TERMS OF USE
Southfield Funeral Home & Cremation Services
Last Updated: August 11, 2026
These Terms of Use ("Terms") govern your access to and use of the website operated by Southfield Funeral Home & Cremation Services ("Southfield Funeral Home," "we," "us," or "our"), including the information, features, forms, obituary pages, guestbooks, photographs, communications, and other services made available through the website (collectively, the "Website").
Please read these Terms carefully. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our applicable Privacy Policy. If you do not agree with these Terms, please do not use the Website.
1. PURPOSE OF THE WEBSITE
The Website is provided to offer information concerning Southfield Funeral Home & Cremation Services and the funeral, cremation, memorial, and related services we may provide; to publish obituary and memorial information; to allow visitors to submit condolences, photographs, memories, and other appropriate memorial content; to permit families or authorized individuals to submit preliminary information relating to funeral arrangements; and to provide methods of contacting our funeral home.
Information appearing on this Website is provided for general informational and communication purposes unless expressly stated otherwise.
Use of this Website does not, by itself, establish a funeral director-client relationship, contractual relationship, fiduciary relationship, or other professional relationship between you and Southfield Funeral Home & Cremation Services.
2. FUNERAL ARRANGEMENTS AND PROFESSIONAL SERVICES
Southfield Funeral Home & Cremation Services provides funeral and mortuary services in accordance with applicable federal law, Michigan law, licensing requirements, administrative rules, and professional requirements.
Information submitted through this Website regarding a death, funeral arrangements, cremation, burial, transportation, memorial services, or other funeral-related matters is considered a request for information or preliminary communication unless Southfield Funeral Home expressly confirms otherwise.
Submitting information through the Website does not, by itself, constitute authorization to embalm, cremate, bury, transport, prepare, transfer, or otherwise handle human remains and does not constitute acceptance of a funeral services contract.
Any required contracts, disclosures, authorizations, permits, identification procedures, signatures, payment arrangements, or other documentation must be completed in accordance with applicable law and Southfield Funeral Home's procedures.
Where legally required, authorization must be provided by the individual or individuals possessing the legal authority to make decisions concerning the deceased.
3. FUNERAL PRICING AND CONSUMER RIGHTS
Southfield Funeral Home & Cremation Services intends to comply with the Federal Trade Commission's Funeral Industry Practices Rule, commonly known as the "Funeral Rule," and applicable Michigan requirements.
Consumers have certain rights regarding the selection and purchase of funeral goods and services. Applicable prices, required disclosures, and terms governing funeral goods and services will be provided through the appropriate price lists, contracts, statements, disclosures, or other documentation required by law.
Information displayed on the Website should not be interpreted as replacing any General Price List, Casket Price List, Outer Burial Container Price List, Statement of Funeral Goods and Services Selected, contract, authorization, or other disclosure required by applicable law.
If information appearing on the Website conflicts with a current legally required price list, signed agreement, authorization, or disclosure provided directly by Southfield Funeral Home, the applicable official document will control to the extent permitted by law.
4. NO GUARANTEE OF WEBSITE PRICING OR AVAILABILITY
We make reasonable efforts to maintain accurate information concerning our services. However, services, merchandise, availability, descriptions, photographs, and other information may change.
Unless expressly identified as a binding offer, information appearing on the Website does not constitute an offer or guarantee that a particular funeral service, merchandise item, cemetery-related item, cremation option, facility, vehicle, clergy member, celebrant, third-party service, date, or other item will be available.
Final selections, pricing, and obligations will be reflected in the appropriate arrangements, contracts, price lists, authorizations, or other documentation.
Nothing in these Terms limits any rights a consumer has under applicable federal or Michigan law.
5. ONLINE ARRANGEMENT INFORMATION
The Website may permit users to provide preliminary information for funeral or cremation arrangements.
You agree that information you provide will, to the best of your knowledge, be accurate and complete.
Providing arrangement information online is intended to assist our staff and families with the arrangement process. Online submission should not be considered confirmation that arrangements have been finalized.
A member of Southfield Funeral Home & Cremation Services may contact you to verify information, determine your legal authority when necessary, obtain required documentation or authorizations, discuss available services, and complete arrangements.
If immediate assistance is required following a death, you should contact the funeral home directly rather than relying solely upon an online form or electronic communication.
