TULIP CREMATION TERMS AND CONDITIONS (“TERMS”)
Last Revised: December 15, 2018
Thank you for visiting www.tulipcremation.com (the “Site”). This Site is owned and operated by Tulip Cremation Inc. (“Tulip,” “we,” “us,” or “our”). We are honored you have chosen Tulip to assist you in this difficult time. Please read our Terms carefully before using our Site. As we place a high value on our relationship with you, we have tried to make these Terms as clear as possible. For your convenience, here is a short non-binding summary followed by the full legal Terms.
|Site Use Generally||These are the basic rules you must follow when using the Site.|
|Privacy and Your Personal Information||This is a summary of how we collect and use your personal information.|
|Intellectual Property Notice||This describes Tulip's rights in the Site.|
|Disclaimer of Warranties||We provide our Site as is, and we make no promises or guarantees about this Site.|
|Limitation of Liability||We will not be liable for damages or losses arising from your use or inability to use the Site or otherwise arising under these Terms.|
|Release and Indemnification||You are fully responsible for your use of the Site.|
|Dispute Resolution||This describes Tulip's dispute resolution policy should a dispute arise.|
|Termination||This section describes when Tulip may terminate your access to the Site.|
|Miscellaneous||Please see this section for legal details including our choice of law.|
|Contact Us||This provides information on how to contact us.|
SITE USE GENERALLY
We have a few simple rules regarding how to use this Site:
PRIVACY AND YOUR PERSONAL INFORMATION
INTELLECTUAL PROPERTY RIGHTS
Using the Site does not give you ownership of any intellectual property rights in our Site or the content you access. You may not use content from our Site unless you obtain permission from Tulip (and the owner of the content if it is not owned by Tulip) or are otherwise permitted by law. These Terms do not grant you the right to use any branding, logos, trademarks, photos, videos, design elements, or other intellectual property used in our Site. We reserve all rights that are not expressly granted to you under these Terms or by law. Don’t remove, obscure, or alter any legal notices displayed in or along with our Site. All content used on the Site that is not owned by Tulip is used with permission.
DISCLAIMER OF WARRANTIES
Tulip provides the Site “as is” and “as available,” with no warranty of any kind. To the fullest extent permissible under applicable law, we expressly disclaim all warranties, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
We make no representation or warranty whatsoever regarding the completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of this site or the content or services provided on, or accessible from, this site. We do not warrant that the operation of this site will be uninterrupted or error-free, or that this site is free from viruses and other harmful components to equipment or software.
We use reasonable efforts to include accurate and current information on our Site, but we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown.
We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section below.
LIMITATION OF LIABILITY
In no event will we be liable, nor do we assume responsibility, for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use this Site (or the content or services provided on, or accessible from, this Site), or otherwise, even if we are advised of the possibility of such damages.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on our part.
The following Arbitration Agreement contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Tulip that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Tulip, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Tulip should be sent to: 599 2nd Street, San Francisco, California 94104. After the Notice is received, you and Tulip may attempt to resolve the claim or dispute informally. If you and Tulip do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance- based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Tulip made to you prior to the initiation of arbitration, Tulip will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Tulip pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Tulip, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Tulip.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Tulip in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TULIP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity. Tulip reserves the right to refuse service to anyone for any reason at any time.
Entire Agreement. These Terms and any other policies posted on the Site constitute the entire agreement and supersede all other agreements between Tulip and you relating to this subject matter.
Governing Law and Jurisdiction. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO, CALIFORNIA, USA; YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
No Third Party Beneficiaries. These terms control the relationship between Tulip and you. They do not create any third party beneficiary rights.
No Waiver. If you do not comply with these terms, and we don’t take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
Changes to these Terms. We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. When we do, we will give you notice of the revised Terms by posting the revised Terms on the Site and by revising the “last revised” date at the top of this page.
If you have any questions or comments, please feel free to reach out to us at:
Tulip Cremation, Inc.
599 2nd Street
San Francisco, California 94107