Last updated: December 23, 2020
Thank you for visiting ILOF.com® ("Website"). Our fundraising platform helps you raise money for your loved one’s funeral expenses. Relatives and friends are able to donate, unanimously if they prefer, and funds go directly to your chosen funeral home, thereby providing for the memorial service your loved ones deserve.
The Website is the property of In Lieu Of Flowers, LLC, doing business as ILOF.com®. "ILOF.com®", "we", or "us" refers to ILOF.com® together with its parents, officers, directors, employees, representatives, subsidiaries, affiliates, agents and consultants. Please read these terms carefully before beginning use of the Website. By using the Website, you accept and agree to be bound by these Terms of Use [and our Privacy Policy] ("Terms"). If you do not agree with any of the Terms, please do not use the Website.
ILOF.com® reserves the right, at any time and in our sole discretion, to modify these Terms. When the Terms are modified, we will post the revised Terms on this page and indicate the date of the revision above. Your continued use of the Website on or after the date indicated above constitutes your acceptance of the new Terms.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE SECTION TITLED "DISPUTES WITH ILOF.COM®" BELOW, BY USING THE WEBSITE OR ITS OFFERED SERVICES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ILOF.COM® WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY. BY CONTINUING TO USE THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND AGREE TO BE BOUND BY SAME.
ILOF.com® Services Description: ILOF.com® offers a platform for Funeral Service Providers to set up and manage fundraising campaigns ("Funeral Funds") at the behest of their clients ("Next of Kin") to solicit and accept monetary donations ("Donations") from Donors to pay for funerals services, memorials, and other end-of-life expenses ("Final Expenses") for the Next of Kin’s deceased loved one ("Deceased").
ILOF.com® Pricing: ILOF.com® receives 5% of each donation made to a Funeral Fund. In addition, 2.9% is deducted from each donation for credit card processing. ILOF.com® does not charge any additional fees to the ones mentioned here.
ILOF.com® Provides a Platform: The Website and its conducted Services are merely a platform. ILOF.com® is not a broker, agent, financial institution, creditor, or 501(c)(3) nonprofit corporation. All information and content provided by ILOF.com® regarding the Website and Services are for informational purposes only. ILOF.com® does not guarantee the accuracy, completeness, reliability, or timeliness of any information or content, including but not limited to User-Provided Content. Before making any decisions regarding Donations, Funeral Funds or otherwise regarding the Services or information provided on the Website, it is recommended that you contact your financial, legal, or tax professional as appropriate. You acknowledge that all information and content accessed by you on the Website and any decisions you make in response are at your own risk.
ILOF.com® has no control over the conduct of its users or information provided by users. ILOF.com® disclaims, to the fullest extent of the law, all liability with regard to user behavior and User-Provided Content. ILOF.com® makes no guarantees that a Funeral Fund will receive any Donations or a certain amount of Donations. We do not endorse and will not solicit on behalf of any specific Funeral Fund. We make no guarantee, express or implied, that any User-Provided Content is accurate. We expressly disclaim any liability or responsibility for the outcome, success, or total Donations received (if any) for any Funeral Fund. All users, as Donors, must make a final and individual determination as to the value and appropriateness of contributing to any Funeral Fund.
No Solicitation: ILOF.com® offers the Services to help Next of Kin raise money for funeral services and end-of-life expenses. ILOF.com® only provides a platform and the technology to allow Funeral Service Providers to assist Next of Kin in connecting with Donors. The existence of the Services or any particular Funeral Fund does not constitute solicitation of donations by ILOF.com®. ILOF.com® does not and will not engage in any solicitation activities on behalf of any Funeral Fund, Next of Kin, or Funeral Service Provider. By using the Services, you understand and agree that ILOF.com® is not responsible for the use of your Donations or the amount of funds raised for any Funeral Fund.