6. OBITUARIES AND MEMORIAL INFORMATION
The Website may contain obituaries, death notices, service information, memorial pages, photographs, biographies, family information, and similar content.
This information may be provided by family members, authorized representatives, newspapers, clergy, cemeteries, governmental or public sources, or other third parties.
Although we endeavor to present information accurately, Southfield Funeral Home & Cremation Services cannot guarantee that all obituary or memorial information supplied by third parties is complete, current, or error-free.
Requests to correct obituary or memorial information should be directed to Southfield Funeral Home. We may require verification or authorization before making material changes.
We reserve the right to correct typographical, formatting, scheduling, or other errors when appropriate.
7. CONDOLENCES, GUESTBOOKS, MEMORIES, AND USER CONTENT
The Website may allow visitors to submit condolences, memories, photographs, messages, or other content ("User Content").
You remain responsible for User Content you submit.
By submitting User Content, you represent that:
- you have the right or appropriate permission to submit the content;
- your submission does not knowingly violate another person's copyright, trademark, privacy, publicity, or other legal rights;
- your submission is not knowingly false, defamatory, threatening, harassing, obscene, fraudulent, discriminatory, unlawful, or otherwise inappropriate; and
- photographs or other materials you submit may lawfully be displayed on the Website.
You grant Southfield Funeral Home & Cremation Services a nonexclusive, royalty-free license to host, reproduce, format, display, and otherwise use submitted User Content for purposes reasonably connected with operating the obituary, memorial, guestbook, or related Website services.
This permission does not transfer ownership of your original content to Southfield Funeral Home.
8. MODERATION AND REMOVAL OF CONTENT
Southfield Funeral Home & Cremation Services reserves the right, but assumes no obligation, to review, approve, reject, edit, restrict, or remove User Content.
We may remove content that we reasonably determine is inappropriate, unlawful, misleading, commercial, offensive, disruptive, unrelated to the memorial purpose of the Website, infringes another person's rights, violates these Terms, or may cause unnecessary distress to a bereaved family.
The funeral home may also close or restrict a guestbook or memorial submission feature when reasonably appropriate.
Decisions regarding moderation of memorial content may be made in consideration of the wishes of the deceased's family or legally authorized representative.
9. PHOTOGRAPHS
If you upload or submit a photograph, you represent that you own the photograph or otherwise have sufficient permission to submit it for the intended use.
Please use particular care before submitting photographs containing individuals other than yourself, especially photographs of minors or photographs containing private or sensitive information.
Southfield Funeral Home may resize, crop, compress, or otherwise technically format submitted photographs for display on the Website.
We reserve the right to decline or remove photographs that are inappropriate or that reasonably appear to violate another person's rights.
10. TEXT MESSAGE COMMUNICATIONS
Visitors may contact Southfield Funeral Home & Cremation Services by telephone or text message at 248-569-8080 where texting service is available.
When you initiate a text-message conversation with us, you authorize us to respond to your communication at the telephone number from which you contacted us, including for purposes reasonably related to your inquiry, funeral arrangements, service information, scheduling, documents, or other communications you requested or initiated.
Message and data rates may apply depending upon your wireless carrier and service plan.
Message frequency will depend upon the nature of your communication with us.
You may request that nonessential text communications stop by replying STOP or by contacting us directly.
Text messaging is not guaranteed to be secure, instantaneous, or error-free. Do not use text messaging for emergencies.
Unless separately permitted by applicable law and any required consent has been obtained, initiating a service-related text conversation with us does not constitute consent to receive unrelated automated marketing or promotional text messages.
11. PRIVACY
Your privacy is important to us. Information submitted through the Website is handled in accordance with our Privacy Policy and applicable law.
Because funeral arrangements may involve sensitive personal information concerning the deceased, family members, and other individuals, users should submit only information reasonably necessary for the applicable purpose.
Please review our Privacy Policy for additional information regarding how information collected through the Website may be handled.
12. COMMUNICATIONS ARE NOT GUARANTEED TO BE IMMEDIATE
Email, Website forms, text messages, and other electronic communications may occasionally be delayed, misdirected, filtered, interrupted, or unavailable.
Do not rely exclusively upon electronic communication when immediate assistance is required.
If you have experienced a death or require prompt assistance from the funeral home, please call Southfield Funeral Home & Cremation Services at 248-569-8080.
