Terms & Conditions

TERMS & CONDITIONS

Our Identity
Welcome to Homegoing.com. Homegoing.com is a website owned by Homegoing Inc. (also referred to as “we”, “us” , “Homegoing”) located online at http://www.homegoing.com. Homegoing is incorporated in the state of Delaware under the name Homegoing Inc. By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service”, “Terms & Conditions”, “Terms of Use (TOU)” or “Agreement”) whether you are a “Visitor” or “Guest” (which means you are just browsing Homegoing.com) or a “Registered User” (which means you have created a profile with Homegoing.com) or an affiliate vendor.
STOP ACCESSING THIS SITE IMMEDIATELY IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.

By accessing this site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create, derivate work from, sell or re-sell any content or information obtained from or through the site.  If we believe you have violated theses terms of use, we may, without notice, suspend or terminate your ability to access the Homegoing website and/or any other service, specific content, digital products, products, courses or events, provided to you by Homegoing, including any personal website.

Homegoing Inc. reserves the right to change, alter or modify these terms of use at any time without prior notice. When this occurs, changes in these terms will be posted on the website, effective immediately and binding on you from the date of posting.  Each time you access this website or employ the services of Homegoing, you agree that you will be subject to the then-current Terms of Use and that you have read, accepted, and agreed to be bound by any modifications to these terms.  If you visit regularly, it is your responsibility to check these terms and conditions on a regular basis to keep yourself up-to-date. Your continued use of the site after such modifications to this agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

User Experience
A. LICENSE:  Homegoing.com visitors may choose to register their identifying information and become "Registered Users." Others may become registered users via a separate agreement with Homegoing.  Registered users have their own account consisting of access to content, tools and other services reserved solely for registered users.
Each registered user may receive a unique screen name and password.  Each user is responsible for maintaining the confidentiality of your password and account and is fully responsible for all activities that occur under your password or account.  You may not share your password, transfer your account to anyone without first getting our written permission or let anyone else access your account, or do anything that might jeopardize the security or confidentiality of your account.  Users may change the password to their account at any time.  Users agree to immediately notify Homegoing of any unauthorized use of your password or account or any other breach of security of which you become aware.  Homegoing cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Each registered user agrees that all information they provide to Homegoing, including but not limited to all required fields of the registration form, is true, accurate, current and complete.  You will not provide any false personal information on Homegoing, or create a user account for anyone other than your loved one or funeral home without our expressed permission.  If any of your information changes, you agree to update your registration information as soon as possible.  If Homegoing suspects that your registration information is not true, accurate, current, or complete, or that you have otherwise violated these TOU, your account may be subject to suspension or termination.  We may delete anything you have posted, including but not limited to information about yourself.  You may also be barred from using the website.
Homegoing.com is not directed at children under the age of 13.  Any registration with, use of, or access to Homegoing.com by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these TOU.  By purchasing a profile or placing an order through this site, you warrant that you are legally capable of entering into a binding contract and are at least 18 years old.  Because Homegoing.com contains user-generated content, be aware that site users may have created content or areas on the site that contain adult or mature content.  Parents or guardians of children between the ages of 13 and 18 who allow their children access to this site are responsible for determining that the content is appropriate for their children.          

  1. B. CONDUCT: You agree that your use of this site and Homegoing’s services is subject to all applicable local, state, national and international laws and regulations. You also agree:
    1. To comply with applicable U.S. and local laws or rules regarding online conduct, acceptable material, and the transmission of technical data.
    2. Not to use the services offered by Homegoing for illegal purposes.
    3. Not to commit any acts of infringement on the services or with respect to services content.
    4. Not to use Homegoing services for chain letters, junk mail, spamming, or use of distribution lists of any kind.
    5. Not to upload or transmit viruses or other harmful, disruptive or destructive files.
  2. Not to attempt to gain unauthorized access to other computer systems from or through Homegoing.
    1. Not to disrupt, interfere with, or otherwise harm or violate the security of Homegoing’s services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites (including those of our affiliate newspapers).
    2. Not to copy any content, including but not limited to death notices, for republication in any other publication, whether in print or on-line.
    3. Not to interfere with another person’s use and enjoyment of the services offered by Homegoing or another entity’s use and enjoyment of these services.
    4. Not to use the Services to engage in commercial activities.
    5. Not to create or maintain a memorial website, obituary, guest gook, or life story of any kind for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a memorial website, obituary, guest gook, or life story.
  3. C. COMMERCIAL USE. You agree that the consequences of commercial use or republication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
  4. D. REPRESENTATION: Each time you submit material to Homegoing, you represent and warrant that you have the right to submit the material.  This means that you are the author of the material; the material is not protected by copyright law, or if it is that you have express permission from the copyright owner to post the material to Homegoing; you have the right to grant Homegoing Inc. the license set out in these Terms of Use; and the material you submit does not violate these Terms of Use.