Modification to the Services: ILOF.com® reserves the right to modify, suspend or discontinue the Services (or any part thereof) at any time and for any reason, with or without notice to you, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
Making Donations to a Funeral Fund: All Donations are at your sole risk. You agree that all Donations made on the Website are made voluntarily by you. While ILOF.com® endeavors to ensures that the Donations are used as intended for Final Expenses by having all Donations be deposited directly to the respective Funeral Service Provider’s bank account, ILOF.com® does not and cannot however verify the accuracy of the User-Provided Content and associated information contained in the Funeral Funds on the Website and therefore we do not warrant or represent the accuracy of any Funeral Fund on the Site. We further do not guarantee that the Donations will be used in accordance with any fundraising purpose or as described in the Funeral Fund descriptions. With that said, ILOF.com® takes possible fraudulent activity and the misuse of funds very seriously. If you have reason to believe that a Funeral Fund, Funeral Service Provider, or Next of Kin is not raising or using the funds for their stated purpose, please contact us at legal@ilof.com.
Information Required for Donation: To make a donation through the Services, a Donor will be required to provide credit card information or other payment information ("Payment Information"). You, as a Donor, represent and warrant that you are authorized to use the Payment Information for the purpose of making a Donation to the respective Funeral Fund. You agree that all Donations are final and will only be refunded in accordance with the Refund Policy provided in this section. ILOF.com® uses a third-party payment processing partner to bill you through your Payment Information for any Donations made, and Donors acknowledge that by contributing a Donation to a Funeral Fund, the Donor agrees to the processing, use, transfer or disclosure of data by our payment processor pursuant to any and all applicable terms set forth by our payment processor. Donations will only be accepted in United States currency.
No Earmarking: Provided the use is in accordance with paying a Deceased’s Final Expenses or creating a memorial on behalf of the Deceased in accordance with the Terms (hereinafter the "Purpose"), how Donations are specifically used and allocated are within the discretion of the Next of Kin. Donors are prohibited from imposing restrictions on the use of the Donations made by the Donor. To the extent a particular Donor directs that the Donation should be used in a specific way, those directions shall constitute non-binding recommendations to the Next of Kin. The Next of Kin, in coordination with their Funeral Service Provider, shall have full discretion to determine how all Donations will be used.
No Representation as to Tax Status: ILOF.com® makes no representation as to whether all or a portion of your Donation(s) are tax deductible or eligible for tax credits. ILOF.com® will have no responsibility for any claim by any taxing authority with respect to your characterization of any Donation by you or any user. You should contact your tax professional prior to making any Donation to the extent that you donation is motivated, in whole or in part, by receiving tax credits or benefits to assess the taxable status of your Donation and/or the recipients of your Donation. You are responsible for paying any fees or taxes associated with your use of ILOF.com®, including but not limited to fees or taxes associated with making or accepting Donations.
Refunds: With the exception of mistake and fraud, all Donations made through the Services are final. In the case of mistake, if a Donor realizes after completing the transaction that the Donation was made to the incorrect Funeral Fund, the Donor can contact us at info@ilof.com to have the Donation moved to the correct Funeral Fund provided that the Funeral Fund to which the Donor mistakenly made the Donation has not yet expired and the Donor contacts ILOF.com® regarding the mistake within seven (7) days of the erroneous payment. In the case of fraud, if a Donor believes that the Funeral Fund he or she donated to is fraudulent, he or she shall contact us at info@ilof.com and report the suspected fraudulent activity. If our investigation confirms in our sole discretion that the Funeral Fund is fraudulent, a full refund will be credited to Donor’s Payment Information. In all other cases, you acknowledge and accept, as a Donor, that all payments are final and no refund is due.
You, as a Funeral Service Provider, represent, warrant, and covenant that: (1) you represent a legally established company, corporation, or other entity operating in the United States and that your primary business is related to the providing of funeral services; (2) all information that you provide in connection with a Funeral Fund is accurate, complete, timely, and not likely to mislead reasonable users; (3) all Donations received for a Funeral Fund will be used to pay for funeral services for the deceased person that is the subject of that Funeral Fund ("Deceased"), priced at or below your standard rate for said funeral services; (4) if the amount of Donations for a Funeral Fund exceeds the total cost of the funeral services for the Deceased, the remaining Donations for that Funeral Fund will be paid to the respective Next of Kin; and (5) in no circumstances will the Donations be used for any purpose other the Purpose or payments to Next of Kin.
