LAST UPDATED AND EFFECTIVE:  June 30, 2023

1.  Our Collection of Your Personal Data

Douglass & Zook Funeral and Cremation Services (“Douglass & Zook,” “us,” “we,” or “our”) offers and maintains the website located at https://douglassandzook.com, including all subdomains and subparts, as well as our social media accounts on Facebook, Instagram, and other platforms (collectively, the “Site”).  Douglass & Zook is committed to protecting the privacy of the families who benefit from our cemetery and mortuary services and those who visit the Site. When you visit the Site, plan a service with Douglass & Zook, visit our parks, or interact with us, you may choose to provide us with information that identifies you as a specific individual (“Personal Data”).  This Privacy Policy explains how we handle your Personal Data, and it applies regardless of how you supply us with your Personal Data.  Please take time to read this Privacy Policy carefully.  When appropriate, we will supplement this policy to alert you to any additional processing of your Personal Data that is not mentioned in this document. BY USING THE SITE OR SUBMITTING PERSONAL DATA TO US, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.

2.  Personal Data We Collect

We collect different information about different people, depending on our relationship with you.  We handle the Personal Data of people who are planning or thinking of planning for a service, as well as the information of family members, friends or contacts, and guests of our Site, services, events, or parks (collectively, “you”).

If you choose to plan with us, we will process sensitive Personal Data relating to you (and/or your loved one). Sensitive Personal Data includes any information that reveals your government identifiers (including Social Security, driver’s license, state identification card, or passport), racial or ethnic origin, or information about your health (“Sensitive Personal Data”). As a general rule, we try not to collect or process any Sensitive Personal Data about you, unless authorized by law or where necessary to comply with applicable laws or to provide services. We do not sell or share for advertising any Sensitive Personal Data collected under this Privacy Policy.

We collect the following Personal Data about you:

If you visit our website or use our public Wifi:
Collected automatically when you interact with us online (“Log Data”)	Internet protocol (“IP”) address Device and browser type and 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, chat applications, or other similar technologies discussed in more detail in the section below on cookies
If you chat with us online, call us, or leave a message:
Provided directly by you	Audio, electronic, or similar information, including written or sound recordings of your conversations with or messages to our employees Content of your interactions with or messages to us
If you inquire about our services or products, buy flowers, RSVP to an event, sign up to receive information or otherwise are a prospective customer:
Provided directly by you or by third parties, such as your friends or other referral sources	Name Contact information, including home address, email address, telephone number, and other contact details Services or events in which you have an interest Content of your interactions with or messages to us, including applications, emails, texts, chats, voice recordings, and communications through social platforms or other feedback Payment information, including credit card information (for flower shop only)
If you buy funeral or cemetery services or products:
Provided directly by you, your next of kin, or a person knowledgeable about your health	Identifiers, including name, alias, signature, or other similar identifiers Government identifiers, including Social Security, driver’s license, state identification card, or passport Contact information, including home address, email address, telephone number, and other contact details Log-in information required to access your account or our Site, such as IP address, log-in and password, log files, and log-information Date/place of birth/death Family information, including marital/domestic partnership status, next of kin/family/friends contact and other information needed to extend Forest Lawn services to such people Payment and financial information, including credit card, banking, or insurance information Internet activity information, including your browsing history, search history, and information regarding your interaction with our website or advertisements Interests Content of your interactions with or messages to us, including applications, emails, texts, chats, voice recordings, and communications through social platforms or other feedback Sensitive Personal Information, including characteristics of protected classifications under California or federal law, including your gender, race, ethnicity, and/or religious affiliation to facilitate services and comply with government reporting obligations and health information for completion of required forms or government reporting
If you visit our parks:
	Audio, electronic, visual, or similar information, including photographs, sound or video recordings of your visits to our parks Vehicle license numbers of cars entering our parks Identifiers, such as name or driver’s license number of persons reporting an incident to us in one of our parks

 

3.  How We Use Your Personal Data

We use your Personal Data for various purposes, depending on our relationship with you.

