The following User Agreement ("Agreement") governs the use of the Funeral Home Manager web service ("the FHM service"), as provided by Tekfuse ("Service Provider"). Please read the rules contained in this Agreement carefully. You can access this Agreement at any time by clicking on "User Agreement"at the bottom of every page of www.fhmanager.com website. If you cannot agree with these rules, please do not register for this service.

Services

(a) Registering for the FHM service provides registered Users (each a "User") with a website package with the following limitations:
- the User's website can be created, modified and previewed using the FHM service ONLY;

(b) FHM Services and Technology: You will be able to use the proprietary and licensed technology incorporated in the FHM Service to build and maintain your Website ("User Website").

Payment Terms

The users subscribes to the FHM service on a month-to-month basis, and the user can cancel the subscription at anytime, but will not be refunded any payments already made to Service Provider. All subscription payments are handled through a third party service provider, PayPal. Upon the user?s cancellation of the subscription, all information shall be deleted. Service Provider is not responsible for any damages to you or your business in the event you decide to cancel your subscription and Service Provider deletes your information.

Changes to the Terms and Conditions

Service Provider may, at any time, with notice of not less than thirty (30) days, change its rates, fees and change the terms of this Agreement. Except for the addition of new tools and services, Service Provider will also give reasonable notice before any modification of the then-current FHM Service that could change your User Website. Service Provider will announce changes to our rates, fees and charges by posting them in the Pricing section of the FHM website ("www.fhmanager.com"). Service Provider may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the FHM Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in the "Term/Termination" section. Your use of the FHM Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the FHM Service, and its pricing.

Term/Termination

(a) Term. This agreement shall be effective immediately when you click on the "Register!" button on the Registration page on the Funeral Home Manager website (www.fhmanager.com/fhregister.cfm).

(b) Termination by Service Provider.
(i) Service Provider may at any time without notice to you discontinue any or all aspects of the FHM Service or restrict your use of the FHM Service in whole or in part for any breach of this Agreement by you; or if Service Provider determines in its sole and exclusive judgment that terminating your use of the FHM Service is necessary for security reasons or for proper continued operation of the FHM Service; or your use of the FHM Service is not for legitimate business purposes, or your use of the FHM Service violates any laws or regulation; or if Service Provider receives information that your use of the FHM Service (or any part thereof) may violate any third-party right.
(ii) Service Provider may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the FHM Service or restrict your use of the FHM Service in whole or in part for Service Provider's convenience.
(iii) Service Provider may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the FHM Service if the credit card number you provide Service Provider expires, or if Service Provider is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Service Provider hereunder.
(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Service Provider terminates this Agreement or suspends your access to the FHM Service, you will remain liable for the full charge for the period during which we terminate or suspend your FHM Service. Following such termination or suspension, you agree not to reregister for or otherwise access the FHM Services without Service Provider's prior written approval. Service Provider reserves the right to delete any data files associated with your use of the FHM Service upon termination of this Agreement.

(c) Termination by You. You may terminate this Agreement at any time, by canceling your subscription through our third party service provider, PayPal.

Indemnification

You agree to indemnify Service Provider and hold Service Provider harmless against any and all liabilities, costs, and expenses, including reasonable attorney's fees related to or arising from:

(i) your use of the FHM Service in a way that is prohibited or restricted under this Agreement;
(ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your User Website;
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libelous material posted on your User Website.

Reporting Violations

Service Provider does not actively monitor the content of User Websites but will investigate complaints of a violation of third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Service Provider Policy.

Proprietary Rights

As between the parties, Service Provider acknowledges that it claims no proprietary rights in User's Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that Service Provider and its licensors own all right, title, and interest in:

(a) the FHM Service;

(b) all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the FHM Service (collectively " Service Provider Content"), excluding all User Information.

USE OF PASSWORD

You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your subscriber ID and password.

COPYRIGHT:

You are responsible for ensuring that any material you provide to the Site including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party of is posted with the permission of the owner(s) of such rights.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE Site IS PROVIDED "AS IS", AND SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.

THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

FORCE MAJEURE

Service Provider shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.

If you don't agree to the terms contained in this Agreement, please do not register for this service.