Terms of Use

Welcome to InLieuOf.com

Thank you for visiting our site. 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 the funeral home of your choice, thereby providing for the memorial service your loved one’s deserve.

This Site is the property of GoBuryMe, LLC, doing business as InLieuOf.com. InLieuOf.com reserves the right, at any time, to modify these Terms of Use, which apply to the InLieuOf.com web site and any mobile applications (the ‘Platform’) located at InLieuOf.com, and all associated sites linked to InLieuOf.com.

By Using this site, you agree to all of the Terms and Conditions contained herein. If you do not agree with any of the Terms, please do not use this site.

InLieuOf.com offers ‘Services’ to its users which may include ‘Funeral Service Providers’, ‘Donors’, ‘Next of kin’, and any other users of the Site. Funeral Service Providers create a ‘Funeral Fund’ to accept donations from ‘Donors’ on behalf of Next of kin.

Donations made to a Funeral Fund will be deposited directly into the Funeral Service Providers bank account once those funds have cleared after the 7th day. Any additional donations will be deposited to the Funeral Service Provider and any amount above the agreed cost of the burial procedures will be rebated to the Next of Kin by the Funeral Service Provider.

Administrative costs will not exceed more than 5% of all donations plus an additional 2.9% to cover credit card processing costs. There are no additional fees to use this site.

The Funeral Service Provider reserves the right to deny, suspend, or end any of their Funeral Funds at any time.

Funeral Funds are not donations of charity therefore donations are not tax-deductible contributions. By using this site you are accepting these terms and acknowledging that donations made to a Funeral Fund are not deductible for U.S. federal income tax purposes as charitable contributions. You are responsible for paying any additional fees or taxes associated with your use of InLieuOf.com.

By using the site and its services, together with InLieuOf.com, and parents, officers, directors, employees, representatives, subsidiaries, affiliates, agents and consultants – collectively ‘InLieuOf.com,’ ‘We,’ or ‘Us,’ you are agreeing to all of these legally binding rules (the ‘Terms’). You are also agreeing to abide by all rules on this Site, along with our Privacy Policy, Cookie Policy, and all Guidelines.

You also agree that disputes between you and InLieuOf.com will be resolved by binding, individual arbitration and by using this Site you waive your right to participate in a class action lawsuit or class-wide arbitration.

Your continued use of the Site following the posting of changes means you agree to the changes. As long as you comply with these Terms of Use, InLieuOf.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Failure to abide by the Terms of Use contained herein may result in termination of your account with InLieuOf.com.

Content

All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site, is owned, controlled or licensed by or to InLieuOf.com, and is protected by trademark laws (Final certification pending), and various other intellectual property rights and unfair competition laws.

No part of the Site and its Content may be copied in any way whatsoever, to any medium whatsoever, for any commercial purpose whatsoever.

You may only use information on InLieuOf.com for the purpose of having donors assist with the costs pertaining with a funeral service in a personal, non-commercial format.

Creating a Funeral Fund

The only purpose of creating a Funeral Fund is to assist families in covering the ‘Final Expenses’ of an individual or creating a memorial on behalf of such individual. These include, but are not limited to the fees charged by the Funeral Service Provider.

By generating a Funeral Fund (establishing a case), Funeral Service Provider acknowledges and represents that permission from the next of kin has been secured for the final disposition of the loved one.

After 30 days, the Funeral Fund will end and while it will remain visible on the Site, it will no longer be able to receive donations.

In the event that the Funeral Fund generates more money than the stated goal, the Funeral Service Provider will rebate 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 all appropriate rebates.

Donating to a Funeral Fund

You agree that all donations made on the Site are made voluntarily by you. While InLieuOf.com ensures the accuracy of Funeral Funds by having all donations go directly to the Funeral Service Providers bank account, we cannot however individually verify the accuracy of all the information contained in all Funeral Funds on the Site and therefore 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 InLieuOf.com cannot refund donations made to a Funeral Fund. However, we will put you in touch with the third party payment processor to assist you in requesting a refund.

Refunds given by the credit card processor are at the sole discretion of the payment processor and in accordance with their terms of service.

Funeral Service Providers

You warrant that you represent a legally established corporation in the United States and that your primary business is related to funeral services.

You are responsible that all information provided to the Site to be accurate and truthful.

You are responsible as the Funeral Service Provider that all donations are used to cover the costs of the funeral service. In the event that a Funeral Fund receives additional donations than expected goal, the surplus will be rebated to the Next of kin.