You, as a Funeral Service Provider, further represent, warrant, and covenant that: (1) any User-Provided Content that you post, images you use, or other information that you provide for a Funeral Fund does not infringe the rights of others; (2) you will comply with any and all relevant applicable law and financial reporting obligations; and (3) to the extent you share any personal information of any Next of Kin or third parties with us for any purpose, you have the authority to make that disclosure. You authorize ILOF.com®, and ILOF.com® reserves the right, to provide information relating to your Funeral Funds to Donors, Next of Kin, or law enforcement, and to assist in any investigation thereof.
The Purpose shall be the only reason for the creation of a Funeral Fund. The Purpose includes, but is not limited to, the fees directly charged by the Funeral Service Provider. Any and all fundraising campaigns created or attempted to be created for any reason other than the Purpose is subject to deletion by ILOF.com® and removal of said Funeral Service Provider’s ability to create Funeral Funds. By creating a Funeral Fund, the Funeral Service Provider warrants, represents, and covenants that permission from the Next of Kin has been secured for the final disposition of the loved one. The Funeral Service Provider shall not create a Funeral Fund unless explicitly authorized to do so by the Next of Kin. The Funeral Service Provider shall provide evidence of that authorization upon request from ILOF.com®.
The Funeral Service Provider shall create and post the Funeral Fund in coordination with the Next of Kin. By creating and posting a Funeral Fund for the Deceased, the Funeral Service Provider represents, warrants, and covenants that the Deceased’s Next of Kin has reviewed and approved the contents of the Funeral Fund (including all text and pictures). Funeral Service Providers are solely responsible for all Funeral Fund content.
Each Funeral Funds will be open for a period of thirty (30) days. After 30 days, the Funeral Fund will expire and will no longer be able to receive donations. The expired Funeral Fund will be archived and available for viewing on the Website; however, it will no longer be able to receive Donations. The Funeral Service Provider reserves the right to deny, suspend, or end any of their Funeral Funds at any time including but not limited to prior to the expiration of the Funeral Fund.
In the event that the Funeral Fund generates more money than the stated goal and/or total sums needed to pay for all funeral expenses, ILOF.com® will pay the remainder of the donations to the Next of Kin.
The Funeral Service Provider will be responsible to contact the Next of Kin after ending a Funeral Fund and arranging any payments, if applicable.
Donations minus the Administrative Fee and Processing Fee (hereinafter "Payment") shall be deposited directly to the bank account provided for deposit by the Funeral Service Provider. Payments made to a Funeral Fund will be deposited directly into the bank account of the Funeral Service Provider for the applicable Funeral Fund 3 business days after the campaign has concluded. The Funeral Service Provider is solely responsible for ensuring that the received Donation(s) is/are correctly applied to the expenses of the intended Funeral Fund or paid to the correct Next of Kin, as applicable. Payment is based upon and subject to the third party processor’s procedures and terms and credit card processor’s terms. ILOF.com® is not a payment processor and does not hold funds.
ILOF.com® does not withhold funds for tax purposes or otherwise. You are solely responsible for taxes based upon and subject to the applicable federal, state, local or any other taxes or levies, or for any applicable taxes based on net income or gross receipts (if any).
With respect to all Donations you make or accept through the Services, you agree: (a) not to accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent; (b) not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government; (c) to maintain reasonable and standard security measures to protect information transmitted and received through the Services; and (d) to maintain a copy of all electronic or other records related to Donations as necessary for ILOF.com® to verify compliance with the Terms (and to make such records accessible upon ILOF.com®’s request) and as required by applicable law.
ILOF.com® reserves the right to refuse, condition, or suspend any Donations or transactions that we believe in our sole discretion may violate the Terms or harm the interests of our users, business partners, the public, or ILOF.com®, or that expose you, ILOF.com®, or others to risk unacceptable to us. ILOF.com® may disclose any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agent consistent with our legal obligations. This information may include information about you, your account, your Funeral Funds, your Donors, your Donations, and transactions made in connection with your use of the Services.
You may be required to register or create a user account with the Website in order to access and use certain features of the Services. If you choose to register, you represent and warrant that all information you are providing is true, accurate, current, and complete and is related to your true identity and/or Funeral Funds that you are authorized to create. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., third party payment processors), with whom ILOF.com® has entered into contracts, in order to benefit from their services. If ILOF.com® or one of its third party payment processors at any time discovers that the information you provided about you or the purpose of your Funeral Fund is incorrect or violates the Terms, the Services may be suspended and/or terminated immediately, without prior notice to you, and fines may be applied by the relevant authorities which will in all cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.
