LAST UPDATED AND EFFECTIVE: April 28, 2020
1. Who Is Collecting My Personal Data?
2. What Personal Data Do You Collect?
When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:
• Email address
• Telephone number
• Date/place of birth
• Payment information
• Religious affiliation
• Family information
• Decedent information
• Content of your email messages to us
When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as:
• Your internet protocol (“IP”) address
• Browser type
• Browser version
• Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
• Information about how you came to the Site
• Data collected through cookies or other similar technologies discussed in more detail in the section below on cookies.
Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.
3. How Do You Use My Personal Data?
We use your Personal Data for the purposes for which you provided it, including to:
• fulfill your product or service needs;
• register your online account;
• maintain our own accounts for billing and performance of services;
• advise you about products, services, offers, or events that may be of interest to you; and
• provide customer service to you.
We may also use your Personal Data or Log Data to administer our internal business activities, including to:
• design and arrange the Site in the most user-friendly manner;
• better understand visitors to the Site;
• create non-personally identifiable data to be used for marketing; and
• manage your account.
In addition, we may use third party services, such as Google Analytics, that collect, monitor, and analyze Log Data.
4. How Do You Share My Personal Data?
No Sale of Personal Data
We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties after obtaining your consent. By using the Site or submitting your Personal Data to us, you expressly consent to our sharing your Personal Data, as set forth below.
Sharing Personal Data With Affiliates, Successors, and Agents
• our parent companies, subsidiaries, and/or affiliates;
• successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure;
• other companies we engage to perform business-related functions, such as:
o vendors who provide services to our customers;
o marketing agencies;
o database service providers;
o backup and disaster recovery service providers;
o email service providers; and
o payment processors.
Sharing Data Through Social Media
We work with social media sites like Facebook, Instagram, YouTube, Google, and Twitter, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks.
If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Data. If you do not want us to be able to access information about you, including Personal Data, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.
California Privacy Rights
If you are a California resident, you have the right to request information from us regarding the manner in which we process certain Personal Data or categories of Personal Data. Under California law, you have the right to request the following information, which you may do by accessing our webform here or at www.forestlawn.com/privacy/verification or by calling us at 1-844-769-6754:
• the categories of Personal Data we collected, sold, or disclosed in the prior 12 months;
• the pieces of Personal Data we collected about you in the prior 12 months;
• our business purposes for collecting or selling Personal Data;
• the categories of sources from which we collected Personal Data in the prior 12 months;
• the categories of third persons with whom we sold or shared Personal Data in the prior 12 months;
• the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
• the names and addresses of the third parties that received the information; and,
• if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed.
We may provide this information in a standardized format that is not entirely specific to you.
Legally Compelled Disclosure of Personal Data
We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:
• comply with a legal obligation;
• protect or defend our rights, interests, or property, or that of third parties;
• prevent or investigate possible wrongdoing in connection with the Site;
• act in urgent circumstances to protect the personal safety of users of the Site or the public; or
• protect against legal liability.
5. What Are My Rights About The Processing Of My Personal Data?
You have the following rights:
• Consent: You have the right to withdraw your consent to the processing of your Personal Data at any time. If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent.
• Access: You have the right to access a copy of your Personal Data that we hold about you, upon receipt of a verified request.
• Deletion: You have the right to delete your Personal Data, upon receipt of a verified request, with some exceptions.
• Equal Treatment: You have the right to equal treatment regardless of your exercise of your privacy rights.
• Opt Out: You have the right to opt out of the sale of your Personal Data at any time. We do not presently sell Personal Data.
To exercise any of these rights, please call us at 1-844-769-6754 or use our webform, which you can access here or at www.forestlawn.com/privacy/verification. Before we may fulfill a request to access or delete your information, we are required to verify your identity. We will ask you to verify your name, address, email address, telephone number, decedent name, decedent’s date of birth, and/or decedent’s date of death. You may update your preferences about how we communicate with you by visiting www.forestlawn.com/preferences. You may also access and correct some of your Personal Data by logging into your online account, if you have one. If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site.
6. Is My Personal Data Secure?
We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures are in place to protect Personal Data. However, no network, server, database, or Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically.
