January 2025 - Blog - Barnes Friederich Funeral Home

We are committed to improving and maintaining a website that is accessible to the widest possible audience, regardless of technology or ability. If you experience any difficulty in accessing any part of this website, please feel free to call our website provider at 844-200-6020 or email them at websites@tributetech.com, or contact us directly. Note that our efforts are ongoing, and we are committed to providing the information, item, or transaction you seek through an alternate communication method that is accessible for you.

Tribute Technology Terms of Use

Last Updated: June 4, 2025

These Terms of Use, together with the Tribute Technology Privacy Policy, (collectively, the “Terms”) set forth the terms and conditions that apply to your access and use of the website of Tribute Technology (https://www.tributetech.com) and our associated services, including our services that are available through the websites of our client funeral homes and other funeral professionals (each, a “Client”) and any other websites where we link to these Terms (together, the “Sites”), whether as a Client, end user or customer of a Client, or otherwise. Our services available through such Sites are referred to herein collectively as the “Services.” Certain Services accessible through the Sites may have their own terms and conditions that apply to your use of those particular Services. These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the applicable entity referred to in Section 13 of these Terms (“Tribute Technology,” “we,” “us” and “our”) concerning your access to and use of the Services.By using or accessing the Services, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below. If you do not agree to the following Terms, do not access or use the Services.

Notice of Binding Arbitration.

These Terms provide that all disputes between you and us that in any way relate to these Terms or your use of the Services will be resolved through an escalating alternative dispute resolution process culminating, if necessary, in final and binding arbitration. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section 12 below entitled “Dispute Resolution Process” for the details regarding your agreement to arbitrate any disputes with us.

1. Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.

2. Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from us for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at websites@tributetech.com.

3. Your Use of the Services and Prohibited Conduct. You are granted a limited, non-exclusive, revocable right to access and use the Services solely for your personal or non-commercial use; provided, that if you are a Client, your commercial use in connection with your Site is permitted for your business. Except for the limited right expressly granted to you in these Terms, we and our licensors expressly reserve all other rights and licenses to the Services and their content. You agree not to:

Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate the rights of third parties, including intellectual property rights;
Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate, or that violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity;
Interfere in any way with, bypass or attempt to bypass any security-related features of the Services;
Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
Deep-link to any feature or content on the Services, or access, monitor or copy any content or information of the Services using any robot, spider, scraper, crawler or other automated means or any manual process for any purpose without our express written permission;
Use, reproduce, modify, distribute or store any part of the Services (including obituaries, event information, or other content) for any purpose without our prior written permission;
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business; or
Sell or otherwise transfer the access granted herein.

4. Third Party Content. The Services may contain links to third party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

5. Intellectual Property. You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video or image, or post or submit other content (together, “Content”) to us or via the Services, including to any website of any funeral home or other funeral professionals provided by us, such Content will be shared with and stored by us and our affiliates and partners, including but not limited to Tribute Archive (tributearchive.com), and may also be used in connection with other products and services provided by us and our affiliates and partners in connection with the Sites, including products such as Tribute Book. With respect to any images or videos that you post or provide in connection with the Services, you represent and warrant that you have secured the permission of any living persons depicted therein to (i) post them, and (ii) the use of such Content as set out in these Terms. You hereby grant to us and our agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, funeral homes or other funeral professionals that are our Clients, and those acting with authority of the foregoing (collectively, “Applicable Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable, and sublicensable right and license to use, share, reproduce, distribute, sell, prepare derivative works of, excerpt, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, create algorithms based on, modify, and/or transcode such Content in any and all formats and through any and all means and channels, including without limitation through downloading technologies, on the internet, and in publications and advertisements. You also hereby irrevocably waive, as against the Applicable Parties, all moral rights and rights of restraint in such Content. The license, consent, and release herein are binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.

Except for Content, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, music and other materials contained on or comprising the Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Sites and Services, and the software comprising and/or embodying the foregoing (collectively, “Our Materials”), are owned, controlled, or licensed by or to us, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Services gives you no ownership rights in Our Materials.

We, or third parties from whom we have permission, own the trademarks and service marks that are used in the Services. All rights are reserved by us and said third parties, and no implied rights are granted to you or any third parties. These and our other graphics, logos, service marks, trademarks, and trade dress, as well as those of our licensors, may not be used without prior written consent of us or our licensor, as the case may be. Without limiting the foregoing, none of our trademarks or trade dress may be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

You grant us a perpetual, royalty free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know how, or techniques that you submit about the Services or Our Materials for any purpose (including, without limitation, commercialization) and without compensation to you.

