," we refer to the terms set forth herein. By "User", we refer to all individuals or entities that access the site, whether the user is a member or not. By "Member", we refer to all individuals or entities that are registered on the site in order to use its services. By "Site" we refer to http://www.funeralprogramsdirect.com, including any subdomains, and any replacement or successor URL, or portions thereof and any associated "Mobile Applications" or sites, (hereinafter referred to as "Site" or "FPD"). By "Member Account", we refer to the private area reserved for each member. It is accessible via a password and contains personal information regarding the member. By "Project", we refer to any creation that a Member creates using our Site or Services. By "Personal Information", we refer to any personally identifiable information collected through the Site about the individual, including but not limited to the individual's name, address, and telephone number. By "Print Services", we refer to any service that we print out and mail Projects to you. By "Service" or "Services", We refer to the Services that FPD offers through its website, including but not limited to providing an online presence for Users to view, share, edit, and create projects pertaining to the funeral industry and other Content. By "Content", We refer to projects, comments, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked to the Site. By "Policies", We refer to all FPD's Policies, including but not limited to FPD's Terms of Use, Privacy Policy, Affiliation Conditions, and Forum Guidelines. By "Price" We refer to the financial payment given to Us by the Member in order to gain use of the Site.

2. Website Description

a. Public v. Private Areas

The Site contains an area open to the public and a private area accessible only by Members. The public area allows access to the Members' Area for project creation. The private area is the part of the site that is accessible only after Member authentication. Members must enter his/her username, password, and/or additional security verification information to enter the private area. The private area allows Members to:

• Access personal information (see Privacy Policy); • Create and manage projects; • Save and print projects; • Publish comments; • Provide access to collaboration tools; and • Create an alias (user name) to be identified on the site.

We reserve the right to change the security verification procedure or the information required from time to time, in our sole discretion. Each Member is responsible for the security and privacy of his own security verification information, and agrees to hold Us harmless for any breach of security of his account as a result of a Member's or third party's acts or omissions related to such information.

3. Conditions of Registration and Membership Status

Our services are reserved to persons lawfully capable, or authorized to be part of a contract in the United States. Our services are not available to minors. You agree that you must be legally an adult to use our services. If you do not comply with these conditions, you cannot use our services. In addition, we reserve the right to suspend or close Member

Accounts without notice for any reason, including, but not limited to:

• Violation the Terms of Use, or other FPD Policies ; • Inability to identify, verify or authenticate the origin of a project; • Making false statements; • Diffusion of confidential, illegal or offensive content (For example, pornography, libel, trade secrets, discriminatory content, incitement of violence and racial, religious or ethnic hatred); • Breaches in moral standards; • Use, copying or diffusion of copyright protected works without express authorization; • Abusive or fraudulent use of collaboration tools (spam of comments, spam of clicks, etc.); • Diffusion of unsolicited commercial messages ("Spam").

You will not hold FPD (including, its officers, directors, agents, subsidiaries, joint ventures or employees) liable for claims, demands or damages (actual and consequential) of any kind for the closing of a Member Account.

The Member Account is personal to the Member and cannot be transferred to a third party.

The Member commits to keep confidential the password he or she chooses for accessing his or her Member Account. The Member Account and the password are personal to the Member and cannot be shared, communicated or transferred to any other individual or entity, except as required by law.

The Member recognizes and accepts being solely responsible for use of his password and Member Account. The Member accepts being held solely responsible for all consequences and obligations generated by use of his/her password and Member Account by a third party.

The member recognizes and accepts as well that the site can consider usage of his Member Account, username or password as proof of the usage of the Site by this Member. All usage of the Site by way of these elements attributable to the Member are considered as being made by the Member. All evaluations, ratings information and comments are also specific to the Member.

Any change of your personal information requested when creating and completing a Member account must be declared to FPD within eight (8) days of the change.

Registration of a Member Account requires, in particular, that the Member provide a valid email address that will be used to communicate between the Member and the Site, and will be used as the unique identifier for the Member Account. All email communications sent by the Site to the email address provided by the Member is deemed to have been received by the Member, who takes full knowledge thereof, at the time of sending by Us.

4. Fees and Commissions

Access to the website is free. Project fees are charged to registered Members of the Site for Projects User creates on the Site. Fees vary based on the number and type of Project(s). Fees are also charged for other Site services such as Print Services. These fees vary based on type of Project and number of orders.

FPD reserves the right to change at any time its policies regarding Project fees and other services fees. These modifications will take effect once they are published online and will apply to all transactions upon their publication. You are therefore invited to regularly check the Terms of Use, and in any case before any transaction. In the case of a temporary policy modification, the period of validity for the modification will be clearly published on the website.

