WEB SITE TERMS AND CONDITIONS
The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at http://www.aftercareplanning.com (the “Site”). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. This Site is controlled and operated from within the United States and use of this Site is limited to residents of the U.S. Without limiting anything else, Our Cemeteries makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on, available from, or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright and patent law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, look and feel attributes, and other intellectual property) are © 2009 Stonemor Partners L.P. All rights reserved. Stonemor Partners L.P. (“Our Cemeteries”) also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of Our Cemeteries, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Our Cemeteries, without Our Cemeteries advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Our Cemeteries or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Third Party Materials, Products and Services
This Site may, from time to time, contain links to other Web sites for the convenience of users in locating information, products, or services that may be of interest. Our Cemeteries expressly disclaims any and all responsibility for the content, the accuracy of the information, or the products or services provided by or advertised on these third-party sites or the transactions you conduct or enter into on these third party sites.
3. Communications With The Site
Our Cemeteries welcomes your feedback and suggestions about how to improve our information, services, products, and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to Our Cemeteries, you automatically grant Our Cemeteries the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Our Cemeteries is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
4. Privacy Statement
Our Cemeteries has a Privacy Statement setting out Our Cemeteries’s online information gathering and dissemination practices with respect to the Site. Click here to view the <Privacy Statement> which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
5. Nature of the Internet
Our Cemeteries has implemented security features designed to prevent the unauthorized release of or access to personal information, including Secure Socket Layering. Please be advised, however, that given the nature of the Internet, the transmission of any communication or material to Our Cemeteries via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating via the Internet or electronic mail, Our Cemeteries can be contacted by regular mail or by phone.
6. Disclaimer of Warranty and Liability
For any products purchased through this Site, the warranties applicable to the particular product shall apply, which may be obtained from Our Cemeteries.
WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, AND INFORMATION OFFERED IN CONNECTION THEREWITH, OUR CEMETERIES MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR CEMETERIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION AND PRODUCTS OFFERED IN CONNECTION THEREWITH. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF OUR CEMETERIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
7. Corrections and Changes
Our Cemeteries endeavors to keep the Site and Site Materials up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Our Cemeteries is not responsible for any errors or omissions in the Site or Site Materials. Our Cemeteries may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Our Cemeteries makes no commitment to update the information contained on or in this Site. Our Cemeteries reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
8. Indemnification
You agree to defend, indemnify, and hold harmless Our Cemeteries, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
9. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Our Cemeteries nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Given the nature of the Internet, the transmission of any communication or material to Our Cemeteries via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating via the Internet or electronic mail, Our Cemeteries can be contacted by regular mail or by phone.
10. Complaint Procedure
If you believe that any content on the Site violate your intellectual property or other rights, please send Our Cemeteries a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
11. Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and Our Cemeteries with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
12. State Contract Disclosure
Alabama.
1. The following section that must be included on the face on The Agreement regarding vault sales, which includes spaces for all purchasers to initial to indicate their choices.
Vault Election
I elect to have my Vault installed prior to need with Stonemor Alabama responsible for repair and/or replacement through the time of burial.
I elect not to have my Vault installed prior to need.
2. Perpetual Care: “Seller shall deposit (1) Fifteen percent (15%) of the sales price of each Interment or Lawn Crypt space; (2) five percent (5%) of the sale price of each Mausoleum of Niche space; and (3) one hundred percent (100%) received for special care funds, gifts, grants, contribution devices or bequests.
