TERMS OF USE   Affordable Funerals Network, Inc. (hereinafter “AFN”) helps people looking for funeral related services and goods by putting them in contact with professional funeral service providers throughout the United States. AFN has developed and maintains a network of third-party funeral service providers (“Providers” or “Provider”) to connect with customers interested in or in need of such services and goods. Through the AFN website located at www.afnfunerals.com (the “Site”), AFN allows users to connect with a funeral service provider in their location of need to contract with that Provider for a variety of pre-set offerings of certain funeral goods and services (“Offerings”). Users of the Site may purchase these Offerings directly from the Provider identified for their area, and may buy other goods or services from that Provider in addition to, or as an alternative to, the Offerings if the user so wishes. You may contact AFN using the “Contact Us” function on the Site. This Site is owned and operated by AFN. The Site’s purpose is to provide information and connect Users with third-party funeral service providers. AFN does not provide the funeral goods and services Offerings advertised on the Site, nor does it provide any other goods or services which may be purchased from the Providers. Instead, AFN collects a service fee for connecting Users with a local Provider who can engage in a commercial transaction with the User for the purchase and sale of the advertised reduced funeral Offerings and/or other goods or services from the local Provider if the User so chooses. The actual contract for the Offerings and any other goods and services is directly between the Users and the Providers. At all times, AFN is at most an intermediary between Users and Providers, and the only contract and obligations between Users and AFN is the contract and obligations provided for under these Terms of Use. These Terms of Use (“Terms of Use”) define the terms and conditions under which AFN makes its Site and services available to You and other Users. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. These Terms of Use are a legally binding agreement made by and between AFN and You (and, if applicable, on behalf of the entity or entities you represent or for whom you are using the Site) (collectively, “You” and “Your”). These Terms of Use govern Your access and/or use of the Site and You should read them carefully. BY ACCESSING OR USING ANY PART OF THIS WEBSITE OR THE AFN SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, STOP USING THE SITE IMMEDIATELY, DO NOT ACCESS OR USE THIS SITE IN THE FUTURE, AND DO NOT PURCHASE ANY ADVERTISED OFFERING OR ENGAGE IN ANY COMMERCIAL TRANSACTION WITH THE PROVIDER YOU WERE CONNECTED WITH THROUGH AFN reserves the right, at its sole discretion, to make changes to portions or all of these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Site means that you agree to any new or modified provision of these Terms of Use that is posted on the Site. This Site is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. The Site is not intended for or directed to minors (persons under 18 years of age). AFN does not knowingly solicit data from minors under 18 and it does not knowingly market to children under 18 through the Site. Your use of the Site is a representation that You are legally permitted to enter into binding contracts and are 18 years of age or older. AFN uses the means it believes are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond AFN’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Site. AFN shall not be liable for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown or any event beyond AFN’s reasonable control, including without limitation, fire, Internet outage, interruption of service, labor disturbance, government action, natural disaster, technological disaster, terrorism, or war. Third-Parties Will Provide the Advertised Discounted Funeral Offerings, and Any Other Funeral The various reduced funeral Offerings advertised on this Site, and any other funeral-related services and goods are provided by third-party Providers, and not by AFN. These Providers are not affiliated with or controlled by AFN, but are independent third-parties who have been identified by AFN as being willing to fulfill the Offerings at the listed price in a specific geographic market, and who are also willing to provide through the Site their current price lists for funeral-related services and goods. All purchases of any Offerings or other funeral-related services and/or goods involves a separate transaction and contract between You and the Provider. Accordingly, the Providers are solely responsible to You for the care, quality, and delivery of the goods and services offered, purchased, and provided. The listings on this Site are not an offer to sell services or goods, rather, they are advertisements to receive offers from You to buy services and/or goods from the third-party Providers. By placing an order, You are making an offer to buy those services and/or goods, which the Provider must accept in the form and manner it deems fit. There is no binding contract for sale until such time as You reach such a contract with the applicable third-party Provider subject to Your offer. All prices advertised on the Site are subject to change, and we or the applicable third-party Provider may have to communicate price changes or availability issues to You after You place No Endorsement or Guarantee By AFN: AFN does not make any endorsement of any of the third-party Providers who participate in the AFN network or with whom You may be put in contact with through this Site, nor does AFN make any guarantee, representation, or warranty about the quality of such Providers’ services or goods. All Providers are only included in the AFN network based