If you visit our website, use our public Wifi, chat with us, call us or leave a message, inquire about our services, products, or events, sign up to receive information or otherwise are a prospective customer, we use your Personal Data to:

advise you about products, services, offers, or events that may be of interest to you enroll you in subscription services, such as email or text message marketing provide information that you request, including referrals to other services design and arrange the Site in the most user-friendly manner monitor and train to ensure quality customer service use third party services, such as Google Analytics, that collect, monitor, and analyze Log Data to market to you and provide you with a personalized experience offer you access to and secure our digital properties from unauthorized access, scams, malicious code, theft, losses, or other harms, including monitoring of your use and communications investigate violations of law and generally to protect the rights and interests of Douglass & Zook, its families, guests, employees, and others.

If you RSVP to an event, buy flowers, products, funeral or cemetery services, or visit our Site or parks: If you decide to plan a service at Douglass & Zook or visit our Site or parks, we collect additional information (as described above) and use it to manage our relationship with and provide services to you, including to:

register your online account fulfill your product or service needs, including communicate with you about remembrances and assist you with completing documentation maintain our own accounts for billing and performance of services offer you access to and secure our physical and digital properties from unauthorized access, scams, malicious code, theft, losses, or other harms, including video recording you within our premises and monitoring of your communications and use of our premises and networks comply with legal reporting and record maintenance requirements for tax, health and safety, and other laws or court orders conduct our business more effectively and efficiently, for example, through reporting or analytics, IT security/management, accounting purposes investigate violations of law and generally protect the rights and interests of Douglass & Zook, its families, guests, employees, and others administer other internal business activities foster and maintain a safe and welcoming environment to best serve our member families and guests

If you sign up to receive recurring, marketing text messages from Douglass & Zook, we collect your name, the mobile telephone number you provide, and your opt-in consent information, including your written or electronic signature, and use or disclose it to:

send recurring, marketing text messages to the phone number you provide at varying frequencies using an automatic telephone dialing system provide customer service to you via text message or telephone, including a welcome message about your subscription in our text messaging program and responses to your requests for help by texting HELP or calling us at 1-844-769-6754 cancel your subscription to our text messaging program when, at any time, you text STOP to the number from which you are receiving our messages or change your communications preferences on our Site confirm when we cancel your subscription to our text messaging program with a single, autodialed text message engage and use one or more third-party service providers to provide software we use to perform the above functions, but we never sell text messaging originator opt-in data or consent to third-parties   You do not have to opt in or agree to receive text messages as a condition of purchasing any products or services. Message and data rates may apply for any messages you receive from or send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Douglass & Zook and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

 

4.  How We Disclose Your Personal Data

 

We will not disclose your Personal Data to third parties, except for the uses and in the manner described in this Privacy Policy. There are certain circumstances in which we may disclose your Personal Data to certain third parties after obtaining your consent.  We may also use de–identified or anonymized versions of your Personal Data for any purpose. By using the Site or submitting your Personal Data to us, you expressly consent to our disclosing your Personal Data, as set forth below. All the below categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

For purposes consistent with this Privacy Policy, we may share your Personal Data with:

Douglass & Zook affiliated entities	our parent companies, subsidiaries, and/or affiliates
Third-parties we engage to perform business-related functions for Douglass & Zook or provide services to our member families, such as	third parties who provide services to our customers or with whom we partner to do business; third parties who assist with our marketing, including chatbot applications, marketing agencies and analytics companies, such as Google Analytics, that collect, monitor, and analyze Log Data; third party providers of database, software, email, security, backup and disaster recovery services; payment processors; our insurance carriers; professional service providers, such as consultants, attorneys, and accountants   Third parties with whom we share your Personal Data have agreed to be bound to maintain and use it securely for limited purposes and only in accordance with this Privacy Policy.
Social media platforms	including Facebook, Instagram, YouTube, Google, and Twitter, and 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.
Successors who acquire your Personal Data	if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure
Government or third party lawyers	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 or any of our parks; act in urgent circumstances to protect the personal safety of users of the Site or the public; or protect against legal liability

 

Summary of Disclosures of Personal Data

We collect the Personal Data described in the table below directly from you or from the sources listed in the table in Section 2 above.