3. Merchandise and Services Trust: In order to assure the performance of the Agreement by the Seller and in order to guarantee the delivery and installation of the Burial Vault(s) and Granite Base(s) purchased hereunder, Seller agrees that it will set aside and place into a Merchandise and Services Trust Fund in a federally insured account in a financial institution (state or national bank, trust company or savings and loan association) licensed to do business in the state of Alabama sufficient money to guarantee delivery of those items and services unless Seller has furnished a surety bond acceptable to the Insurance Commissioner for the state of Alabama as required by applicable law. Subject to applicable law, the amounts placed in said Merchandise and Services Trust Fund shall equal (1) One hundred ten percent (110%) of the wholesale cost of cemetery merchandise; (2) Sixty percent (60%) of the purchase price specified for outer burial containers; (3) Sixty percent (60%) of the purchase price specified for cemetery services; and (4) One hundred percent (100%) of the purchase price specified for all cash advance items sold and shall be administered according to the terms of the Merchandise and Services Trust Fund agreement. Seller shall be entitled to all trust funds on deposit including income, even though in excess of the cost of Cemetery services and merchandise at the time of the Purchaser’s of beneficiary’s death.
4. The follow disclosure form needs to be signed by every customer who purchases a vault.
California.
1. For more information on funeral, cemetery and crematory matters contact: Department of Consumer Affairs, Cemetery and Funeral Bureau, 1625 North Market Boulevard, Suite S-208, Sacramento, CA 95834. 916.574.7870, www.cfb.ca.gov
2. “You, the purchaser, may cancel this transaction at any time prior to midnight of the fifth calendar day after the date of this transaction, provided no interment or substantial service or merchandise has been provided hereunder. To cancel, deliver or mail written notice of you intent to cemetery at cemetery address.”
Colorado.
1. “Preneed contracts are not insurance; however, preneed contracts and contract sellers are subject to regulation by the Colorado Division of Insurance. This preneed contract is funded by trust deposits as required by Colorado law.”
2. Principal office of the preneed contract seller, Olinger’s Evergreen Cemetery, 200 East 168th Ave, Broomfield, CO 80020. Grand Junction Memorial Gardens, 2970 North Ave, Grand Junction, CO 81504.
3. Cancellation Provisions.
a. Within the first seven days of the Purchaser’s signature to this preneed contract, the Purchaser may provide the Seller with written notice of cancellation. The Seller shall forward a one hundred percent refund to the Purchaser within ten calendar days of receipt of the written cancellation.
b. Notwithstanding any other provisions of this preneed contract (and subject to any request and consent of the Purchaser and agreement by Seller to make this preneed contract irrevocable,) (1) the Purchaser may cancel this preneed contract at any time after the first seven days of the Purchaser’s signature to this preneed contract and obtain return of the consideration paid (except for services performed and merchandise delivered,) to be made to the Purchaser, the Purchaser’s heirs, assigns or duly authorized representatives in a timely manner, not to exceed thirty days after the date of the request for return of consideration in lieu of performance, and not to exceed forty five days after the date of request for return of consideration in case of default or cancellation; (2) in the case of the death of the contract beneficiary, the Purchaser or, if the Purchaser is deceased, such Purchaser’s heirs’ assigns, or duly authorized representatives are entitled to a full return of consideration instead of performance by the Seller (except for services performed and merchandise delivered;) (3) in case of default or cancellation, to the extent this preneed contract has not been performed, the Seller shall be entitled to retain as liquidated damages the lesser of the funds received or fifteen percent of the total preneed contract price (such liquidated damages are deemed to be the reasonable value of administrative and sales costs incurred.) The Seller nevertheless has the right to perform under this preneed contract if the heirs, assigns, or duly authorized representatives of the preneed contract beneficiary have not cancelled this preneed contract within one hundred sixty eight (168) hours after the death of the preneed contract beneficiary, or if previously authorized to perform prior to such one hundred sixty eight hours.
4. “The Seller is the provider of the services to be performed and/or merchandise to be provided as stated in this preneed contract. The preneed Seller guarantees to fully perform such services and provide such merchandise for the prices specified in this preneed contract, except for cash advances. The Seller is responsible for furnishing the merchandise and services expressed in this preneed contract unless the Purchaser is in default or the contract is cancelled.”
Georgia.
1. The Goods and Services which are checked below are not included in this Agreement but will be required at the time of need and the Seller’s current price for such items are noted below. 1. Burial Right .2 Vault 3. Interment/Entombment Services Fee Prices for these items may be expected to increase in the future.