7. How Long Will You Keep My Personal Data?
You may close your account, unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.
What Are Cookies?
A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.
• monitor and analyze how you use the Site;
• remember your preferences to make your online experience easier and more personalized;
• route Site traffic to effectively distribute the Site workload across servers; and
• test new features.
How can I manage cookies?
You can manage cookies through your web browser’s option settings. You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser’s help section for information on whether you can and how to do this.
Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others. You can control your preferences directly with each such third party service provider.
You can learn more about cookies at the following third party websites:
• All About Cookies: http://www.allaboutcookies.org/; and
• Network Advertising Initiative: http://www.networkadvertising.org/.
Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.
• Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.
• Non-Personally Identifiable Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.
10. Do You Collect The Personal Data of Children?
We do not intentionally or knowingly collect any Personal Data from children under the age of thirteen (13), nor do we target our emails to them. Children under the age of thirteen (13) should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of thirteen (13) may have provided Personal Data to us through the Site, please contact us at firstname.lastname@example.org, and we will use reasonable efforts to delete it from the Site and our files.
11. International Privacy Laws
13. How Can I Resolve A Privacy Dispute With You?
14. What Else Do I Need To Know?
Funeral planning is funded through the purchase of whole life insurance from National Guardian Life Insurance Company, Madison, Wisconsin (NGL). A qualified Forest Lawn® planning advisor, who has been both licensed by the state and appointed as an agent of NGL, can answer any questions. Forest Lawn Mortuary, licensed as Forest Lawn Memorial-Parks & Mortuaries and Douglass & Zook Funeral and Cremation Services, is an agent of NGL. National Guardian Life Insurance Company is not affiliated with The Guardian Life Insurance Company of America, aka The Guardian or Guardian Life.
15. How Can I Contact You?
LAST UPDATED AND EFFECTIVE: April 28, 2020
ACCEPTANCE OF TERMS
By browsing or using the Site, or accessing links to our social media accounts or pages on third party websites, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.
IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.
Forest Lawn refers to Forest Lawn Memorial–Park and Forest Lawn Mortuary, and is referred to herein as “Forest Lawn,” “we,” “us,” or “our.”
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Content on the Site.
“Site” means the website www.forestlawn.com including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, YouTube, Google, and Twitter, and other platforms and applications for mobile, tablet, and other smart devices and application programs.
“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any services or products from the Site, and is referred to herein as “User” or “you.”
“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
ELIGIBILITY TO USE THE SITE
You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen (18) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service is Forest Lawn Mortuary, P.O. Box 1151, Glendale, California 91209, 1-844-769-6754. Complaints regarding services or products, or requests to receive further information regarding use of this Site may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of California. Except as provided elsewhere in the Terms, if any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
You may be choose to register an account with Forest Lawn, where offered, to access certain services. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to it, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Forest Lawn, including those set forth in these Terms, we reserve the right, in our sole discretion, to terminate your account or your use of the Site, block or prevent future access to and use of the Site, or refuse service to you (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
RULES OF CONDUCT AND GENERAL PROHIBITIONS
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
• post, publish, submit, or otherwise transmit any Content that: (i) infringes, misappropriates, or violates any party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
• disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
• disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
• post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
• use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
• use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
• deep link to the Site without our express written consent;
• create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
• collect or store personal data about others;
• attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
• encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
RIGHT TO USER CONTENT POSTED BY YOU
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Forest Lawn the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish Forest Lawn with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights necessary to grant Forest Lawn the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Forest Lawn on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will defend, indemnify, and hold harmless Forest Lawn, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Forest Lawn or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Forest Lawn or any third party; and (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Forest Lawn in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
MOBILE APPLICATION USERS
The following provisions apply to users of Forest Lawn’s mobile applications (each, an “Application”):
Users of the Apple Application
If you download and/or use our Application(s) for iPhone or iPad, these Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula). For purposes of these Terms, the Application is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control.