For medical, police, fire, or other emergencies, contact the appropriate emergency service.
13. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Website and its original content, design, graphics, logos, text, arrangement, photographs owned by Southfield Funeral Home, and other proprietary materials are owned by or licensed to Southfield Funeral Home & Cremation Services and are protected by applicable intellectual-property laws.
You may access and use the Website for personal, noncommercial purposes.
You may not reproduce, republish, sell, commercially exploit, systematically download, modify, distribute, or create derivative works from protected Website content without permission, except as permitted by law.
Nothing in this section is intended to claim ownership of photographs, obituary text, condolences, or other material owned by families, users, photographers, newspapers, or other third parties.
14. ACCEPTABLE USE
You agree not to use the Website to:
- violate any applicable law or regulation;
- impersonate another person;
- submit fraudulent or intentionally misleading information;
- interfere with the Website's operation or security;
- introduce viruses, malicious code, or harmful technology;
- attempt unauthorized access to the Website, servers, accounts, or data;
- harvest personal information about other users;
- send spam or unauthorized commercial solicitations;
- harass grieving families, funeral home employees, or Website visitors;
- misuse obituary information for fraudulent, predatory, or unlawful purposes; or
- use automated systems to scrape or collect Website content in violation of applicable law or these Terms.
We may restrict or terminate Website access when we reasonably believe these Terms have been violated.
15. THIRD-PARTY WEBSITES AND SERVICES
The Website may contain links to third-party websites or services, including florists, cemeteries, crematories, newspapers, memorial products, social-media platforms, mapping services, payment processors, streaming providers, obituary platforms, or other service providers.
Unless expressly stated otherwise, third-party businesses are independent from Southfield Funeral Home & Cremation Services.
We do not control third-party websites and are not responsible for their content, availability, privacy practices, security, terms, products, or services.
Your dealings with third parties may be governed by separate terms and privacy policies.
16. WEBSITE AVAILABILITY
We endeavor to maintain a reliable Website but cannot guarantee uninterrupted or error-free operation.
The Website may occasionally be unavailable due to maintenance, technical problems, cybersecurity issues, third-party service interruptions, circumstances beyond our reasonable control, or other causes.
We may modify, suspend, discontinue, or replace portions of the Website at any time, subject to applicable law.
17. INFORMATIONAL NATURE OF WEBSITE CONTENT
Website content is provided for general informational purposes.
Information concerning funeral practices, cremation, burial, veterans' benefits, Social Security, death certificates, probate matters, insurance, religious practices, cemetery requirements, transportation, or other subjects should not be considered legal, tax, financial, medical, or other professional advice outside the scope of licensed funeral services.
When appropriate, users should consult the relevant governmental agency or qualified professional.
18. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOUTHFIELD FUNERAL HOME & CREMATION SERVICES MAKES NO WARRANTY THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
WE DO NOT DISCLAIM ANY WARRANTY, DUTY, RESPONSIBILITY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.
19. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOUTHFIELD FUNERAL HOME & CREMATION SERVICES AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM THE USE OF OR INABILITY TO USE THE WEBSITE.
This limitation does not apply where liability cannot lawfully be limited or excluded, and nothing in these Terms is intended to waive or restrict rights or remedies available to consumers under applicable federal or Michigan law.
20. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Southfield Funeral Home & Cremation Services from claims, liabilities, damages, and reasonable expenses arising from User Content you submit, your unlawful misuse of the Website, or your material violation of these Terms.
This provision does not require a consumer to indemnify Southfield Funeral Home for Southfield Funeral Home's own unlawful conduct, negligence where indemnification is prohibited, or any matter for which indemnification cannot legally be required.
21. CHILDREN'S USE OF THE WEBSITE
The Website is intended primarily for adults and is not directed toward children under 13.
Children should not submit personal information, photographs, arrangement information, or other content through the Website without the involvement and permission of a parent or legal guardian.
If we learn that personal information from a child has been collected in circumstances requiring parental consent under applicable law, we will take appropriate steps consistent with applicable law.
22. SECURITY
We use reasonable measures intended to protect information and maintain Website security. Nevertheless, no internet transmission, electronic communication, or electronic storage system can be guaranteed to be completely secure.
Users are responsible for exercising appropriate caution when transmitting personal or sensitive information electronically.