2. FUNDS REQUIRED TO BE PLACED IN PERPETUAL CARE TRUST AND PRENEED ESCROW ACCOUNT
Certain funds of the Agreement may be required to be placed in a Perpetual Care Trust or a Preneed Escrow Account.
The amount of funds from this Agreement to be placed into the Perpetual Care Trust fund is 15% of the sale price of the burial rights or 7.5% of the sales price of the mausoleum or niche rights. The amount of funds from this Agreement to be escrowed are 35% of the sale price of Vaults, Memorials and Granite Bases, and 100% of the sale price of Installations, Caskets and Interment Fees.
3. IF YOU HAVE ANY COMPLAINTS ABOUT THIS CONTRACT OR THIS TRANSACTION OF HAVE QUESTIONS ABOUT THE LAW GOVERNING THIS TRANSACTION, YOU MAY CONTACT THE OFFICE OF THE GEORGIA SECRETARY OF STATE AT 404.656.3920.
Illinois.
1. “The Seller will explain to the Purchaser the terms of this pre-need contract prior to the Purchaser signing the agreement. ”
2. “The contract will authorize the placement of merchandise at the site of its ultimate use prior to the time that the merchandise is needed by the beneficiary. The contract authorizes the delivery of merchandise to a licensed and bonded warehouse for storage of the merchandise until the merchandise is needed by the beneficiary. Delivery of the merchandise in either manner may preclude refund of sale proceeds that are attributable to the delivered merchandise.
3. “Notwithstanding anything in the contract to the contrary, you are afforded certain specific rights of cancellation and refund under the Illinois Pre-need Cemetery Sales Act, enacted by the 84th General Assembly of the State of Illinois and/or Illinois Funeral or Burial Funds Act.”
4. Illinois require that two consumer guides be given to consumers before any contract is signed: a) CONSUMER GUIDE-Funeral & Burial Purchases ; and b) CONSUMER GUIDE-Pre-Need Cemetery Sales
5. “This contract guarantees the beneficiary the specific goods, services, interment spaces, entombment spaces, and inurnment spaces contracted for. No additional charges may be required for designated goods, services and spaces. Additional charges may be incurred for unexpected expenses including, but not limited to, cash advances, shipping of remains from a distant place or designated honoraria ordered or directed by survivors.”
Indiana.
1. “If this contract is for the purchase of a burial space(s), the rights and interests of the owner in the burial space(s) are subject to termination according to IC 23-14-58.5 provided the burial space(s) has remained unused for a period of a least fifty (50) years from the date of sale or last recorded designation or transfer, and there are no improvements on the burial space(s), including the placement of a monument, memorial or other permanent appurtenance.”
2. In addition to the cemetery name, address and phone number, we must also disclose the cemetery’s specific license number.
3. The vault is not airtight and watertight.
Iowa.
1. The company will set aside twenty percent (20%) of the amount paid for burial rights in an irrevocable Perpetual Care Trust Fund, as required by applicable law. Deposits to the Perpetual Care Trust Fund will be deposited on an allocable basis as payments are made and cannot be withdrawn even in the event of cancellation. Company shall use the net income of this Trust Fund solely for the care and maintenance of the cemetery, for the reasonable cost of administering the care and maintenance, and for the reasonable cost of administering the Trust Fund and such other purpose as may be allowed or required by applicable law.
2. This agreement is subject to the rules administered by the Iowa Insurance Division. You may call the Insurance Division at (515) 281-4441. Written inquiries or complaints should be mailed to the Iowa Securities and Regulated Industries Bureau, 330 Maple Street, Des Moines, Iowa 50319.