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 notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. ILOF.com® shall not be liable for any loss or damage arising from your failure to comply with this Section.
The Website and its entire contents, features, and functionality (including but not limited to all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code design, structure, selection, coordination, expression, "look and feel", and arrangement of same) are owned by ILOF.com®, its licensors, and other providers of materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property, unfair competition, and proprietary rights laws.
Further, Funeral Service Providers alone may:
You must not:
If you wish to make use of any material on the Website other than as set out in this section, please address your request to: info@ilof.com.
Trademarks: ILOF.com®, In Lieu of Flowers, LLC, and all related names, logos, product and service names, designs, and slogans are trademarks of ILOF.com® or its affiliates or licensors. You must not use such marks without the prior written permission of ILOF.com®, except for use in the context of identifying that a Funeral Fund is registered and being managed through ILOF.com®. All other names, logos, products and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Copyright Infringement: ILOF.com® respects the intellectual property rights of others. If you believe that any User-Provided Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of ILOF.com® to terminate the user accounts of repeat infringers.
You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website and/or Services:
Additionally, you agree not to:
Some of your and others users’ activity on and through the Services is public, including but not limited to: the content Funeral Service Provider users may submit to describe, detail or illustrate Funeral Funds; dates of Donation; Donation amounts; Donor names if the Donor chooses to not remain anonymous; and comments or memories shared by users on the Funeral Fund pages ("User-Provided Content"). Additional information may also be displaced to facilitate user interaction within the Services. To keep the details of your Donation private from the general public, simply click the "Keep this memorial anonymous" checkbox when submitting your Donation. Please remember that if you choose to provide information in your interaction with the public-facing aspects of the Services, then that information may be publicly available and reviewable by others. Individuals reading such information may use or disclose it to other individuals or entities without your knowledge or consent.
All User-Provided Content must comply with the Content Standards set out in these Terms. You understand and acknowledge that you are responsible for any User-Provided Content you submit or contribute, and you, not ILOF.com®, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any User-Provided Content that you post to the Website shall be considered non-confidential and non-proprietary. By providing User-Provided Content on the Website, you grant ILOF.com®, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such materials for any purpose. You represent and warrant that: (a) you own or control all rights, or you have received a license from the owner or controller of all rights, in and to the User-Provided content and have the right to grant the license granted above; and (b) all of your User-Provided Content does and will comply with these Terms.
These standards apply to any and all User-Provided Content. User-Provided Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User-Provided Content must not:
ILOF.com® may, in its sole discretion:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS ILOF.COM® AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ILOF.COM® OR LAW ENFORCEMENT AUTHORITIES.
However, ILOF.com® cannot and do not undertake to review material before it is posted to the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Please be advised that the User-Provided Content and other unsolicited information that you provide may be publicly accessible, such as information that you post in the memory or comment sections. ILOF.com® also collects information through customer support communications, your communications to us of new features to offer, and other unsolicited submissions, or any questions, comments, suggestions, feedback, or other information about the Services (collectively "Unsolicited Content"). By sending ILOF.com® Unsolicited Content, you agree that we are under no obligation to keep the Unsolicited Content confidential. You acknowledge that we may also have something similar to the Unsolicited Content in development or under consideration, and you further agree that ILOF.com® is entitled to the unrestricted use and dissemination of the Unsolicited Content for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You further submit and represent that you have all rights necessary to submit the Unsolicited Content, and to the extent necessary, you hereby grant ILOF.com® a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (with rights of further sublicense) and license to use, reproduce, disseminate, distribute, create derivative works from, modify, and otherwise exploit, both commercially and noncommercially, any and all Unsolicited Content. This section shall survive any termination of your account, your use of the Services, or your accessing of the Website.
You further acknowledge and agree that ILOF.com® may preserve or archive the User-Provided Content, including Unsolicited Content, for any purpose and may disseminate that information if required to so by law or in the good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User-Provided Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ILOF.com®, its users or the public.
