By using this fundraising facility, you agree to all of the terms and conditions outlined below. Do not use this website if you do not agree to all of the terms and conditions.

Date of Last Revision: September 14, 2016

This funeral care fund donation facility has been enabled by the funeral director on behalf of the decedent’s family. Proceeds from the fundraising campaign are collected by the funeral home and will be used for the purpose stated on the donation overview page. If a campaign is initiated to cover funeral expenses, any funds raised in excess of those expenses will be passed along to the family by the funeral home.

Online donations are processed by Consolidated Funeral Services (“CFS”), a website hosting company. CFS collects funds and remits them to the funeral home. CFS provides an online fundraising platform for use by funeral homes and for the benefit of families that they serve. CFS does not endorse fundraising campaigns and makes no guarantees, explicit or implied, that the information provided on the donation page is accurate. CFS expressly disclaims any liability or responsibility for the success of a fundraising campaign, or the outcome of any fundraising campaign. The donor is fully responsible for determining whether or not a fundraising campaign is legitimate, appropriate and complies with all applicable laws.

FEES

CFS does not charge a fee to funeral homes or families to set up a fundraising campaign. CFS retains 5% of the donation amount to cover the cost of processing payments, transferring funds to the funeral home and administering this service. The funeral home receives 95% of all funds raised by the campaign.

CHARITABLE GIVING

A fundraising campaign is not a charity and donations that you make are not tax-deductible.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold CFS, its Affiliates, and their directors, officers and employees harmless from any loss, cost, expense (including attorneys fees), damage or liability resulting from any action brought or threatened that is based on, arising out of or relating to or resulting from use of the fundraising platform or donation or associated content posted in connection with a fundraising campaign.

LIMITATION OF LIABILITY

CFS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING CFS FROM ANY LIABILITY THAT CFS MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR CFS SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT CFS IS ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS CFS’S LIABILITY TO, IF SUCH A MINIMUM EXISTS.

CFS IS NOT LIABLE FOR ANY FAILURE OF THE SERVICES OF THE COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON THIS WEBSITE WHICH PREVENT ACCESS TO THIS WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF CFS’S SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY TEXT IN OTHER SECTIONS OF THIS AGREEMENT.

For Jurisdictions that do not allow CFS to limit its liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then CFS's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, CFS does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION—IN OR OUTSIDE OF THE UNITED STATES—YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.