3. “Coverage under a surety bond in the amount of $4,000,000 has been purchased from Aon Risk Services Southwest, Inc., 1330 Post Oak Blvd., Suite 900, Houston, TX 77056 to fund your purchase. For your protection, you have the right to request in writing confirmation that the surety bond has been issued as required by law. If you do not receive confirmation of coverage within 60 days of your request, you may report this fact to the Iowa Division of Insurance at 330 Maple Street, Des Moines, Iowa 50319. Seller reserves the right to change the amount and issuer of the surety bond in accordance with applicable law. In lieu of a surety bond, Seller may set aside and place into a Merchandise Trust Fund sufficient money to guarantee delivery of the cemetery goods and services as required by applicable law.”
4. The purchase agreement is a guaranteed price agreement.
Kansas.
- If Purchaser permanently moves to another state in the United States, Purchaser may direct that the cemetery merchandise, so long as the same is not a part of nor affixed to real estate, be delivered to a cemetery in the state of the Purchaser’s residence, except that the Purchaser shall be required to pay the additional transportation costs which exceed those Seller would have incurred to provide and deliver the merchandise to Seller’s cemetery; or if Purchaser has permanently changed residence to a place more than 150 miles from Seller’s cemetery, Purchaser may cancel this Agreement to the extent it pertains to undelivered cemetery merchandise upon written notice to the Seller, and the Trustee, after deducting this Agreement’s share of applicable costs and taxes provided for in K.S.A. 16-322, shall pay to Purchaser 85% of the funds held in trust for cemetery merchandise under this Agreement, with the balance to be paid to Seller. Trust funds required to be maintained by Seller for prearranged services and/or merchandise under Kansas law shall be pursuant to a trust indenture or indentures with a bank, trust company or savings and loan association having trust powers.
Kentucky.
1. If the contract is for the sale of burial rights, include this disclosure. If Burial Rights Certificate to be printed in Name(s) other than Purchasers’, those Name(s) will appear on contract.
Maryland.
1. Purchaser has the right to contact the Maryland Office of Cemetery Oversight with any complaints, comments or questions arising under this Agreement. The Maryland Office of Cemetery Oversight is located at 500 Calvert Street, Baltimore, MD 21202-3651. The Director of the Maryland Office of Cemetery Oversight can be reached by telephone at 410.230.6229.
2. By executing this Agreement, Purchaser also acknowledges receipt of the disclosures required by Sec. 5-710 of the Maryland Cemetery Act both orally and in writing. (MD (Bus. Reg.) Code Ann. 5-710.)
3. The cemetery is a perpetual care cemetery.
4. The following Goods and Services which are checked below are not included in this Agreement but will be required at the time of need. Burial Right, Vault, Opening and Closing Services Fee Casket
5. Purchaser may contact the Responsible Party at the Cemetery phone number listed above with any questions for the Company with regard to any matter set forth in this Agreement.
6. This Agreement provides for the delivery of goods and services prior to the time of need. In accordance with Maryland Law, finance charges will not be imposed; provided, however, that finance charges may be imposed for goods and/or services delivered or performed on a preneed basis.
7. THE ARBITRATION PROVISIONS ABOVE DO NOT REPLACE THE COMPLAINT PROCEDURES OTHERWISE AVAILABLE TO ANY PURCHASER THROUGH THE MARYLAND OFFICE OF CEMETERY OVERSIGHT.
Michigan.
1. “The Purchaser may revoke this prepaid contract within 10 business days after entering into this prepaid contract and that upon revocation, all funds paid to the contract seller or provider shall be refunded.”
2. The provider who has agreed to furnish the merchandise or funeral or cemetery services specified in this contract upon the death of the contract beneficiary is the prepaid contract Seller of this contract. This contract is a prepaid contract only to the extent defined by the Michigan Prepaid Funeral and Cemetery Sales Act. The Purchaser hereby waives the right to be furnished annually a statement indicating the current balance, the fees or expenses charged since the last statement, the amount of the refund to which the Purchaser is entitled in the event this contract is cancelled, and the name and address of the escrow agent from whom additional information may be obtained relative to the escrow account (the cost of such statements would be paid from the income of the escrow account.) Escrow funds may be invested in accordance with the Michigan estates and protected individuals code. The Purchaser of this prepaid contract may designate a new contract beneficiary any time before the death of the contract beneficiary originally specified in this prepaid contract by providing written notice to the Seller.