Category	Examples	Purposes	Disclosed to
Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, or other similar identifiers.	Fulfill product or service needs; conduct marketing, including analytics functions; process payments; secure digital and physical properties; comply with legal obligations; and other business purposes set forth in Section 3 above	Douglass & Zook entities; service providers; social media platforms; governmental authorities
Consumer records information	Name, signature, address, telephone number, insurance policy number, Social Security number, driver’s license, passport, bank account number, other financial information, medical information, or other similar identifiers. Some personal information included in this category may overlap with other categories	Fulfill product or service needs; conduct marketing, including analytics functions; process payments; secure digital and physical properties; comply with legal obligations; and other business purposes set forth in Section 3 above	Douglass & Zook entities; service providers; governmental authorities
Characteristics of protected classifications under California or federal law	Age, race, color, ancestry, national origin, religious affiliation, marital or familial status, medical condition, physical or mental disability, sex, veteran or military status, and other similar information.	Fulfill product or service needs; conduct marketing, including analytics functions; comply with legal obligations	Douglass & Zook entities; service providers; governmental authorities
Biometric information**	Facial imagery, voice recordings.	N/A	N/A
Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Fulfill product or service needs; conduct marketing, including analytics functions; process payments; secure digital and physical properties; comply with legal obligations; and other business purposes set forth in Section 3 above	Douglass & Zook entities; service providers; social media platforms; governmental authorities
Geolocation data	Physical location or movements.	Fulfill product or service needs; conduct marketing, including analytics functions; secure digital and physical properties; comply with legal obligations	Douglass & Zook entities; service providers; public or governmental authorities
Sensory data.	Audio, electronic, visual, or similar information.	Fulfill product or service needs; secure digital and physical properties; comply with legal obligations	Douglass & Zook entities; service providers; governmental authorities
Professional or employment-related information.	Employer, employment history, and other employment-related information.	N/A	N/A
Non-public education information.	Education records about a student maintained by an educational institution or on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records	N/A	N/A
Sensitive Personal Information.	Social security, driver’s license, state ID, or passport; racial or ethnic origin; or personal information concerning health.	Fulfill product or service needs; comply with legal obligations	Douglass & Zook entities; governmental authorities

 

5.  Your Rights About The Processing Of Your Personal Data

As a California resident, you have the following rights:

• Access: You have the right to access a copy of your Personal Data that we hold about you, upon receipt of a verified request.
• Accuracy: You have the right to correction of any inaccurate or out of date Personal Data, 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.
• Sensitive Personal Data: You have the right to limit, with some exceptions, our use of your sensitive Personal Data, including identification numbers (like Social Security number), precise geolocation data, personal demographic information (like your race or religion), and information about your health.
• Opt Out: You have the right at any time to opt out of the sale of your Personal Data or the sharing of your Personal Data for targeted or cross-context behavioral advertising.

How To Exercise Your Rights About The Processing Of Your Personal Data

 

To exercise any of these rights, you or your authorized agent may call us at 1-844-769-6754 or use our webform, which you can access here or at www.douglassandzook.com/privacy/verification.  Before we may fulfill a request to access, correct, or delete your information, we are required to verify your identity.  We will ask you to verify, at a minimum, some combination of your name, address, email address, telephone number, decedent name, decedent’s date of birth, and/or decedent’s date of death.   When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected Personal Data, or an authorized agent, we may contact you for more information, or we may not be able to meet your request.  Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your Personal Data. If you are making a request as the authorized agent of a consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf.

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, we may require up to 90 days to respond. We may contact you within 45 days from the date you contacted us to inform you if we need more time to respond.

We offer links to Opt Out of the Sale or Sharing of Personal Data and process opt-out preference signals, but we do not offer a link to limit the use or disclosure of Sensitive Personal Data, as we do not use Sensitive Personal Data for reasons other than those expressly permitted by regulations under the California Consumer Privacy Act.

You may update your preferences about how we communicate with you by visiting www.douglassandzook.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.  Security of Your Personal Data
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.  Retention of Your Personal Data

Given the nature of mortuary services, we may retain your data for a very long time.  The length of time we retain your data depends on your relationship with us.