on their willingness to fulfill the advertised Offerings at the listed prices, to provide their current price lists for all funeral services and goods, and to fulfill any other funeral-related services and goods which Users may seek to buy from them. Your dealings with any Provider with whom You are connected through the AFN network, and any contracts or other terms, conditions, representations, or warranties associated with such dealings, are solely between You and such Provider exclusively and do not involve AFN in any way. It is up to You to make whatever investigations, research or inquiries about such Provider that You deem necessary or appropriate before engaging such Provider or buying any Offering or other services or goods from them. Information About Offerings and Other Provider Services or Goods: AFN’s Site displays and provides content, such as information about the Offerings and Providers, including individual Provider price lists and required written disclosures, that is not created or developed by AFN. We are not responsible for typographical, technical, or descriptive errors of Offerings or other services or goods included on the Site, or for any errors in the price lists of any third-party Providers. We reserve the right to correct errors or to update Offerings or other services and goods information at any time without notice. In the event any Offerings, services, and/or goods are listed at an incorrect price or with incorrect information due to typographical error or error in pricing or services/goods information, AFN, at its sole discretion, shall have the right to either (i) give You notice of the error and allow You the opportunity to proceed with your transaction with the Provider at the corrected price; or (ii) refuse or cancel any offer or request by You placed at the incorrect price listing. AFN attempts to have descriptions of the Offerings, other services and goods, and the Providers, listed on the Site as accurately as possible. However, AFN makes no guarantees with respect to the accuracy, completeness, reliability, or currency of this information or other Site content. The information contained in this Site is subject to change without notice. AFN only charges You a service fee in connection with Your use of the Site and the referral services provided to You. AFN’s current fees are listed on the Site. Our fees are subject to change at any time, and any changes in these fees will be posted on the Site. Once You have provided the necessary information concerning the location where You wish to have services and goods provided, we will provide You access to the applicable Provider’s General Price List information, and once You have paid AFN’s fee, we will put you in contact with the applicable Provider for Your area. Once AFN has connected You and the Provider, AFN has no other role or responsibility with the transaction between You and the Provider. You are not required to go forward with any transaction with the Provider You are connected with through the Site. While AFN collects and processes a service fee on Your behalf, AFN is at all times at most merely an intermediary between You and the applicable Provider with whom You may contract. Further, You are responsible for paying for any Offering or other services or goods You purchase from the Provider, including any applicable local, state, federal or other taxes. General Price Lists and Other Communications By Providers: As a customer or potential customer of funeral-related goods and services, You have certain rights as set forth in the Federal Trade Commission’s Funeral Rule, 16 C.F.R. §§ 453.1 et seq. This includes the right to view the third-party provider’s itemized General Price List “GPL” identifying the individual costs for each good or service it offers before purchasing any Offering or other goods or services, and the right to receive certain written disclosures depending on Your geographic location. Through the Site, AFN provides you access to the GPL of the applicable Provider for Your service area. You must provide AFN with the correct geographic area information for the location You seek goods and services in to receive access to the appropriate Provider’s GPL and disclosures. Further, You acknowledge and agree that AFN did not create or develop the GPL’s or written disclosures of the various Providers and is not responsible for the content of such GPL’s or written disclosures, including the accuracy of the GPL’s or written disclosures, whether such information is current and up-to-date. You further acknowledge and agree that the respective Providers are solely responsible for the content of their respective GPL’s and written disclosures, including their accuracy and effective dates. It is the sole responsibility of each Provider to ensure that any and all information they provide through the Site and otherwise provide to Users is accurate, current and fully complies with all applicable laws, regulations and rules, including those concerning the funeral industry. It is also the sole responsibility of each Provider to inform You of any substitution of any product or service such Provider offers or provides in connection with Provider’s participation in the AFN Network, and each Provider is solely responsible for making such a substitution only upon express agreement with You to such substitution. Sole Remedy For Inaccurate Information or Choosing Not to Consummate Transaction: Your sole remedy from AFN is limited to seeking a refund of the service fee paid to AFN in accordance with the terms of our Refund Policy, which is incorporated herein and made a part of this contract, if: (i) an Offering, or other services or goods You offer to purchase through AFN’s Site, which is accepted and provided by one of the Providers, is not as described on AFN’s Site, or (ii) You