Unless posted otherwise, our fees are indicated in US dollars (USD) and are pretax.

The user, and Member all recognize that when creating a project through the site, FPD can receive, by virtue of a partnership agreement, affiliation agreement or any other contract,

a compensation for having put the parties in contact thus enabling a sale of a product or the service providing by the user thereof. All accept this source of income for the site and waive any right to pursue FPD legally or otherwise in relation to such corresponding income.

5. Billing *

The Pricing Policy describes and specifies billing conditions, which shall apply as if incorporated herein in their entirety.

6. Liability of FPD

a. Disclaimer of warranties

You agree that use of the Site and the Service is entirely at your own risk. The Site and the Service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, FPD disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Site and the Service of creating Projects. To the fullest extent permitted by law, FPD disclaims any warranties for other Services or goods received through or advertised on the Site or the Sites or Service, or accessed through any links on the Site. To the fullest extent permitted by law, FPD disclaims any warranties for viruses or other harmful components in connection with the Site or the Service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

b. Limitations of liability

Under no circumstances shall FPD be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if FPD has been advised of the possibility of such damages), resulting from your use of the Site or the Service, whether the damages arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site, the Service or member account. Such limitation shall also apply with respect to damages incurred by reason of other Services or products received through or advertised in connection with the Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the Site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

7. Member safety and feedback

FPD cannot confirm the identity of each member. The overwhelming majority of FPD Users are trustworthy and well-intentioned. Nevertheless, it's very important to take the same precautions online as you would offline.

a. Moderating

Members who create a Project and Users who upload or otherwise post Content on the Site are solely responsible for the content they upload and publish under the law and under FPD's Policies. FPD does not carry out or guarantee the existence of editorial control of the Content published by its Users or Members. A Member's exercise of the right to withdraw any Project or Content that is under dispute does not at all affect the validity, pertinence, quality or legality of any Project or Content that remains online.

8. Content published on or through the Site.

You understand that all Content posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are solely responsible for any Content that you post, email or otherwise make available through the Site. You understand that FPD does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading, or otherwise objectionable. Furthermore, the Content available on or through the Site may contain links to other websites that are completely independent of FPD. FPD makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will FPD be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on or through the Site. You acknowledge that FPD does not pre-screen or approve Content, but that FPD shall have the right (but not the obligation except as required by law) in its sole discretion to refuse, delete or move any Content that is available through the Site, for violating the letter or spirit of the Terms of Use or for any other reason.

9. Member Guarantee Regarding Proprietary Rights

The Member guarantees that he or she possesses all the intellectual rights on the Content of the Project, texts (Title, sub-title, description), and visual elements. The Member also guarantees that he or she possesses the image reproduction rights, right to image and to personality of the Items and persons depicted or otherwise described in the Project. Conversely, each Member agrees that any and all names, trademarks, service marks, logos, brand names, texts, design and visual elements, and any other Content on the Site which is generated or posted by FPD, are the sole and exclusive property of FPD and no Member is authorized to utilize such Content for their own personal or commercial purposes except upon and consistent with the intent of FPD in providing the Site for Member's use.

10. Taxes, Licenses, and Certifications

FPD does not pay any taxes on behalf of the Users or Members of the Site. Users and Members are solely liable for any taxes payable to any federal, state, local, or other entity resulting from any Project or use of our Services or Site. Whether you are a business entity or individual, you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay any such taxes. FPD recommends that you seek advice from a tax professional.

Depending on the circumstances, such as the number of transactions you conduct, the subject matter of the transaction, licenses or certifications might be applicable to you. You agree that it is your sole responsibility to obtain any licenses or certifications that might be required to conduct a transaction or otherwise use the Services or Site. FPD is not responsible for determining whether or not you should be licensed and/or certified for the use of the Services or Site, or for conducting a transaction. FPD makes no representation or guarantee about licensing or certification of its Users or Members.

11. Modifications

FPD reserves the right, without any limits or restrictions and at its sole discretion, to modify in whole or in part and at any time, its Policies. All changes will be effective once published on the Site. Use of the Site after these changes have been published constitutes your acceptance of the modified Policies. FPD reserves the right to modify, interrupt, or end at any time any service, and shall have no responsibility for the consequences resulting from these modifications, interruptions or ending of these services.

12. Intellectual Property

FPD cannot be aware of all the content published on the site or in the comments. However, FPD commits to remove as quickly as possible any copyright protected material within a reasonable time following notification of the same.

The brand FuneralProgramsDirect.com is a trademark with registration pending and is fully and exclusively owned by FuneralProgramsDirect.com. All graphic elements, design elements, presentations, logos relative to FuneralProgramsDirect.com are the exclusive property of FPD. Any reproduction without FPD written authorization is strictly prohibited.