Notwithstanding any other provisions of this Agreement, the following shall apply: This prepaid contract may be cancelled either before death or after death by the buyer, or if the buyer is deceased, by the person or persons legally authorized to make funeral or cemetery arrangements. If the contract is cancelled, the buyer or the buyer’s estate is entitled to receive a refund of the percentage of the prepaid contract price in accordance with MCL 328.233(1) or (2), as appropriate, and any income as required by law. After the death of the contract beneficiary, the Purchaser or the Purchaser’s estate may cancel this prepaid contract only where there are no remains of the deceased, where the remains of the deceased cannot be recovered, or where this prepaid contract was not utilized due to lack of knowledge by the person or persons entitled to make funeral arrangements of the existence of this prepaid contract. The Seller may cancel this prepaid contract only if the Purchaser is more than 90 days delinquent in making any installment payment or partial payment, or the Purchaser is otherwise in default as to any other obligation under this contract. Upon cancellation, the contract buyer shall receive a refund as determined pursuant to MCL 328.223(1) or (2), as appropriate.
3. “This paragraph constitutes the Purchaser’s separate written authorization for a burial vault(s) purchased hereunder to be installed preneed as provided in or permitted by this agreement.”
Missouri.
1. “Within thirty days of Purchaser’s receipt of this executed Agreement, Purchaser may cancel the portion of this Agreement that includes Chapter 436 Merchandise without cause by delivering written notice thereof to the Seller at Seller’s address set forth above and receive a full refund of all payments made on this Agreement for Chapter 436 Merchandise.”
2. “The Cemetery is an endowed care cemetery. It has established and maintains an endowed care fund as required by law at Regions Bank, 10805 Sunset Office Drive – Suite 300, Sunset Hills, Missouri 63127, as Trustee, and information regarding the fund is available to Purchaser as provided by applicable law.”
3. Chapter 436 Trusts: With regard to payments from Purchaser applied to the preneed purchase of Vault(s), Casket(s) and/or Urn(s), Seller shall retain 20% of each such payments its own money, as permitted by R.S.Mo. 436.027, and Seller shall deposit the remaining 80% of such payment into the preneed trust governed by the Seller’s Preneed Trust Agreement maintained by Regions Bank, 10805 Sunset Office Drive – Suite 300, Sunset Hills, Missouri 63127, as the Trustee. The terms and conditions of the trust agreement between the Trustor and the Trustee are controlling as to the investment of the trust funds, and the Seller reserves the right to designate and change the Trustee. The 20% of Purchaser payments retained by Seller as its own money shall be for the purpose of covering its selling expenses, servicing costs and general overhead.”
4. “Purchaser hereby gives written instruction that performance of interment, entombment and/or inurnment cemetery services purchased before the time of need may be deferred by Cemetery until a preneed or at-need date(s) selected by Cemetery. Seller agrees to deposit the amount required by R.S.Mo. 214.387 into a trust account for any such deferred performance.”
5. “Purchaser hereby gives written instruction that delivery of Bronze Memorial(s) and/or Monument(s) purchased before the time of need may be deferred by Cemetery until a preneed or at-need date(s) selected by Cemetery. Seller agrees to deposit the amount required by R.S.Mo. 214.387 into a segregated account for any such deferred delivery.”
Oregon.
1. “This cemetery is an endowed care cemetery.” “Endowment care means the general care and maintenance of all developed portions of the cemetery and memorial erected thereon.”
2. “This facility is licensed by the Oregon State Mortuary and Cemetery Board.”