23. FRAUD AND IMPERSONATION WARNING
Unfortunately, families experiencing a death may sometimes become targets of fraud.
Southfield Funeral Home & Cremation Services will not be responsible for communications sent by individuals falsely impersonating our funeral home, employees, or representatives.
If you receive a suspicious request for money, passwords, banking information, gift cards, cryptocurrency, or other unusual payment or personal information purportedly from Southfield Funeral Home, independently verify the communication by calling us at 248-569-8080 before responding.
24. ACCESSIBILITY
Southfield Funeral Home & Cremation Services seeks to make its Website reasonably accessible to visitors.
If you experience difficulty accessing information or using a Website feature because of a disability, please contact us so that we may attempt to provide the information or service through an appropriate alternative method.
25. GOVERNING LAW
These Terms are governed by the laws of the State of Michigan and applicable federal law, without regard to conflict-of-law principles, except where another law is required to apply.
Any dispute concerning the Website will be handled in accordance with applicable law and the jurisdiction and venue requirements imposed by law.
Nothing in these Terms is intended to deprive a consumer of any protection or right that cannot legally be waived.
26. COMPLIANCE WITH LAW
Southfield Funeral Home & Cremation Services intends to conduct its funeral-related activities in accordance with applicable federal, state, and local laws and regulations, including applicable provisions of Michigan law governing mortuary science and funeral establishments and the Federal Trade Commission Funeral Rule.
Nothing contained on this Website or in these Terms is intended to waive, modify, replace, or reduce any right, disclosure, authorization, or obligation imposed by applicable law.
If any provision of these Terms conflicts with a non-waivable requirement of applicable law, the applicable law will control.
27. CHANGES TO THESE TERMS
We may revise these Terms periodically to reflect changes in the Website, our practices, technology, or applicable legal requirements.
When material changes are made, we may update the "Last Updated" date appearing above and provide additional notice when required by applicable law.
Your continued use of the Website after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by law.
28. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions will remain in effect.
29. NO WAIVER
Failure by Southfield Funeral Home & Cremation Services to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
30. ENTIRE WEBSITE AGREEMENT
These Terms, together with the Privacy Policy and other policies expressly incorporated by reference, constitute the agreement governing use of the Website.
These Terms do not replace or supersede a separately executed funeral services agreement, Statement of Funeral Goods and Services Selected, authorization, prepaid funeral contract, or other agreement relating to funeral services. Those documents are governed by their own terms and applicable law.
31. CONTACT INFORMATION
Questions concerning these Terms of Use or the Website may be directed to:
Southfield Funeral Home & Cremation Services
Telephone/Text: 248-569-8080
Address:
18338 W 12 Mile Road, Southfield, Michigan 48076
Email:
SouthfieldFuneralHome@Gmail.com
Additional contact information may be provided on the Website's Contact Us page.
IMPORTANT CONSUMER NOTICE
Nothing in these Terms of Use is intended to restrict any consumer right provided by federal or Michigan law.
Website use and electronic submission of information do not substitute for legally required funeral-service disclosures, price lists, contracts, authorizations, or other documentation.
Terms of Use
Last Updated: 08/24/2026
By using or accessing the Sites, you agree to these Terms, as may be updated from time to time in accordance with Section 10 below.
- Account Security: To use the Sites you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Sites; and (iii) register for and use the Sites in compliance with any and all applicable laws and regulations.
- Account Registration: To access some features of the Sites, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password ("Registration Information"). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Tukios for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@tukios.com.
- Prohibited:
You agree not to:
- Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
- Violate or encourage others to violate the rights of third parties, including intellectual property rights, privacy rights, and/or publicity rights;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere in any way with security-related features of the Sites;
- Interfere with the operation or any user's enjoyment of the Sites, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- Access, monitor or copy any content or information of the Sites using any robot, spider, scraper, or other automated means or any manual process for any purpose without express written permission from the funeral home who owns the Site(s) and Tukios;
- Use, reproduce, modify, distribute or store any part of the Sites (including obituaries, event information, or other content) for any purpose without the prior written permission of Tukios;
- Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
- Sell or otherwise transfer the access granted herein.
