Terms & Conditions

Last revised January 15th, 2020.

Please read these Terms and Conditions (the “Terms” or “Terms and Conditions”) carefully before using the Obitia.com website (the “Website”) operated by Obitia, LLC., a Florida Limited Liability Corporation d/b/a Obitia.com (“us”, “we”, “our”, “Obitia”) as these Terms and Conditions contain important information regarding limitations of our liability.

Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users, Providers (as defined in our Funeral Providers Agreement, which is incorporated by reference), and others, who wish to access or use the Website.

By accessing or using the Website you agree to be bound by these Terms.  If you disagree with any part of the Terms then you do not have our permission to access or use the Website and should cease to do so immediately.

Comments or Complaints

If you have any comments or complaints about your service, are not satisfied with the service that has been provided or you need aid in obtaining service from a funeral home, you can contact us at [email protected].

Refund Policy

Obitia.com does not charge customers for funeral services or products (see single exception below), therefore we do not issue refunds to customers directly. In order to receive a refund for any service or merchandise order, the customer will have to request said refund directly from the service provider or merchandise vendor. If you need help getting in touch with a service provider or merchandise vendor, please contact us through the options above.

The single exception is our funeral provider memberships and advertising opportunities. These are charged directly to the customer, however we do not give refunds as we give generous trial periods and allow for the customer to cancel at any time.

Availability, Errors, and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.

We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Obitia, LLC. All such information, products, and services are provided “as is” without warranty of any kind. Obitia, LLC disclaims all warranties and conditions that this Website, its servers or any email sent from Obitia, LLC are free of viruses or other harmful components. Obitia, LLC hereby disclaims all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

No Warranties

Obitia, LLC does not give any warranty to the purchase of any merchandise, including but not limited to, flowers, caskets, urns, clothing, acknowledgment cards, memorial folders, prayer cards, registration book or death certificates. All such items shall be considered the deliverables of the funeral homes or individual service or product providers. They shall be solely responsible for the quality and correctness of the merchandise or services. If you have an issue with the quality of the merchandise or services your received we would like to hear about it, please contact us at [email protected].

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than Obitia, LLC. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Furthermore, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not necessarily imply any endorsement of the material on such websites or any association with their operators.

Third-Party Purchases and Affiliate Programs

We are participants in several affiliate programs.

  1. Third Party Sites
    1. Obitia earns money through linking to other sites. If you click on a link that goes to an outside, third-party site and purchase a product or service on that site, we may receive compensation for that purchase. There are occasions when we are not compensated for outside links, however for many outside service and product providers we are compensated. For Amazon, please refer to the language below.
  2.  Amazon
    1. Obitia, LLC is a participant in the Amazon Services LLC Associates Program, an Affiliate Advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
  3. FloristOne
    1. Our flower shop is powered by FloristOne’s API (application program interface). We recieve compensation when flowers are ordered through our flower shop.
  4. We may join other affiliate programs from time-to-time, without giving notice.

Independent Contractors

The relationship of all third-party service and merchandise providers to Obitia is that of an independent contractor or as stipulated in the affiliate program agreement we have signed with said third-party, and neither said providers nor any employee of providers will be deemed to be an agent, employee, or representative of Obitia or vice versa under any circumstances.

Intellectual Property

All contents of this Website are Copyrighted by Obitia, LLC. All rights reserved. Obitia, LLC, www.obitia.com , and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Obitia, LLC, and are either registered trademarks or trademarks of Obitia, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Obitia, LLC is not responsible for content on websites operated by parties other than Obitia, LLC.

Any data harvesting, scraping or another method of collecting any and all information from this Website is a violation of these Terms and will be met with legal action on behalf of Obitia, LLC. We maintain programs that detect such behavior.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When you create an account with us, you guarantee that you are above eighteen (18) years of age, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

To set up an account with us, you must provide your name, email address and a password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Termination

We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you must contact us at [email protected].

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

In no event shall Obitia, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content or (v) any acts or omissions by the funeral home (or other providers), whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Obitia is not responsible or liable for the performance or execution or failure to perform or execution of any services and merchandise including but not limited to: basic services of funeral director and staff, visitation and viewing facilities and staff at funeral home, funeral ceremony facilities and staff at funeral home or local alternate location, embalming, other cosmetic preparation, clothing, dressing and casketing, casket, urn, cremation, transportation of deceased, funeral coach (hearse), acknowledgment cards, memorial folders and prayer cards, registration book and Certified Death certificates.

Damages

In no event shall Obitia be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Obitia has been advised of the possibility of such damages.

If, despite the limitation above, Obitia is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Obitia, LLC will in no event exceed the service fees, if any, you paid to Obitia in connection with such transaction(s) on this Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Obitia.

Choice of Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between you and us regarding the Website. In the case that you are a provider and you have executed the Funeral Provider Agreement, or like agreement, then the Funeral Provider Agreement will control if there are any discrepancies or omissions.

Dispute Resolution and Venue

Any controversy or claim arising out of or relating to these Terms including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Miami-Dade County, Florida and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least five (5) years’ experience in the practice of law and at least five (5) years’ experience in the negotiation of Terms and Conditions. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Florida sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Florida or any other applicable law. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. The non-prevailing party shall pay all arbitration fees of the prevailing party.  Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].

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