6. User Content. You represent and warrant that you own or otherwise have the rights, licenses, consents and permissions necessary to provide us the Content you provide in connection with the Services. If you believe that your Content or any other material posted in connection with the Services has been used in a way that constitutes copyright infringement, please notify us following the procedures set forth in this Section.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to our designated Copyright Agent, identified below.

Notices of Alleged Infringement:

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Please deliver this Notice, with all items completed, to our designated Copyright Agent at the following address:

Copyright Agent

c/o Tribute Technology

P.O. Box 620036

Middleton, WI 53562

Phone: 866-303-1880

Email: copyright@tributetech.com

We have adopted and implement a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of us or others.

Please note that with respect to all Content and other materials that may from time to time appear on any website of a Client that utilizes our Services, we are entitled to rely upon (among other things) the Digital Millennium Copyright Act safe harbor available to hosting service providers and others. Although it is our policy to respond to clear Notices of alleged copyright infringement provided to us in accordance with the procedures and requirements set forth above, if the alleged copyright infringement occurs on the website of any funeral home or other funeral professional who is our Client, we recommend that you submit your Notice directly to such Client. Our response to Notices of alleged copyright infringement complying with the above requirements may include forwarding the Notice to the applicable Client or removing or disabling access to the material claimed to be the subject of infringing activity.

7. Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless us, our affiliates, and each of our/their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services, including, without limitation, involving any Content you post or submit to us or in connection with the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any disputes or issues between you and any third party; or (v) access to, use of, or alleged use of the Services by anyone accessing the Services using your user name and password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. For the avoidance of doubt and without limiting the foregoing, you agree to indemnify us against any claims that Content you submit to us violates the intellectual property and/or privacy rights of any person or third party.

8. Termination.

If you violate these Terms, your permission to use the Services will automatically terminate. In addition, we in our sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting us at websites@tributetech.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

9. Modification of the Terms. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon updating the posting of these Terms and shall apply to all access to and use of the Services thereafter. For the avoidance of doubt, any modifications to the dispute resolution provisions set out in Section 12 and the forum selection provision set out in Section 13 will not apply to any disputes for which you or we have actual notice on or before the date that a modification to these Terms becomes effective by updating the posting of these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Services following revisions to these Terms will be deemed acceptance of any modifications to the Terms. Your use of the Services will be conditioned upon the terms and conditions in force at the time of your use.

10. Disclaimers of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. WE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND THE SERVICES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SITES OR THE SERVICES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATE’S, VENDOR’S, SUPPLIER’S, OR PARTNER’S, AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE RELATED TO THE CLAIM, IF ANY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Dispute Resolution Process. YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, INCLUDING ANY PURCHASE OR USE OF OUR SERVICES OR PRODUCTS (a “Dispute”), WILL BE RESOLVED USING THE FOLLOWING ESCALATING DISPUTE RESOLUTION PROCESS THAT CULMINATES IN FINAL AND BINDING ARBITRATION.
1. Either party may commence this dispute resolution process by providing written notice (a “Dispute Notification”) to the other party (a) describing the Dispute in reasonable detail, including identification of specific laws upon which such Dispute is based, and (b) requesting a meeting with the other party, which may take place in person, or remotely. Each party shall nominate a representative, who shall meet in good faith to attempt to resolve the Dispute within 30 calendar days (or such longer period as may be agreed between the parties) of a party’s receipt of the Dispute Notification. Any Dispute Notification required to initiate the dispute resolution process hereunder, if sent to us, shall be sent to the following address:
  
  Tribute Technology
  
  P.O. Box 620036
  
  Middleton, WI 53562
  
  Attention: Legal Department
2. If and only if the Dispute is not resolved within 30 calendar days (or such longer period as may be agreed between the parties) of the requested meeting between the party representatives taking place, or, the meeting does not take place within 30 calendar days of a party’s receipt of the Dispute Notification due to the receiving party’s failure or delay (and no failure or delay on the part of the party providing the Dispute Notification), then the party who provided the Dispute Notification may refer the Dispute to arbitration in accordance with the provisions of subsection B or C below, as applicable.
Following a failure of the procedures set forth in Section 12(A) above to resolve a Dispute, if the location of the business address of the Client, or other business on whose website these Terms appear, is in the United States or anywhere else in the world outside of Canada, arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with either the Consumer Arbitration Rules or the Commercial Arbitration Rules as applicable (the “AAA Rules”) then in effect, except as modified by this Section 12, and the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Section 12; provided, that if the FAA is inapplicable for any reason, the applicable governing law identified in the table in Section 13 shall apply, including with respect to Delaware law, Del. Code tit. 10 § 5701 et seq, without regard to choice of law principles. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)
Following a failure of the procedures set forth in Section 12(A) above to resolve a Dispute, if the location of the business address of the Client, or other business on whose website these Terms appear, is in Canada, arbitration will be administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”) in accordance with the Canadian Arbitration Rules (the “ICDR Canada Arbitration Rules”) then in effect, except as modified by this Section. (The ICDR Canada Arbitration Rules are available at ICDR.org or by calling the ICDR Canada at 1-844-859-0845.)
Except as provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your Dispute in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your alleged harm or injury. Written notice under this subsection should be sent to us at the address set forth in Section 12(A)(1) above. The arbitration or small-claims court proceeding will be limited solely to your individual Dispute.
THE PARTIES AGREE TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS AND BOTH PARTIES WAIVE THE RIGHT TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Neither party may bring any claim on behalf of other individuals. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction located in the jurisdiction set forth in Section 13 below.
If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event subsection F above is found to be unenforceable, all of this Section 12 shall be deemed null and void and of no effect.