Your Use of the Site

You may not use any automatic device, program, algorithm or methodology, or any similar manual process, to access any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure to obtain any information not purposely made available through the Site.

You will not probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site. You will not seek to trace any information on any other user of or visitor to the Site, or any other customer of InLieuOf.com , including any InLieuOf.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable large load on the infrastructure of the Site or to InLieuOf.com.

You will not manipulate identifiers in order to disguise the origin of any transmittal you send to InLieuOf.com. You may not pretend that you are someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit any illegal activity which infringes the rights of InLieuOf.com or others.

You will not gain unauthorized access to any portion of the Site by any illegitimate means.

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

Other Terms and Conditions

You acknowledge that you are of sufficient legal age to use or participate in InLieuOf.com’s services.

If there is a conflict between these Terms of Use and the terms applicable to any service offered through the Site, the terms applicable to that service offered through the Site shall govern your use of those services.

InLieuOf.com may make changes to any services offered on the Site, or to the fees for any such services, at any time, without notice.

Passwords and Security

You are entirely responsible for maintaining the information you hold for your account secure and confidential, including your password.

You agree to notify InLieuOf.com immediately of any unauthorized use of your account, or any other breach of security. You may not hold InLieuOf.com liable for losses incurred by someone else using your InLieuOf.com ID, password or account as a result of your failing to keep your account information secure.

You may not use anyone else’s InLieuOf.com ID, password or account at any time without the express permission and consent of the holder of that InLieuOf.com ID, password or account. InLieuOf.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Our technology used within our donation platform does not programmatically do any data mining on your device used to access our website. This includes but not limited to your contacts, emails, browser cookies, text messages or social media applications. We only accept the personal data that you provide in order to make a donation. We do allow you to create an account within our platform for future donations but this is optional. InLieuOf.com does not sell or offer for trade or give any of your provided information to any 3rd party companies. We do provide limited information to our benefactors that receive your donations unless you indicate you are making a donation anonymously.

Furthermore, you understand and acknowledge that internet transmissions are never completely private or completely secure, so by using InLieuOf.com, you acknowledge that transmissions, even if encrypted, such as credit card information, could be randomly intercepted by others.

Fees

InLieuOf.com receives 5% of each donation made to a Funeral fund. In addition, 2.9% is deducted from each donation for credit card processing. Donors to a Funeral Fund acknowledge their agreement with these Terms of Service. InLieuOf.com does not charge any additional fees to the ones mentioned here.

Linking

You are granted a limited, non-exclusive right to link to the Site in order to raise donations provided your link does not portray InLieuOf.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.

This Site also contains third-party links to independent Funeral Service Provider Web sites ("Linked Sites). These Linked Sites are provided solely as a convenience to donors and Next of kin. Such Linked Sites are not under InLieuOf.com’s jurisdiction, and InLieuOf.com is not responsible for, neither does InLieuOf.com endorses the content of such Linked Sites, including any information or materials contained on such Linked Sites. You are responsible to determine any interaction with these sites.

Indemnification

By using the Site, you agree to indemnify and hold InLieuOf.com and all of its members, parents, officers, directors, employees, shareholders, predecessors, representatives, subsidiaries, affiliates, agents, successors in interest and consultants, harmless from any suits, demands, loss, liability, claims or expenses (including attorneys’ fees), made against InLieuOf.com by any third party due to or arising out of or in connection with your use of the Site.

Refund Policy

All donors making donations to a specific campaign on the InLieuOf.com web site are doing so voluntarily and understand that no goods or services are tax donations nor are they being provided in exchange for the monies being paid via their credit/debit card. If a donor realizes after the transaction is complete that the donation was made in error to the wrong campaign, they can contact our support staff via email or phone number for either a refund or to have the monies moved to the correct campaign as long as the campaign that received the monies is still in an active status. Once a campaign is closed or completed, our support staff with work with the benefactor in an attempt to refund the donation. If a donor determines that a campaign that they completed a donation is fraudulent, they should contact our support staff immediately and we will investigate. If our investigation results do confirm fraud, a full refund will be credited back to the credit card. If our investigation results determine that the campaign matches the online disclosure, our support team will communicate back to the donor the results but no refund will be granted. A donor that changes their mind or has an issue with a family member after the donation is processed, is not eligible for a refund.

Limitation of Liability

Except where prohibited by law, in no event will InLieuOf.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if InLieuOf.com has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, InLieuOf.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, InLieuOf.com’s liability shall in no event exceed the greater of (1) the total of the donation amount in question or (2) US$100.00 if the case in question is a personal donation or US$1,500 if the case in question pertains to a funeral Service Provider.

