The following terms and conditions apply to the website and services offered by MemorialFundraising.com. This includes the mobile and tablet versions as well as any other version of MemorialFundraising.com accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of MemorialFundraising.com. By registering and using the services and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the service. We may modify this agreement from time to time, and such modification shall be effective upon its posting on MemorialFundraising.com. You agree to be bound by any modification to this terms and conditions when you use MemorialFundraising.com after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. MemorialFundraising.com may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the services only if you can form a binding contract with MemorialFundraising.com, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of MemorialFundraising.com for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the services and website, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
MemorialFundraising.com offers a a white-glove Memorial Fundraising service for the funeral home/funeral industry that helps families receive donations from family, friends and co-workers, which are securely direct-deposited into the funeral home’s bank account.
For more information about our services, please contact us through our chat on the website or through our contact information, our support team will be attentive and available to answer your questions and concerns or visit:
When you register on MemorialFundraising.com, a dedicated Memorial Fundraising Specialist (MFS) will be assigned to you to create your account and create and manage all of your Memorial Fundraisers. Your MFS will do everything possible to maximize donations and reach/exceed your fundraiser goal amount.
When your MFS creates your MemorialFundraising.com account, he/she will enter basic information provided by you about your business into our system. This will automatically create a new connected Stripe account for your business. This will also initiate the Stripe verification process so donations can be received on behalf of your Funeral Home business and MemorialFundraiser.com funds can be withdrawn to your bank account.
MemorialFundraising.com may cancel your account and not supply services, if it is reasonable to do so, at its sole discretion.
MemorialFundraising.com reserves the right to determine pricing for services. MemorialFundraising.com will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. MemorialFundraising.com may change the fees for services, including additional fees or charges. MemorialFundraising.com, at its sole discretion, may make promotional offers with different features and different pricing to any of MemorialFundraising.com users.
All payments to MemorialFundraising.com are handled securely. Plans will be paid by credit card through "Stripe" (payment platform available on MemorialFundraising.com).
Payment will be debited from your credit card immediately upon registering with a MFS. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
You can cancel the MemorialFundraising.com service at any time. However, please note that once a payment is submitted and our service is active, we cannot offer a refund.
ACCOUNT AND SECURITY
If you register on MemorialFundraising.com, you will be required to choose a password and username. You may also be asked for additional information regarding your account, such as your e-mail address, name and other information related to your profile/funeral home. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MemorialFundraising.com of any unauthorized use of your password or account or any other breach of security. You may never use another User’s account without prior authorization from MemorialFundraising.com. MemorialFundraising.com will not be liable for any loss or damage arising from your failure to comply with this agreement.
You may control your user profile and how you interact with the service by changing the settings in your account. By providing MemorialFundraising.com your email address you consent to our using the email address to send you service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
ACCOUNT DELETION AND TERMINATION
Users may terminate their accounts any time, for any reason, by sending us a request via email. That termination will only result in the deletion of the Account and the deletion of all the personal data granted to MemorialFundraising.com.
MemorialFundraising.com reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if MemorialFundraising.com believes that you have breached any of these terms, furnished MemorialFundraising.com with false or misleading information, or interfered with use of the services by others.
LICENSE TO USE THE PLATFORM
MemorialFundraising.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MemorialFundraising.com as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by MemorialFundraising.com, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of MemorialFundraising.com or third parties.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of MemorialFundraising.com or its content suppliers (users) and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MemorialFundraising.com and protected by international copyright laws. All software used on this site is the property of MemorialFundraising.com or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our services, you do not own any rights or titles to our content or other intellectual properties.
MemorialFundraising.com respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with MemorialFundraising.com infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that MemorialFundraising.com may find it on MemorialFundraising.com. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website and services is at your own risk.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to MemorialFundraising.com or licensed to MemorialFundraising.com by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the services. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by MemorialFundraising.com;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the services for any purpose without our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MemorialFundraising.com in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
- Download any Content unless it’s expressly made available for download by MemorialFundraising.com.
Because of the nature of the Internet MemorialFundraising.com provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the services in breach of these terms you will be liable to and will reimburse, MemorialFundraising.com for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit MemorialFundraising.com liability for death or personal injury resulting from its negligence nor any fraudulent representation.
MemorialFundraising.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, MemorialFundraising.com excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to MemorialFundraising.com and MemorialFundraising.com shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on MemorialFundraising.com.
- Any interruptions to or delays in updating MemorialFundraising.com.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the services.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from MemorialFundraising.com.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
THIRD PARTY WEBSITES
Through your use of MemorialFundraising.com you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where MemorialFundraising.com provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that MemorialFundraising.com is in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify MemorialFundraising.com and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use on MemorialFundraising.com.
You understand that MemorialFundraising.com and software embodied within MemorialFundraising.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MemorialFundraising.com and/or content providers who provide content to MemorialFundraising.com. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into MemorialFundraising.com.
No responsibility will be accepted by MemorialFundraising.com for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
CHANGES AND TERMINATION
We may change the website, services and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of USA. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms or the services, please contact us through our website chat widget or contact at: support@MemorialFundraising.com.