choose not to consummate any transaction with the identified Provider once we have provided their information to You. The return of service fee is subject to AFN’s discretion. You may create a user account by completing the online registration process on the Site. You must provide us with accurate and complete registration information, and update it if this information changes. By creating an account, You expressly consent to AFN’s collection, disclosure, and use of any information or data You submit therewith, in accordance with our You must keep the email address associated with Your account current, and You must maintain the confidentiality of your account and password, and are responsible for all use of Your account and password, including, without limitation, any use by any unauthorized third party. Notify AFN immediately if You believe Your account or password may have been used without authorization. AFN may suspend or terminate Your use of the Site if we believe Your account or password is being used without permission or otherwise in a manner that may disrupt the Site. You may only use the Site for lawful purposes. In Your access and use of the Site, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of AFN or any third party; (ii) abuse, defame, harass, or stalk any individual; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper working of the Site, including, without limitation, through the use of technology currently existing or yet-to-be-developed; (iv) use any technological or manual process to access, acquire, copy or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including, without limitation, AFN, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Site, or portions of the Site that are restricted from general access; (vii) engage, directly or indirectly, in transmission of any unsolicited solicitation, regardless of type or form; (viii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitors to the Site without their express consent or other information relating to this website; (ix) use any meta tags or any other hidden text utilizing the AFN name, service marks, trademarks, or good or service names; (x) advertise, offer to sell, or sell any goods or services set forth in the Site, except as expressly permitted by AFN; (xi) engage in any activity that interferes with anyone else’s ability to use or enjoy the Site; (xii) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AFN’s systems or networks, or any systems or networks connected to the Site or AFN; or (xiv) assist any third party in engaging in any activity prohibited by these Terms of Use. Communication of Information To and On the Site: If You submit or upload any content or information through this Site excluding payment information, You are acknowledging that any such content or information does not create any confidential, fiduciary, contractually implied or other relationship between You and AFN, its agents and representatives, or its other customers or members, and such information may be used by AFN for any purpose, including for promotional or advertising purposes. The Site may contain links to the websites of others, including but not limited to funeral goods and services providers participating in the AFN network (“Linked Sites”). AFN does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the goods or services available at or through the Linked Sites. AFN does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that AFN has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. AFN accepts no liability for any direct or indirect damage that may result from a user’s visit to a Linked Site, or from a user’s use of the contents, goods or services of these websites or their owners or operators. You acknowledge and agree that AFN shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, Your access and use of any Linked Site shall be solely at Your own risk. If You have any questions or concerns regarding any Linked Site, You should review any terms and conditions and privacy policy maintained by that Linked Site, or contact the applicable party or their website administrator. AFN’s Privacy Policy applies to use of this Site, and its terms are hereby incorporated and made a part of these Terms of Use. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE, AND UNDERSTAND THAT ANY MESSAGE OR INFORMATION YOU SEND THE SITE MAY BE READ OR INTERCEPTED BY OTHERS. Your Representations and Warranties, and Your Indemnification and Release of AFN: Representations and Warranties. You represent, warrant and covenant to AFN that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms of Use; (ii) Your assent to and performance of Your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) You are able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on You, enforceable in accordance with their Terms of Use; (iv) You will not infringe the patent, copyright, trademark, service mark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of AFN or any third party in Your use of the Site; (v) if You provide information to AFN through the Site, including payment information, all such information is complete, truthful, and accurate; (vi) You are not using, and will not use, the Site or any information contained therein for any improper, harassing, or unlawful purpose; and (vii) You will comply with all applicable laws, rules and regulations in Your use of the Site, including Indemnification. You agree to defend, indemnify and hold harmless AFN, its affiliates, and their respective owners, officers, directors, employees, members, managers, consultants, agents, attorneys, other representatives, and volunteers (“Indemnified Parties”) from any and all claims, demands, lawsuits, liability, damage, diminution in value, losses, costs or expenses (including without limitation, attorney’s fees and