If you	We Collect Your Personal Data	We Keep It
Visit our website	Automatically collected data, such as: IP address Device and browser information Statistics about your general location and your online browsing and search history based on tracking technologies	26 months
Use our public Wifi		90 days
Chat with us	Audio or electronic information, like written or sound recordings of your messages Content of our interactions with you	5 years
Call us or leave a message		5 years
Inquire about planning a service Buy flowers RSVP to an event Sign up to receive information Otherwise a prospective customer	Name Contact information Your interests in services and events Content of our interactions with you Payment information (for flower shop only)	Up to 10 years after our last interaction, depending on our relationship with you
Buy funerary services or products	Identifiers, like name, signature, and government ID numbers Contact information Log-in information to access your account or our website, such as username and password Date/place of birth/death Marital/domestic partnership status and family/friends contact information Payment and financial information, including credit card, banking, or insurance information Interests Content of our interactions with you Sensitive Personal Information, including gender, religious affiliation, race/ethnicity, and certain health information	The duration of your life and an indefinite period thereafter
Visit our parks	Audio and visual recordings of you, including photographs, sound, or video Vehicle license numbers of cars entering our parks Identifiers, such as name or driver’s license number of persons reporting an incident to us in one of our parks	Video retained for 6 months, or until no longer needed. Reports retained for 4 years.

 

You may close your online 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, as permitted by law.

8.   Use of Cookies

We use cookies on our Site.  If you do not want cookies to be placed on your device, you can manage your cookie preferences in our cookie banner.

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.

Why We Use Cookies

We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier.  We use cookies to:

• recognize when you are logged in to your account on the Site;
• monitor and analyze how you use the Site or interact with us;
• remember your preferences to make your online experience easier and more personalized;
• route Site traffic to effectively distribute the Site workload across servers;
• use analytics, such as Google Analytics, to help understand how visitors come to and use the Site, including through combination with third-party cookies of our service providers;
• provide information to us about which advertisements you see and click or to show you ads on or off the Site; and
• test new features.

How You Can Manage Cookies

You can manage cookies through the Site’s option settings, found in our cookie banner at the bottom of our homepage or 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. The links below provide information about cookie settings for the browsers supported by the Site:

• Chrome
• Microsoft Edge
• Firefox
• Safari

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.

To see how to opt-out of Google Analytics Advertising Features, visit Google Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out listed below). Google also provides a Google Analytics opt-out plug-in for the web.

You can find more information on how Google Analytics works in this Google guide and on Facebook App Events here.

You can learn more about cookies at the following third party websites:

• All About Cookies: https://www.allaboutcookies.org/; and
• Network Advertising Initiative: https://www.networkadvertising.org/.

9.  What Data Is Not Covered By The Privacy Policy?

The limitations in and requirements of this Privacy Policy do not apply to:

 

• 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.

 

• Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy.

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 sixteen (16), nor do we target our emails to them.  Children under the age of sixteen (16) 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 sixteen (16) may have provided Personal Data to us through the Site, please contact us at privacy@douglassandzook.com, and we will use reasonable efforts to delete it from the Site and our files.

11.  International Privacy Laws

If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Data may be subject to lawful access requests by government agencies.

12.  What If You Change This Privacy Policy?

 

We may occasionally make changes to this Privacy Policy.  If we wish to use your Personal Data for a purpose materially different than those disclosed in this Privacy Policy, we will provide you with a new Privacy Policy explaining this new use prior to commencing the processing of your Personal Data pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. If we change this Privacy Policy, your continued use of the Site or submission of Personal Data to us will signify your express consent to new uses of your Personal Data.

13.  How Can I Resolve A Privacy Dispute With You?

If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use.  BY USING THE SITE OR SUBMITTING YOUR PERSONAL DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS).  THE RULES IN ARBITRATION ARE DIFFERENT.  THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD. 

To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”).  The Dispute Notice must be addressed to:  Douglass & Zook, P.O. Box 1151, Glendale, California 91209, Attention: General Counsel and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use.  If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

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 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?