When you create a loved one’s profile, you are representing and indicating that your loved one is deceased and that this can be verified via Social Security records and/or Social Security Administration's Death Master File.

E. COMMUNITY RULES: We respect other people's rights, and expect you to do the same, including the following:

  1. You will not post content or take any action on Homegoing.com that infringes or violates someone else's rights or otherwise violates the law.
  2. You will not use our copyrights or trademarks, or any confusingly similar marks, without our prior written permission.
  3. You will not post anyone's identification documents or sensitive financial information on Homegoing.
  4. You will not collect users' content or information, or otherwise access Homegoing, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  5. You will not upload viruses or other malicious code.
  6. You will not solicit login information or access an account belonging to someone else.
  1. You will not use Homegoing to do anything unlawful, misleading, malicious, defaming or discriminatory.
  1. You will not do anything that could disable, overburden, or impair the proper working of Homegoing.com
  2. You will not post any pornographic, sexually explicit, unlawful or plagiarized content.
  3. You will not post anything inappropriate, threatening, harassing, abusive, harmful, vulgar, profane, obscene, excessively violent, or that is racially, ethnically or otherwise objectionable or offensive in any way.
  4. You will not post anything that constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
  5. You will not post anything that violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  6. You will not post anything that promotes software or services that deliver unsolicited email or spam.
  7. You will not infringe upon any trade secret, copyright, trademark, patent, or other intellectual property right.
  8. You will not disrespect any deceased person(s) or funeral homes on Homegoing.
  9. You will not post material or use Homegoing.com in any way that is otherwise not in compliance with these terms.

 

You are solely responsible for your interactions with other registered users, funeral home directors, affiliate vendors, or website visitors.  Homegoing reserves the right, but has no obligation, to monitor or take action regarding disputes between registered users, funeral home, affiliate vendors and/or visitors.  In the event of disputes, Homegoing may, in its sole discretion, take action it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Web site, and removing any user content.
Homegoing cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Homegoing’s Rights
You grant Homegoing Inc., its affiliates (including its funeral home partners), 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 material you provide to Homegoing Inc. 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 Homegoing to include the material you provide in a searchable format that may be accessed by users of our services and other websites.  You also grant Homegoing Inc. and its affiliates (including its affiliate vendors) and related entities the right to use your name and any other information that you provide about yourself in connection with the use, reproduction or distribution of such material.  You also grant Homegoing Inc. the right to use the material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any material 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 Homegoing’s services without the need for additional compensation of any sort to you.

You acknowledge and agree that Homegoing Inc. does not control user-generated material or content, and disclaims any responsibility for such material. Homegoing Inc. specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, edit, or remove such user-generated material.  In addition, Homegoing Inc. does not represent or warrant that any other content or information accessible on the site is accurate, complete, or current.  We assume no responsibility or liability for any errors or omissions in the content of the website.

Website
Homegoing reserves the right to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice at any time.  Homegoing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
Trademarks
You acknowledge and agree that our services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Homegoing Inc.  All Homegoing.com and other website graphics, text, code, logos, designs, page headers, page layouts, button icons, scripts, and service names are registered trademarks, trademarks or trade dress in the U.S. and/or other countries for Homegoing Inc.  Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.

Termination of Use
Homegoing Inc. shall have the right to immediately terminate or suspend, at its absolute discretion, your access to all or part of the site with or without notice for any reason.

Indemnity
You agree to indemnify and hold Homegoing Inc., along with its parents, subsidiaries and affiliates (including its funeral home partners), agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with:  your use of our services, material or information you submit on or through the services, any alleged infringement of intellectual property or other right of any person or entity relating to the services, your violation of these Terms of Use, and any other acts or omissions relating to the services.

Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  HOMEGOING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HOMEGOING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:  THE WEBSITE OR ANY OTHER HOMEGOING SERVICES WILL MEET YOUR REQUIREMENTS; THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HOMEGOING WILL MEET YOUR EXPECTATIONS; AND ANY ERRORS ON THE WEB SITE WILL BE CORRECTED. 
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEGOING OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

Limitation of Liability
In no event shall Homegoing Inc. or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the site, the content and other information obtained therein.

Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

Visitors and registered users are not endorsed by Homegoing, and we make no guarantee regarding the reliability, accuracy, or quality of any content provided by such parties that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any user-generated content, including any reliance on the accuracy, completeness, or usefulness of such content.  All user-generated content posted to the website is the sole responsibility of the person who originally posted it, and your sole recourse for any damage you may suffer as a result of such user-generated content shall be limited to such individual(s).

Homegoing is not responsible for any misrepresentation, miscommunication,or misdirection from affiliate sites or funeral homes who sell Homegoing’s products and services. Homegoing is not responsible for any misrepresentation, miscommunication, or misdirection on a competitor’s business model, pricing, service, or any such communication in reference to other players in the funeral services industry, funeral homes, or funeral home directors within a Homegoing seller’s pitch, conversation, or handout.

Fees and Payment
You acknowledge that Homegoing.com reserves the right to charge for some or all of the products and services it offers and to change its fees at its discretion without notice.  Billing will be processed immediately upon purchasing on Homegoing.com or an affiliate vendor product and/or service.  If Homegoing.com modifies, removes, discontinues or terminates your service, product or user registration you shall not be entitled to a refund. All sales are final. There are no refunds.
You will have the ability to renew service for a $9.95/year maintenance fee at the end of your 12-month term.  If you decline, your service will be disabled.  Homegoing bears no responsibility for disabling your profile or loss of content.
Other

  1. We are not responsible for any inappropriate, impolite, disingenuous and/or discourteous guestbook posts or private messages. Please contact us if you cannot remove such a post from your loved one’s guestbook or business guestbook.
  2. We are not responsible for any falsified information or profile (Both Loved One and Funeral Home).
  3. We are not liable if the funeral home deviates from our suggested retail price.
  4. We are not liable for any misinformation provided by a funeral home director/ representative to a client on behalf of Homegoing Inc.
  5. We are not liable for any taxes owed on a funeral home’s incentives or any undeclared incentives.
  6. We are not liable for any misuse of a profile or our services.
  7. We are not liable for any damages or monetary impacts related to a funeral home’s ratings or guestbook comments.
  8. We are not responsible for any cyber breach or loss of information (both public and sensitive) but will work hard to resolve any issues related from a cyber attack.
  9. We are not responsible or liable for stolen user ids and/or passwords. Contact the Homegoing team if someone has stolen or changed your log-in information without your approval.
  10. When posting a profile via social media or sending funeral arrangement announcement emails, you are doing so at your own risk.
  11. If a family decides to use Homegoing’s cash gift tool, Homegoing Inc. is not liable for the use or misuse of any monetary donations.
  12. When a profile is created, whether set-up by a funeral home director, approved family member, or any other approved individual, the profile creator and owner are agreeing to the terms and conditions.

Waiver of Class Action Rights
BY ENTERING INTO THIS TOU, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.

Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Cancellation

  1. Upon providing written notice to Homegoing, you may cancel or terminate your password, account and/or use of our services, with or without cause at any time.  Your cancellation/termination/expiration will take effect immediately if you cancel or terminate your account or any services, or upon expiration of your account or service. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to Homegoing Inc. of cancellation or termination must be sent via email.
  2. At any time, with or without prior notice, Homegoing Inc., in its sole and absolute discretion, may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any services for any reason whatsoever (including but not limited to lack of use, commercial use, cybersquatting, Homegoing Inc.’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Homegoing Inc.’s belief that you have violated or acted inconsistently with the letter or spirit of these Terms of Use).  In the event of a dispute or conflict among, or complaint from, users of the services about another’s right to establish, use, or maintain an account or services, Homegoing Inc. reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
  3. Upon expiration, or cancellation or termination by either party, of your account or your password, and/or use of any services, you will have no right to any material or Information you submitted.  Homegoing Inc. may also, at its sole discretion, temporarily or permanently block access to, deactivate, discard, and remove or delete all such material or Information contained therein.  Homegoing Inc. accepts no liability for removed or deleted material or Information.  In addition, any contracts (verbal, written, or assumed) with respect to your account, material or Information you submit, and/or use of any services, will be terminated at Homegoing Inc.’s discretion.  You agree that Homegoing Inc., Inc. shall not be liable to you or any third-party for any termination of your access to any services.

There shall be absolutely no refund of money paid to Homegoing Inc. upon suspension, cancellation, or termination of your account or your use of any service for whatever reason.

Severability
If any of the terms included in this agreement or provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

Governing Law
Any disputes arising out of or related to these Terms of Use and/or any use by you of the site shall be governed by the laws of Delaware, without regard to the conflicts of provisions therein.

Third-party Sites
The site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by Homegoing, Inc.

Date of Publish
This agreement was last updated on November 19, 2012.