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for a suitable device and such additional services, including, without limitation, all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including, without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates from Forest Lawn, your mobile carrier, or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including, but not limited to, payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. We make no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application or other third party service providers charge a fee for the services or products they provide, you agree to pay such fees to the respective party in exchange for your continued use of such services or products. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Some features of the Application make use of geolocation information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. You may deactivate geolocation, however, it may affect the functionality of some features.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same, is the sole and exclusive property of Forest Lawn and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and services and products available through the Site.
Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner: (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, or copyright rights, or other proprietary rights of any third party.
Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: FOREST LAWN, FOREST LAWN Arizona, FOREST LAWN Nevada, HONOR A LIFE, TROPICO PRESS, THE WOODLANDS, CELEBRATE A LIFE, CREMATION+, CREMATION PLUS, WEE KIRK O’ THE HEATHER, and LITTLE CHURCH OF THE FLOWERS. All other trademarks not owned by Forest Lawn that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Forest Lawn. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.
INTELLECTUAL PROPERTY, COPYRIGHT, AND EXCLUSIVITY
Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by Forest Lawn under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of Forest Lawn’s services or products, or any part thereof, whether such formulation or design is registered or not, shall vest in Forest Lawn absolutely. Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Forest Lawn’s services or products is the proprietary information (“Proprietary Information”) of Forest Lawn and its third party vendors (as the case may be). You agree that you shall not, without Forest Lawn’s prior written consent, use or disclose the Proprietary Information to any third party for any reason other than that third party’s personal use of Forest Lawn’s services or products. You also agree that you shall not use or provide Forest Lawn’s products to any third party or other entity to reverse engineer or disassemble Forest Lawn’s products or any part thereof to create or derive any Forest Lawn or third party intellectual property.
It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.
We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Forest Lawn, and provide the following:
• an identification of the intellectual property right claimed to have been infringed;
• an identification of the material you claim is infringing so that we may locate it on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
• a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
• that you are authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by email to firstname.lastname@example.org, by phone at 1-844-769-6754, or by writing to Forest Lawn Mortuary, P.O. Box 1151, Glendale, California 91209.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the applicable material along with that of the alleged infringer pending resolution of the matter. We have an absolute right to remove any such User Content or other material from the Site in our sole discretion at any time.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, services, or products on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Forest Lawn of the Third Party Sites & Ads or any services, products, or information contained therein.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE INFORMATION SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT WILL FOREST LAWN, ANY OF ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THE THIRD PARTIES IDENTIFIED ON THIS SITE BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, (INCLUDING THOSE THAT DIRECTLY OR INDIRECTLY RESULT FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR AS A RESULT OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED REPRESENTATIONS AND WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOREST LAWN. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO FOREST LAWN FOR ANY SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, CONTAGION, OR WAR.
The terms of this section survive any termination of these Terms.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
NO THIRD PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Forest Lawn. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
You acknowledge and agree that both you and Forest Lawn are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
We both agree that these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) because they memorialize a transaction in interstate commerce. This section will survive termination of these Terms.
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send Forest Lawn a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Forest Lawn must be mailed to Forest Lawn Mortuary, P.O. Box 1151, Glendale, California 91209, Attention: General Counsel by registered mail, return receipt requested. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes relating to Forest Lawn’s services and products, as well as all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then: (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Forest Lawn will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or Forest Lawn pursuant to the terms of this section.
TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Site or our services, products, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws, including California’s, set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Forest Lawn, at Forest Lawn Mortuary, P.O. Box 1151, Glendale, California 91209, or by email to email@example.com, within thirty (30) days of your first visit to and use of the Site that specifies your: (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this “Dispute Resolution” section will apply.
These Terms constitute the entire and exclusive understanding and agreement between Forest Lawn and you regarding the Site, Content, and services or products that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Forest Lawn regarding the Content or services provided on the Site.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Forest Lawn under these Terms, including those regarding modifications to these Terms, will be given: (i) by Forest Lawn via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date we transmit such notice.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Forest Lawn. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Forest Lawn, and you do not have any authority to create any obligation on our behalf.
If you have any questions about these Terms, please contact Forest Lawn at: Forest Lawn Mortuary, P.O. Box 1151, Glendale, California 91209 or firstname.lastname@example.org.