other legal costs) (collectively, “Claims”) arising out of, related to, or in connection with: (i) Claims alleging facts or circumstances that would constitute a breach by You of any provision of these Terms of Use; (ii) Your use of this Site and/or any of its content; (iii) any Offerings or other goods or services purchased by You from a Provider You are put in contact with as a result of Your use of the Site or participation in the AFN Network; (iv) any activity related to Your account conducted by You or any other person accessing the Site using Your account; (v) any fraud, intentional misconduct, or gross negligence You commit or cause to be committed; and (vi) Your violation of any applicable laws, regulations, or rules, or of Release. You are solely responsible for Your interactions with any Provider with whom You are connected with through the Site. Accordingly, You hereby release AFN from any and all Claims or liability: (i) related to any Offering, or other services or goods of a Provider with whom You are connected with through the Site, regardless of whether such Offering or other services or goods are advertised or otherwise available through the Site; (ii) any action or inaction by a Provider, including but not limited to, any resulting harm to You caused by the action or inaction by a Provider, a Provider’s violation or failure to comply with any applicable laws, rules, or regulations (including but not limited to any applicable federal, state or local laws, regulations and rules addressing funeral related goods or services and/or federal or state consumer protection of antitrust laws) or a Provider’s failure to abide by the terms of any Offering or other services or goods You purchased from the Provider; (iii) related to one or more Provider’s GPL’s; and (iv) any conduct (including the failure to act), speech or content of any other third-party. Disclaimers, Exclusions and Limitations: As used below in this section, “AFN” refers to AFN and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, and volunteers. DISCLAIMER OF WARRANTIES: THE SITE, ITS CONTENT AND ANY INFORMATION, GOODS, OR SERVICES INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. AFN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY SUCH WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND LACK OF NEGLIGENCE OR WORKMANLIKE WITHOUT LIMITING THE FOREGOING PROVISIONS: (1) YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SITE AND/OR ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND IN OFFERING TO BUY AND BUYING ANY OFFERINGS, GOODS, AND/OR SERVICES FROM ANY THIRD- PARTY PROVIDER WITH WHOM YOU ARE CONNECTED THROUGH THE SITE; (2) AFN MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AND/OR ITS CONTENT OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SITE AND/OR ITS CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED; (3) AFN MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OBTAINED FROM THIRD PARTY SOURCES (INCLUDING BUT NOT LIMITED TO PROVIDER GPL’S AND WRITTEN DISCLOSURES) USED ON OR WITH THE SITE IS ACCURATE, COMPLETE, TIMELY, OR ERROR FREE; (4) YOU RECOGNIZE AND AGREE THAT AFN IS NOT THE PROVIDER OF ANY OFFERINGS, GOODS, OR SERVICES ADVERTISED ON OR AVAILABLE FOR ORDERING THROUGH THE SITE OR OTHERWISE AVAILABLE THROUGH ONE OF THE THIRD-PARTY SERVICE PROVIDERS WITH WHOM YOU MAY BE CONNECTED THROUGH THE SITE, AND FURTHER AGREE THAT ANY WARRANTIES, REPRESENTATIONS, QUALITY, CUSTOMER SERVICE, AND DISPUTES INVOLVING SAID OFFERINGS, GOODS, AND/OR SERVICES ARE BETWEEN YOU AND THE APPLICABLE THIRD-PARTY SERVICE PROVIDER AND WHATEVER CONTRACTS OR AGREEMENTS MAY EXIST BETWEEN YOU AND THE THIRD-PARTY PROVIDER SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL AFN BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER, INCLUDING DAMAGES OR COSTS INCURRED AS A RESULT OF PRIVATE LITIGATION, GOVERNMENT ENFORCEMENT ACTION, LOSS OF TIME, LOSS OF SAVINGS, LOSS OF PROPERTY, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT; (B) OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE; (C) OR UNDER OR IN CONNECTION WITH ANY CONTRACT OR AGREEMENT BETWEEN YOU AND A THIRD-PARTY SERVICE PROVIDER WITH WHOM YOU MAY BE CONNECTED WITH THROUGH THE SITE; (D) OR IN CONNECTION WITH ANY PROVIDER’S GPL OR DISCLOSURES. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY AFN, REGARDLESS OF WHETHER SUCH LOSS OR COSTS WERE FORESEEABLE OR UNFORESEEABLE AND EVEN IF AFN HAS BEEN ADVISED OF THE POSSIBILITY OF THE TOTAL AGGREGATE LIABILITY OF AFN ARISING FROM, RELATED TO OR CONNECTED WITH THE SITE, MATERIALS CONTAINED ON THE SITE, REFERRALS RESULTING FROM THE SITE, OR OFFERINGS, GOODS, AND/OR SERVICES CONTAINED ON THE SITE OR SOLD OR PROVIDED BY THIRD-PARTY PROVIDERS WITH WHOM YOU MAY BE CONNECTED THROUGH THE SITE, SHALL NOT EXCEED THE AMOUNTS YOU PAID AFN AS A SERVICE FEE IN CONNECTION WITH THE SITE AND THE AFN NETWORK. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS A REASONABLE ALLOCATION OF RISK AND THAT SUCH LIMITATION SHALL APPLY TO ANY REMEDY ORDERED BY A COURT, REGARDLESS OF WHETHER SUCH COURT DETERMINES THAT ANY REMEDY PROVIDED FOR HEREUNDER FAILS IN SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED Circumstances Beyond AFN’s Control: Under no circumstances will AFN be liable for failing to perform by the occurrence of any event beyond our reasonable control, including, without limitation, failure by a service provider to perform, a labor disturbance, an Internet outage or interruption of service, a communications outage, fire, terrorism, natural disaster, or war. You agree that AFN may, in its sole discretion and without prior notice, terminate Your access to the Site if AFN determines in its sole discretion that You have violated these Terms of Use. AFN may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with AFN’s rights or property, or