FUND THE FUNERAL, LLC


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THIS WEBSITE.

Date of Last Revision: May 27, 2016


Fund the Funeral, LLC (“Fund the Funeral,” “we,” “us,” “our”) provides its services through the website located at fundthefuneral.com (the “Site”). We reserve the right at any time to alter these “Terms of Service”. If we alter the Terms of Service we will post the changes on the Site and revise the date at the top of this page. We may also attempt to notify you through email or any other reasonable means. Any changes made to these Site terms will take effect no less than fourteen (14) days from the time they are posted. It is the responsibility of the Site user to check the Terms of Service at least every fourteen (14) days to check if the Terms of Service have changed. If you have any questions regarding the use of the Site or these Terms of Service, please contact us at support@fundthefuneral.com

Failure to abide by these Terms of Service may result in a permanent suspension or termination of your account with Fund the Funeral. In the event of suspension or termination of an account any funeral funds will end immediately and be removed from the site.

Fund the Funeral offers “Services” to its users which may include “Funeral Fund Organizers”, “Donors”, “Funeral Service Providers”, and any other users (registered or non-registered) of the Site. The Services are designed to allow a Funeral Fund Organizer to create a “Funeral Fund” to accept monetary donations from “Donors”. In order for a Funeral Fund to become active on the Site, it must be linked to a Funeral Service Provider account and be accepted by the Funeral Service Provider. The Funeral Service Provider must set the Funeral Fund goal amount and reserves the right to change the Funeral Fund goal amount at any time. The Funeral Service Provider also reserves the right to deny, suspend, or end the Funeral Fund at any time. Donations made to a Funeral Fund will be deposited directly into the Funeral Service Providers business bank account and not the Funeral Fund Organizer as soon as the payment is processed. There are no fees to create a Funeral Service Provider account or to create a Funeral Fund, however a percentage of each Donation will be charged as a fee for our Services and to our third party payment processor. Please see the Fees section for more details.

Funeral Funds are not charities and your donations are not tax-deductible charitable contributions. By accepting these terms of service, you acknowledge that donations made to a Funeral Fund are not deductible for U.S. federal income tax purposes as charitable contributions.


Registering an Account

You must be at least 18 years old and by registering an account you represent and warrant that you are least 18 years old. You must represent yourself and provide accurate information as prompted by the Site during the registration process. This may include, but is not limited to first name, last name, and email address. Funeral Service Providers are required to accurately provide more detailed information including legal business name, phone number, address, and applicable banking information. It is the responsibility of the registered user to update any information that changes post registration with the Site. It is also the responsibility of the user to maintain the security of your password and accept all risks of unauthorized access to the registration data and any other information you provide to Fund the Funeral. You are responsible for all actions performed on the Site using your account.


Creating a Funeral Fund

Registered users of the Site can create a Funeral Fund to accept donations to pay for funeral expenses only. Funeral Funds may only be created to cover the “Final Expenses” of an individual, including, but not limited to the fees charged by the Funeral Service Provider. You must provide accurate information when creating a funeral fund including the name of the deceased, date of birth, and date of death. When creating a Funeral Fund you will have the option to select from Funeral Service Providers who have registered accounts with Fund the Funeral. If the Funeral Service Provider you are using is not registered with Fund the Funeral, you will be prompted to provide us with contact information for the Funeral Service Provider you are using to provide funeral services. We will make a reasonable effort to contact the Funeral Service Provider and notify them of your Funeral Fund with us. If the Funeral Service Provider registers an account with us, your Funeral Fund will be sent to the Funeral Service Provider for confirmation. If the Funeral Service Provider does not register an account with Fund the Funeral, you will be notified by email and your Funeral Fund will not become active on the Site. You may not post any material in a Funeral Fund that is false, inaccurate or otherwise misleading. It is your responsibility to ensure that you do not post any copyrighted material including text or images. If your Funeral Fund is found to be in violation of these Terms of Service, your Funeral Fund may be suspended, or terminated by either the Funeral Service Provider or Fund the Funeral. Funeral Funds have no time limit and will remain active until the Funeral Service Provider chooses to end the Funeral Fund. After a Funeral Fund has ended it will remain visible on the Site, but can no longer receive Donations. In the event that the Funeral Fund generates more money than is required to pay the Funeral Service Provider for their services, the Funeral Service Provider must refund the remainder of the donations to the Funeral Fund Organizer. It is the responsibility of the Funeral Service Provider to contact the Funeral Fund Organizer after ending a Funeral Fund to arrange a refund if necessary.