- Third-Party Content: The Sites may contain links to third-party websites and services. Tukios provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Tukios has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
- Intellectual Property: You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video, or post or submit other content (together, "Content") to Tukios or any website of any Client operated by Tukios, such content will be shared with and stored by Tukios and its affiliates and partners. The Sites are owned by our funeral home clients and are protected by applicable copyright and other intellectual property laws, and no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express permission of the funeral home. Tukios owns or has duly licensed: a) all images it makes available for your use in creating memorials; b) the software and other technology it makes available to you for creating memorials; and c) the TUKIOSTM trademark.
- User License Grant to Tukios: You grant Tukios, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide to Tukios in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Tukios to include the Content you provide in a searchable format that may be accessed by users of the Tukios services and other websites. You also grant Tukios and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. You also grant Tukios the right to use the Content and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Content or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Tukios services and Sites without the need for additional compensation of any sort to you. Tukios does not claim ownership of Content you submit to the Sites.
- User Content and DMCA Notice:
You represent and warrant that you own or otherwise have the right to use any content you post to the Sites. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:
ATTN: Content/DMCA Notices
Tukios, Inc.
2326 Washington Blvd. #303
Ogden, UT 84409
Phone: (801) 682-4391
Email: support@tukios.com
You must provide the following information: a) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; b) a description of the copyrighted work that you claim has been infringed; c) a description of where the material that you claim is infringing is located; d) your address, telephone number, and email address; e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tukios has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Tukios or others. - Indemnification: You agree that you will be personally responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless Tukios, Tukios’s subcontractors and Tukios’s and such subcontractors’ officers, directors, employees, shareholders, parents, subsidiaries, agents, successors, and assigns. from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Tukios reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Termination: If you violate these Terms, your permission to use the Sites will automatically terminate. In addition, Tukios in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites at any time, with or without notice to you. You may terminate your account at any time by contacting Tukios at support@tukios.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Tukios may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Sites.
- Modification of the Terms: Tukios reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Sites following notice will be deemed acceptance of any modifications to the Terms.
- Disclaimers of Warranties: The Sites are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although Tukios seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Sites, and there may at times be inadvertent technical or factual errors or inaccuracies. Tukios specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Sites. Tukios does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Sites.
- Arbitration:
- Generally: In the interest of resolving disputes between you and Tukios in the most expedient and cost effective manner, and except as expressly described herein, you and Tukios agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TUKIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions: Despite the provisions of this Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to Tukios, Inc., Attention: Legal Department – Arbitration Opt-Out, 2326 Washington Blvd., #303, Ogden, UT 84409 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Tukios receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in Section 14 (“Governing Law”) The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator: Any arbitration between you and Tukios will be settled by a single arbitrator under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at https://www.adr.org/, by calling the AAA at +1-800-778-7879, or by contacting Tukios. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Tukios’s address for Notice of Arbitration is: Tukios, Inc., 2326 Washington Blvd., #303, Ogden, UT 84409. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Tukios may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing and will take place in Salt Lake City, Utah. During the arbitration, the amount of any settlement offer made by you or Tukios must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Tukios in settlement of the dispute prior to the award, Tukios will pay to you the higher of: (c) the amount awarded by the arbitrator and (d) US$10,000.
- Fees: If you commence arbitration in accordance with these Terms, Tukios will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence or billing address, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your permanent residence. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 12(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tukios for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions: YOU AND TUKIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tukios agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision: If Tukios makes any future change to this arbitration provision, other than a change to Tukios’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Tukios’ address for Notice of Arbitration, in which case your account with Tukios will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive
- Enforceability: If Section 12(g) (“No Class Actions”) or the entirety of this Section is found to be unenforceable, or if Tukios receives an Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 14 (“Governing Law”) will govern any action arising out of or related to these Terms.
- Limitation of Liability: In no event will Tukios be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Tukios has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
- Governing Law: These Terms are governed by the laws of the State of Utah without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Tukios agree to submit to the exclusive personal jurisdiction of the state or federal courts located in Salt Lake City, for the purpose of litigating all such disputes.
- Modification of the Sites: Tukios reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites at any time without any notice or further obligation to you. You agree that Tukios will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites.
- General:
- Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between you and Tukios regarding your use of and access to the Sites, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
- No Waiver: The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Paragraph Headers: Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
- Severability: In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
- Notice to California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
- Refund Policy: All payments made through this website are non-refundable. If you have questions about a payment or believe a payment was made in error, please contact the funeral home directly.