Disclaimers

InLieuOf.com does not warrant that the Site will always be free of errors, or that any of its services or features will be completely uninterrupted, or that the use of the site will provide any specific results discussed by you and your funeral service provider, or that all defects will be corrected. The Site and all contents are delivered on an ‘As-is’ and ‘As-available’ basis.

InLieuOf.com disclaims all warranties, expressed or implied, including any warranties of accuracy and non-infringement for any purpose.

InLieuOf.com disclaims any and all liability for the acts, omissions and any conduct by any third party in relation to your use of this Site and/or any of InLieuOf.com’s services.

You acknowledge and assume complete and total responsibility of your use of InLieuOf.com and all related Sites. Your only solution against InLieuOf.com for any disappointment with your use of the Site or any of its content is to immediately stop using or connecting to the InLieuOf.com Site. This limitation of relief is part of the bargain between the parties.

This disclaimer applies to any damages, costs, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

InLieuOf.com reserves the right at any time to edit, adjust, change, suspend or terminate operation of or access to any portion of the Site for any reason; to change the Site, or any portion of the Site, or any applicable policies or terms; and to interrupt the operation any portion of the Site as necessary for any maintenance or necessary changes.

Governing Law; Dispute Resolution

The Terms of Service and your use of the Site, including any and all disputes, shall be governed in accordance with the laws of the State of Louisiana without regard to all of its conflicts of laws provisions.

You hereby irrevocably and unconditionally agree that if any dispute is to rise between you and InLieuOf.com, it will be resolved by binding, individual arbitration. You agree to the personal jurisdiction by and venue in the state and federal courts in East Baton Rouge Parish, Louisiana, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within twelve (12) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to arbitration fees. In the event of any controversy or dispute between InLieuOf.com and you arising out of your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. You also waive your right to participate in a class action lawsuit or class-wide arbitration.

Violation of These Terms of Use

In the case of any investigation or complain regarding your use of the Site, or if need be to identify, contact or bring legal action against someone who may be causing injury to or interfering with InLieuOf.com’s rights or property (whether intentionally or not) or the rights or property of any visitor or user of the Site, or customers, partners or general public, or the enforcement of our Terms of Use, InLieuOf.com reserves the right at all times to disclose any information we may have from you, from your use of our Site, that we may deem to be necessary to comply with any and all applicable laws, regulations, legal processes or governmental requests. Same principle will apply for InLieuOf.com to disclose any of your information the law may require or when disclosures are permitted, including exchanging information with other organizations, for fraud protection purpose.

You acknowledge and agree that InLieuOf.com, without prior notice and in its sole discretion, may terminate your access to the Site and/or block your future access to the Site when it has been confirmed that you have violated our Terms of Use and/or other agreements or guidelines which may be associated with your use of the Site.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to InLieuOf.com, for which monetary damages could be inadequate, and you consent to InLieuOf.com obtaining any injunctive or equitable relief that InLieuOf.com deems necessary or appropriate in such case. These remedies are in addition to any other remedies InLieuOf.com may have at law or in equity.

You agree that InLieuOf.com may, in its sole discretion and without prior notice, may terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Site or any service offered on or through the Site, or unexpected technical issues or problems.

You agree that if InLieuOf.com takes any legal action against you as a result of your violation of these Terms of Use, InLieuOf.com will be entitled to recover from you, and you agree to pay, all reasonable mediation (or attorney’s) fees and costs of such action, in addition to any other relief granted to InLieuOf.com. You also agree that InLieuOf.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited

InLieuOf.com is based and operates the InLieuOf.com Site in Baton Rouge, Louisiana. InLieuOf.com reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area as we see necessary. Any offer is void where prohibited. When accessing the Site from outside of the United States, you are fully responsible to comply with all local, regional and/or national laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court 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 of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and InLieuOf.com with regard to your use of the Site.

InLieuOf.com’s lack of enforcement of any of these Terms of Use shall not be construed as a waiver by InLieuOf.com of any provision or any right it has to enforce these Terms of Use.

You also agree that no conduct between InLieuOf.com and you or any other party may be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback

Any feedback you provide shall be deemed to be non-confidential. InLieuOf.com shall be unrestricted to use such information as it seems appropriate.

The information contained in this web site is subject to change.

InLieuOf.com Baton Rouge, LA, USA.

Terms last updated 08/06/2018

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