You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes, or other similar activity (each, a "Promotion") on or through the Website or the Services.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ILOF.com®, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ILOF.com®. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website and our Services from time to time, but the contents are not necessarily complete or up-to-date. Any of the material on the Website may be out of data at any given time, and we are under no obligation to update the material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You are granted a limited, non-exclusive right to link to the Website, provided you do so in a way that is fair and legal and does not portray ILOF.com® in a negative, false, misleading, derogatory, or otherwise defamatory manner. Links may not be placed on any site that contains illegal, adult, pornographic or otherwise objectionable material. You further must not establish a link in such a way to suggest any form of association, approval, or endorsement on the part of ILOF.com®.
ILOF.com® may provide certain social media features that enable you to: (i) link from your own or certain third party websites to certain content on this Website; (ii) send emails or other communications with certain content, or links to certain content, on this Website; or (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
This Site also contains third-party links to independent Funeral Service Provider websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to the Website users. We have no control over the contents of those sites or resources, and ILOF.com® is not responsible for, neither does ILOF.com® endorses, the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Louisiana in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ILOF.COM® NOR ANY PERSON ASSOCIATED WITH ILOF.COM® MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ILOF.COM® NOR ANYONE ASSOCIATED WITH ILOF.COM® REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ILOF.COM® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ILOF.COM®, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless ILOF.com®, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User-Provided Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
You hereby agree to indemnify and hold harmless ILOF.com® (its officers, directors, agents, and employees) from any damages or claims arising from your use of the Services, including any damages or claims resulting from false, erroneous or misleading information that you submit, post, upload, and display on the Website.
ILOF.com® is not responsible for your interaction and/or agreements with other users, including but not limited to Donors, Next of Kin, or Funeral Service Providers. Any dispute between you and another user must be resolved between yourselves, and you hereby hold ILOF.com® harmless with respect to any such disputes. ILOF.com® reserves the right, but has no obligation, to monitor disputes between users.
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.
Unless you opt-out as described in this section and except for certain types of disputes described below in this section, you agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or the Website, and the formation, validity, enforceability, scope, or applicability of the Terms, including this Section (referred to as a "Claim") will be resolved binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
You and ILOF.com® agree that: (a) any arbitration will occur in Baton Rouge, Louisiana; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), which are hereby incorporated by reference; and (c) that the state or federal courts of the State of Louisiana and the United States, respectively, sitting in Baton Rouge, Louisiana have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Claim in the small claims court located in the county of your billing address if the Claim meets the requirements to be heard in small claims court.
Opt-Out Right: You may opt out of this agreement to arbitrate. If you do so, neither you nor ILOF.com® can require the other to participate in an arbitration proceeding. To opt out, you must notify ILOF.com® in writing within 60 days of the date that you created your user account (for Funeral Service Providers) or made a Donation (for Donors). You must use this address to opt out:
ILOF.com®, Attn: Arbitration Opt-Out, 5535 Superior Drive, Baton Rouge, LA 70817, Info@ILOF.com®.
You must include your name and residence address, the email address that you use for your Account, and a clear statement that you want to opt out of this arbitration agreement. By opting out of binding arbitration, you are agreeing to resolve Claims in accordance with those portions of Section that pertain to litigation in Court. ILOF.com® reserves the right to terminate your user account, ability to create Funeral Funds, or ability to make Donations if you elect to opt out of the arbitration terms.
Modifications to this Arbitration Provision: If we make any future changes to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to our address for Opt Out of Arbitration Notices stated above. ILOF.com® reserves the right to terminate your user account, ability to create Funeral Funds, or ability to make Donations if you elect to opt out of the new arbitration terms, and the terms in effect immediately prior to the changes will survive.
Confidentiality: You and ILOF.com® both agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
No waiver by ILOF.com® of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ILOF.com® to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
If any of the provisions of these Terms are held by a court of competent jurisdiction to be void or unenforceable, such provisions shall be eliminated to the minimum extent necessary and replaced with valid provisions that best represents the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and ILOF.com® with regard to your use of the Website. You agree that no conduct between ILOF.com® and you or any other party may be deemed to modify any provision of these Terms. The section titles in these Terms 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 or other matters by displaying notices or links to notices generally on the Services. ILOF.com® may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent ILOF.com® from complying with the law. ILOF.com® shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Please contact us at info@ilof.com to report violations of the Terms or ask any questions.