3. “The agreement is a guaranteed contract, meaning that the Agreement guarantees the beneficiary that no charges other than the sales prices contained in the contract shall be required upon delivery or performance of the specific undeveloped space or spaces or funeral and cemetery merchandise or funeral and cemetery services in the agreement. Because the Agreement is a guaranteed contract, the certified seller may retain 10% of the sales price or other amount as may be provided by Oregon law.”
4. “The Purchaser may cancel a prearrangement sale contract within five (5) days and receive a full money back refund.”
Tennessee.
1. This cemetery is regulated by the State of Tennessee Department of Commerce and Insurance Burial Services Section. The Purchaser or the Purchaser’s designated legal agent has the right upon request to access the cemetery’s records relating to the Purchaser’s interment right or interment site. Within ninety (90) days of the receipt of the final payment on the purchase contract for any interment right, the Purchaser shall receive from the cemetery company proof of ownership of said interment right. The Purchaser, at the Purchaser’s own cost, may record a copy of such proof of ownership with the register of deeds for the county in which the cemetery is located.
Virginia.
1. Locate near the bottom of the contract in 10 point bold typeface: The Cemetery Board of the Department of Professional and Occupational Regulation is the regulatory agency which handles consumer complaints against cemetery operators. The address is 3600 W. Broad Street, Richmond, VA 23230, Phone: 804-367-2039 or E-mail: cemetery@dpor.state.va.us.
2. IN ACCORDANCE WITH SECTION 54.1-2325 OF THE VIRGINIA CODE, FOR FUNDS REQUIRED TO BE DEPOSITED INTO A MERCHANDISE TRUST FUND, THE SELLER SHALL PLACE FORTY PERCENT (40%) OF THE AMOUNT RECEIVED FOR PRENEED BURIAL CONTRACT ITEMS INTO SAID FUND. THE PRENEED BURIAL CONTRACT REQUIRES THE PLACEMENT IN T RUST OF A MINIMUM OF FORTY PERCENT (40%) OF THE FUNDS INCLUDED IN THIS CONTRACT FOR THOSE ITEMS. THE BALANCE OF THE FUNDS MAY BE USED FOR CARE AND MAINTENANCE OF THE CEMETERY AND ARE NOT REQUIRED TO BE PLACED IN TRUST.
3. The Purchaser shall have the right to change the contract provider for any merchandise purchased at any time prior to furnishing of said merchandise provided that the Purchaser shall pay to the Seller an additional amount which shall constitute the difference in cost between the Seller’s original preneed price and the prevailing price at the time the Purchaser makes the decision to exercise the right.
Washington.
1. “DISCLOSURE OF MULTIPLE INTERMENT. State law provides that “multiple interment” means two or more noncremated human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with the ground level surface the same size as a single grave or right of interment.”
2. Although it is not a specific disclosure, in Washington the care funds are referred to as Endowment Care Funds. It is a violation to refer to them as “perpetual.” So, anything on the website or contract that refers to perpetual care needs to be changed to endowment care.
3. “The Seller shall have the option, but not the obligation, to order and install the Burial Vault(s) at any time on behalf of the Purchaser, which shall constitute delivery of the same for purposes of State law.”
4. “Either installation of the Bronze Memorial or Monument at the cemetery, storage of the same at the cemetery or storage of the same at the manufacturer shall constitute delivery.”
5. Prearrangement Trust Fund. In order to assure performance of this Agreement by Seller and in order to guarantee the delivery and installation of the prearranged cemetery merchandise and services purchased hereunder, Seller agrees that it will set aside and place into a Prearrangement Trust Fund sufficient money to guarantee delivery of those items and services as required by applicable law. The amount placed in said Prearrangement Trust Fund shall be administered according to the terms of the Prearrangement Trust Fund agreement and applicable law. The Seller shall deposit into the Prearrangement Trust Fund fifty percent (50%) of the contract price for prearrangement merchandise and services as cash is received, such that fifty percent (50%) of each payment for prearrangement merchandise and services will be deposited into the trust.”
13. Miscellany
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The waiver or failure of Our Cemeteries to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of Our Cemeteries to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.