a Site visitor’s rights or property. AFN reserves the right to disclose any information it deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for You acknowledge and agree that AFN may preserve any communication by You with AFN through the Site or any service offered on or through the Site, and may disclose such communications when required by law or if AFN deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that the communication, or contents therein, violates the rights of others; or (4) protect the rights, property or personal safety of AFN and its employees, users of or visitors If AFN takes legal action against You as a result of Your violation of these Terms of Use, AFN will be entitled to recover from You, and You agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to AFN. You agree that AFN will not be liable to You or to any third party for termination of Your access to the Site as a result of any Notice and Consent to Receive Electronic Communications: By using this Site and requesting to be connected with a Provider for Your area, You consent to receive electronic communications from AFN, including by email or by a Site posting, and further agree that all such communications satisfy any legal or other requirement that such communication be in writing. You further consent to AFN providing You with any notice required by these Terms and Conditions or regarding the Site by such electronic communications. Electronic notice shall be deemed given if AFN sends it to the email address You provide with Your use account, regardless if You keep such email address updated. AFN reserves the right to limit, in its sole discretion, the provision and quantity of any content, feature, Offering, good or service to any person or geographic area. Any offer for any feature, Offering, good or service made on the Site is void where prohibited. If You choose to access the Site from outside the United States, You are solely responsible for complying with applicable Modification or Termination of the Site: AFN may, in its sole discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Site, temporarily or permanently, Content and Intellectual Property Information: The contents of this Site are the intellectual property of AFN, its affiliates, subsidiaries or third parties who have licensed the materials to us. All content is protected by United States and international copyright, trademark, service mark, trade dress, and other intellectual property laws, and is the exclusive property of AFN, who reserves all rights, title, and interests thereto. AFN; AFFORDABLE FUNERALS NETWORK; and the AFN logo are trademarks and service marks of AFN, and may not be used by You without our written permission. All other trademarks or service marks of third parties that may appear on our Site are the property of their This website or its contents may not be copied, reproduced, distributed, or transmitted in any way without AFN’s prior written consent. As a user of the Site, You may download one copy of the contents on this Site for personal, non-commercial use provided that You do not alter, modify, or attempt to alter or modify the contents in any way, or alter or delete any copyright or trademark notice. All content on this Site shall be used for lawful purposes only. Digital Millennium Copyright Notice and Other Reports of Infringement: Pursuant to 17 U.S.C. § 512(c)(2) (“Digital Millennium Copyright Act of 1998”), You may contact AFN to report the infringement of any intellectual property right on the Site through D’Ivory Hampton 6137 Crawfordsville Road Suite F PMB, #344 Speedway, IN 46224 317-744-9468 info@afnfunerals.com Please contact AFN directly if You wish to request a license to use any Site content. Jurisdiction, Applicable Law and Arbitration/Dispute Resolution: These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of Indiana, without regard to any provision governing conflicts of law. Any dispute arising out of, relating to, or connected with these Terms of Use or Your use of the Site shall be brought before the federal or state courts located in the State of Indiana. By using the Site, You expressly consent to the personal jurisdiction and venue of such courts and waive any challenge thereto. Any controversy, claim, or other dispute between You and AFN arising out of or relating to these Terms of Use, including but not limited to Your use of the Site, including any claim that these Terms of Use or any part thereof are invalid, illegal or otherwise voidable or void, and any dispute regarding arbitrability, shall be submitted to final and binding arbitration before, and in accordance with, the Commercial Rules of the American Arbitration Association (“AAA”), and judgment upon the award may be entered in any court having jurisdiction thereof. The substantive laws of the State of Indiana shall be applied by the arbitrators, without regard to any provision governing conflicts of law. This arbitration provision shall be deemed self-executing, and if either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding their failure to appear. In the event arbitration is demanded, such arbitration shall be conducted by the AAA at its offices in Indianapolis, Indiana. If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect. These Terms of Use constitute the entire agreement between You and AFN with regard to Your access and use of the Site and AFN’s services, including but not limited to Your contracting with or otherwise conducting business with any third-party service provider You are connected with through the Site. No counter-offers to these Terms of Use shall be accepted by AFN, and AFN Any failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that AFN has to enforce these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties. Updated by AFN on January 1, 2016.