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at privacy@douglassandzook.com.

LAST UPDATED AND EFFECTIVE:  JUNE 30, 2023

THIS WEBSITE IS OWNED AND OPERATED BY DOUGLASS & ZOOK FUNERAL AND CREMATION SERVICES.  PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER FULLY AND CAREFULLY BEFORE USING WWW.DOUGLASSANDZOOK.COM AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU.  THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

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.

BY USING THIS SITE OR CHECKING ANY BOX INDICATING ASSENT TO THE TERMS, 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.

KEY TERMS

Douglass & Zook refers to Douglass & Zook Funeral and Cremation Services, and is referred to herein as “Douglass & Zook,” “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.douglassandzook.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.

“Terms” refers to the terms and conditions of these Terms of Use, our Privacy Policy, and any other applicable terms relating to programs we offer, expressly incorporated herein by reference.

“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 Douglass & Zook Funeral and Cremation Services, 600 E. Foothill Boulevard, Monrovia, California  91016, 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 privacy@douglassandzook.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.

GOVERNING LAW

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.

CHANGES TO TERMS OF USE

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site.  Each time you use the Site, you should review the current Terms.  You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use.  Your continued use of the Site will constitute your acceptance of the then-current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively.  Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Douglass & Zook will be applied.

YOUR ACCOUNT

You may choose to register an account with Douglass & Zook, 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 Douglass & Zook, 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.

PRIVACY POLICY

Users of the Site should refer to our Privacy Policy for information about how we use and collect information (as may be updated from time to time). You agree that we may collect, use, retain, disclose, and dispose of your Personal Data to the extent permissible by law and as described in our Privacy Policy and that our policies will govern our handling of your Personal Data to the fullest extent permitted by law.

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

By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant Douglass & Zook a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing services and products to you and/or other Users, and also in connection with advertising of our services and products.  You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such User Content as we, in our sole discretion, see fit without further consent by, or payment to, you including in connection with any of our advertising, 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.  By uploading User Content to the Site, you agree to grant Douglass & Zook 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 Douglass & Zook 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 Douglass & Zook 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 Douglass & Zook 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 may request that we delete your User Content according to the terms of our Privacy Policy by calling us at 1-844-769-6754 or using our webform, which you can access here or at www.douglassandzook.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 a combination of your name, address, email address, telephone number, decedent name, decedent’s date of birth, and/or decedent’s date of death. 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.

INDEMNIFICATION

You will defend, indemnify, and hold harmless Douglass & Zook, 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) your violation of these Terms or any applicable law, including infringement by you of any intellectual property rights owned by Douglass & Zook or any third party; and (iv) any and all activities that occur under or in connection with your account, username, and/or password for this Site.  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 Douglass & Zook in any investigation and/or litigation concerning the matter.

MOBILE APPLICATION USERS

The following provisions apply to users of Douglass & Zook’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 https://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 Douglass & Zook, 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 Douglass & Zook 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.

All trademarks not owned by Douglass & Zook 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 Douglass & Zook. 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 Douglass & Zook under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of Douglass & Zook’s services or products, or any part thereof, whether such formulation or design is registered or not, shall vest in Douglass & Zook absolutely.  Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to Douglass & Zook’s services or products is the proprietary information (“Proprietary Information”) of Douglass & Zook and its third party vendors (as the case may be).  You agree that you shall not, without Douglass & Zook’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 Douglass & Zook’s services or products. You also agree that you shall not use or provide Douglass & Zook’s products to any third party or other entity to reverse engineer or disassemble Douglass & Zook’s products or any part thereof to create or derive any Douglass & Zook or third party intellectual property.

DMCA/COPYRIGHT POLICY

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 Douglass & Zook, 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 privacy@douglassandzook.com, by phone at 1-844-769-6754, or by writing to Douglass & Zook Funeral and Cremation Services, 600 E. Foothill Boulevard, Monrovia, California  91016.

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.