13. User's control over personal information

All Users have a right to access, modify, correct, and delete any of their personal information, a right which can be exercised at any time by contacting FPD.

14. FPD's use of User's materials

When using FPD services, You are requested to provide to Us or to other Users information concerning FPD services, including your registration, your project(s), evaluations and comments, your messages or tickets, or any other information you may publish on the Site. You are solely responsible for this information. FPD only acts as a passive intermediary in publishing them online.

By accepting the present Terms of Use and other FPD Policies, you agree to use this information in accordance with applicable laws and under these Terms of Use. Subject to the foregoing, you cannot, provide personal information of other Users to third parties without prior written permission by FPD and the corresponding User.

15. Proprietary Rights

Subject to our Privacy Policy, any Content that you transmit to the Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you might retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any User of the Site believe its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed;

3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

______________________________ ______________________________ ______________________________

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

16. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold FPD and FPD's Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17. No Agency Relationship

FPD and Members or Users are independent parties, each acting in its name and for its own purpose. Nothing in this Terms of Use or other FPD Policies shall be deemed to constitute, create, give effect to or otherwise recognize a partnership, agency, joint venture or formal business entity of any kind or create a fiduciary or similar relationship among the parties; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

18. Legal Fees

The User or Member accepts to defend and compensate FuneralProgramsDirect.com (including reasonable lawyer fees), its agents, directors, administrators, employees, owners, and representatives against any request or claim made by a third party, caused by or resulting from a violation or any other act for which the User or Member is responsible, that arose from them not upholding the instructions, guarantees and/or obligations contained in the present Terms of Use, or having violated any law or any regulation of this third party. This includes but is not limited to complaints and legal claims with regards to: infringement or violation of intellectual property rights, libel, calumny or other defamation, privacy rights or "false representation", publicity rights.

FPD reserves the right, at its sole discretion, to organize a defense with a lawyer of its choosing, against all legal claims, legal suits or other affairs that request financial compensation from the user or the member.

19. Relationships between Parties

FPD and Members or Users are independent parties, each acting in its own name and for its own purpose. The present Terms of Use do not create any relationship of subordination, agency, representation, partnership, brokerage, corporate partnership, joint venture, employment relationship or franchise between FPD and any user or member of the site.

20. Applicable Law and Legal Jurisdiction

The present Terms of Use are regulated and interpreted in conformity with United States law, including applicable state and federal law. Each User and Member agrees that as to the applicability and interpretation of these Terms of Use to FPD, substantive and procedural law of the State of Utah, USA, shall apply exclusive of any other jurisdiction's laws and regulations..

The local jurisdiction of the User and/or the local jurisdiction of the Member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with FPD in the Terms of Use. All litigation with regards to the validity, interpretation, or execution of the present General Terms of Use will be submitted exclusively to a court of competent jurisdiction, either state or federal, located in the State of Wyoming, USA, and each Member and User voluntarily submits to the jurisdiction of such courts. In the case where one or many articles found in the Terms of Use were considered to be illegal, non-invocable or inapplicable by legal decision, the same shall be severed from the Terms of Use and the remaining articles in the present Terms of Use will remain in effect.

21. Additional Conditions

• FPD contains links towards other websites and is not responsible for the confidentiality policies or practices on other websites. When a Member or User of FPD clicks on a link that takes them to another site, the Member or User is held responsible for reading the confidentiality policies of said website.

• FPD is not responsible for interactions between Members.

• Members of the site can be individuals or professionals.

• The titles of the different articles of the Terms of Use are given as pure indications without necessarily defining their content.

• You accept that the rights and obligations contained in the present Terms of Use as well as any other documents that are incorporated to it by way of reference may be freely and rightfully transferred by FPD to a third party in the event of a merger or acquisition or of another event.

• In any case, by using the site, you commit to comply with all national and international laws and regulations currently applicable to the use of our services and to your activities on the site. In addition, you recognize specifically and accept that your usage of the site may be qualified as a business in a legal sense. As a business, you are subject to certain specific obligations, such as, and without limitations, registering the business, keeping books and accounting records in compliance with applicable regulations, payment of sales taxes and other applicable taxes, as well as legal dispositions in case of insolvency. In addition, if you have commercial activities on the site, and in particular if you are a professional user, you have to comply with the regulations relative to billing, invoicing, sales, and more generally to all commerce laws and regulations. We recommend you to look for advice from a professional counselor or attorney on these matters.

• All notifications at your attention will be sent to the email address you provided when signing up to FPD. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.

22. Other FPD terms and conditions

The Terms of Use must be read in conjunction with all other FPD Policies, terms and conditions. These terms and conditions contribute to the present Terms of Use and also have contractual value.