Donating to a Funeral Fund

You agree that all donations made on the Site through the payment processor associated with the Funeral Fund are made voluntarily by you. Fund the Funeral attempts to ensure the accuracy of Funeral Funds by having all donations go directly to the Funeral Service Providers bank account instead of the Funeral Fund Organizer. We cannot however individually verify the accuracy of the information contained in Funeral Funds on the Site and we do not warrant or represent the accuracy of any Funeral Fund on the Site. Donations are made through a third party payment processor, and Fund the Funeral cannot refund donations made to a Funeral Fund. However, we can put you in touch with the third party payment processor in order for you to request a refund. Refunds given by the third party payment processor are at the sole discretion of the payment processor and in accordance with their terms of service.


Funeral Service Providers

By registering for an account on Fund the Funeral, you represent and warrant that you work for a legal business entity in the United States and that your business primarily conducts business related to funeral services. It is your responsibility to provide accurate information requested by the Site when you register an account with Fund the Funeral. It is the responsibility of the Funeral Service Provider to ensure that all of the donations received for a Funeral Fund are used to cover the expenses of the funeral service. In the event that a Funeral Fund receives more donations than required to cover the expenses of the funeral service, the surplus must be given to the Funeral Fund organizer.

The Funeral Service Provider using "Fund the Funeral" platform ("User") agrees and acknowledges that all donations received through the platform ("Donations") are subject to a fraudulent dispute resolution process ("Dispute Resolution"). The User accepts that any person or entity who has made a Donation ("Donor") has the right to initiate a fraudulent charge dispute for a period of up to one hundred and twenty (120) days following the date of the charge. In the event that a dispute is initiated by a Donor, an investigation will be undertaken. If, following the completion of the Dispute Resolution process, it is determined that the charge was fraudulent, the Donation charge will be reversed. The User agrees that any reversed charges will be debited from their designated bank account ("Bank Account") promptly. The User acknowledges their responsibility for any and all reversed charges and hereby indemnifies "Fund the Funeral" against any claims or liabilities arising out of such reversed charges.


User Conduct and Content

It is the sole responsibility of the Site user to follow the rules for uploading content on the Site. Content may include, but is not limited to, text, comments, information, data, messages, pictures, music, video, graphics, or any other user uploaded content. You are responsible for any content that you upload and you agree not to upload, post, transmit, create or otherwise publish through the Site any of the following:

Furthermore you agree that you are solely responsible for your use of the Site and conduct while on the Site and that you will not do any of the following while connected to the Site:

Fund the Funeral reserves the right to determine if you are in violation of any of user content and conduct stipulations contained in these Terms of Service.


Fees

Fund the Funeral does not charge Funeral Service Providers or Funeral Fund Organizers any fees for registering an account, creating Funeral Funds, or receiving donations. Fund the Funeral receives a flat percentage of each donation made to a Funeral fund. In addition, a fee is deducted from each donation for payment processing which is payable directly to our third party payment processor. Donors to a Funeral Fund acknowledge that their donation is in agreement with the terms and services of the third party payment processor as well as these Terms of Service. Service fees and payment processing fees are provided below:


Linking

You are granted a limited, non-exclusive right to link to the Site provided your link does not portray Fund the Funeral in a negative, false, misleading, derogatory, or otherwise defamatory manner. Links may not be placed on any site that contains illegal, adult, offensive or otherwise objectionable material.


Indemnification

By using the Site, you agree to hold harmless Fund the Funeral and all of its members, from and against any suits or claims, and to indemnify Fund the Funeral against any and all costs, liabilities, damages and expenses that may arise from the use of the Site and related to any user content posted, stored or transmitted on the Site.


Disclaimer

Your use of Fund the Funeral is at your own risk. The service provided by Fund the Funeral is provided on as “as is” and “as available” basis. Fund the Funeral makes no guarantee that its service will meet any requirements, be uninterrupted, secure or error free.


Applicable Law and Venue

The Terms of Service and your use of the Site shall be governed by and in accordance with the laws of the State of Indiana. Any action at law or in equity arising out of or related to these Terms of Service, shall be filed only in the state court located in Tippecanoe County, Indiana. You hereby irrevocably and unconditionally consent and submit to the jurisdiction of such courts over any action, suit or proceeding arising from these Terms of Service.


Contact Information

If you have any questions about these Terms of Service, or about Fund the Funeral in general, you may contact Fund the Funeral by emailing support@fundthefuneral.com.