SMS MARKETING TERMS

You may opt to receive marketing information from Douglass & Zook via text messages about our products, services, events, or other marketing information.  By opting into Douglass & Zook’s Text Message Alerts, you expressly agree that you are at least 18 years of age, that you consent to these Terms, including to resolve disputes with Douglass & Zook through binding arbitration (and with very limited exceptions, not in court), and you agree to waive any right to participate in class actions, all as detailed in the “Dispute Resolution” section below.

Opting In

To opt into Douglass & Zook’s Text Message Alerts, we will send you a message to confirm your signup.  Text YES to 42868 to receive our Alerts.  Message frequency will vary based on your use.  By opting into Douglass & Zook’s Text Message Alerts, you consent to using your electronic signature, by which you are agreeing to receive recurring marketing text messages that may be sent using an automatic telephone dialing system, by or on behalf of Douglass & Zook, to the cell phone number associated with your opt-in (i.e., the number listed on the opt-in form or from which you send the opt-in). You do not have to opt in or agree to receive text messages as a condition of purchasing any products or services.

You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. If you change, forfeit, or deactivate the phone number you have provided to us, you agree to notify Douglass & Zook immediately. Failure to do so constitutes a material breach of these Terms. Please note we may not be able to deliver messages to all mobile carriers.

Cost

Message and data rates may apply for any messages sent to you from or on behalf of Douglass & Zook, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

How to Opt Out and Get Help

At any time, you may withdraw your consent to receiving text messages from Douglass & Zook by replying STOP to 42868, the number sending the message, or by changing your communications preferences on our Site here.  After replying STOP, you will receive one additional text message confirming that you have been unsubscribed. After opting out of receiving text messages, you can re-enroll in any Douglass & Zook text messaging program by following the instructions for that program.  If you need further assistance, or if you forget what keywords are supported, text HELP to 42868, the number sending the message, or contact Douglass & Zook at 1-844-769-6754.  We will respond with information on how to use our service and unsubscribe.

Participating Carriers

The short code we use for Text Message Alerts is supported on the following U.S. carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).  Please note, however, that the supporting mobile carriers may change without notice. Douglass & Zook and T-Mobile are not liable for delayed or undelivered messages.

Questions about Text Message Marketing

If you have any questions about the service provided by our short code, you can email us at info@douglassandzook.com, call us at 1-844-769-6754.  If you have questions about your privacy, please review our Privacy Policy.

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 Douglass & Zook 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 DOUGLASS & ZOOK, 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 DOUGLASS & ZOOK.  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 DOUGLASS & ZOOK 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.

TERMINATION

Notwithstanding anything to the contrary in these Terms, we may, without notice and in our sole discretion, for any reason or no reason, terminate your ability to use the Site and 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 Douglass & Zook.  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.

DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR SERVICES, PRODUCTS, THESE TERMS, INCLUDING OUR PRIVACY POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT each party retains the right to: (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”).  The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Douglass & Zook 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.

ARBITRATION RULES

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 https://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 Douglass & Zook 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 Douglass & Zook must be mailed to Douglass & Zook Funeral and Cremation Services, 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 Douglass & Zook’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.

ARBITRATOR’S DECISION

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.  Douglass & Zook 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.

FEES

We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or Douglass & Zook 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 Douglass & Zook, at Douglass & Zook Funeral and Cremation Services, 600 E. Foothill Boulevard, Monrovia, California  91016, or by email to privacy@douglassandzook.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.

Notwithstanding the provisions of the “Changes to Terms of Use” section above, if Douglass & Zook changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Douglass & Zook written notice (including by email to privacy@douglassandzook.com) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Douglass & Zook in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between Douglass & Zook 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 Douglass & Zook 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 Douglass & Zook under these Terms, including those regarding modifications to these Terms, will be given:  (i) by Douglass & Zook 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 Douglass & Zook.  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 Douglass & Zook, and you do not have any authority to create any obligation on our behalf.

CONTACT INFORMATION

If you have any questions about these Terms, please contact Douglass & Zook at: Douglass & Zook Funeral and Cremation Services, 600 E. Foothill Boulevard, Monrovia, California  91016 or privacy@douglassandzook.com.