13. Contracting Entity; Governing Law. All references to “we,” “us” or “our” in the Terms refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website these Terms appear, as posted on such website. Additionally, these Terms are governed by the laws of the state or province identified in the table below, again based on the location of the business address of the Client or other business on whose website these Terms appear, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the courts located in and for the ”Exclusive Jurisdiction” identified in the table below, for the purpose of litigating all such disputes. Any cause of action or claim with respect to the Sites or the Services must be commenced within two (2) years after the action or claim arises or is discovered.

Location of Business Address	Applicable Contracting Entity	Governing Law	Exclusive Jurisdiction
Canada	Tribute Technology Canada, ULC, a British Columbia unlimited liability company	Ontario	Toronto, Ontario
United States and the rest of the world outside Canada	Tribute Technology US, LLC, a Delaware limited liability company	Delaware	Madison, Wisconsin

14. Modification of the Sites and Services. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Sites and Services at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites or Services.

15. General.

Entire Agreement. Unless otherwise expressly stated herein or in another written agreement between you and us, these Terms constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Sites and Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

16. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Tribute Technology Privacy Policy

Last updated: April 20, 2023

Tribute Technology is committed to protecting your personal information. This Privacy Notice describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information. For purposes of this Privacy Notice, (a) “personal information” means any information that relates to you as an individual and could reasonably be used to identify you and (b) “Tribute Technology,” “we,” “us” and “our” each refer to the legal entity specified in the “Applicable Entity” section this Privacy Notice below. This Privacy Notice applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms (the “Services”), as well as through any other means where a link or reference to this Privacy Notice is provided at the time of collection.

Our Services

Tribute Technology’s primary business is as a software-as-a-service provider of funeral technology services, including website, payment processing, life insurance assignments, search engine optimization, marketing and ecommerce services, to funeral homes and other funeral professionals (our “Clients”). In connection with this facet of Tribute Technology’s business, Tribute Technology collects and stores personal information regarding individuals who visit and utilize certain functions or features of our and our Clients’ websites (“End Users”). This Privacy Notice applies to Tribute Technology’s collection and use of Client and End User personal information but not to our Clients’ or any other third party’s collection or use of such personal information.

Tribute Technology also maintains a web repository, the Tribute Archive, containing obituaries, a listing of funeral homes, and other funeral-related content in connection with which personal information may be collected from individuals (“Tribute Users”). This Privacy Notice also applies to Tribute Technology’s collection and use of personal information from Tribute Users and other individuals who interact directly with Tribute Technology.

Personal Information We Collect

When you access or use the Services or otherwise interact with us, whether as a Client, End User, Tribute User or other individual, we may collect certain categories of personal information about you from a variety of sources.

Categories of personal information that we may collect from you directly include:

Contact information (for example, name, phone number, mailing address, email address)
Payment-related details (for example, billing address and other credit card details)
Account information (for example, username and password and transaction history)
Communications (for example, submitted questions or other posts, marketing preferences and user generated content like photos and videos)

Categories of personal information that we may collect automatically when you use the Services include:

Technical information (for example, browser type, IP address, cookies, and operating system)
Usage information (for example, pages visited, search terms entered, and frequency of visits)

Categories of personal information that we may collect from other sources, including from our Clients in connection with their use of the Services, include:

End User contact information (for example, name, phone number, mailing address, email address)
End User payment-related details (for example, billing address and other credit card details)
End User funeral contributions, including tribute video data, data entered in funeral register books, obituaries and posts and comments
End User funeral administration data, including life insurance claim forms and affidavits to ensure dispersal of funds to cover funeral costs and data required to file death certificates

We use Google Analytics to collect and analyze information about use of the Services and to help us understand activities and trends. This includes use of Google Analytics performance reports relating to demographics and interests. As part of this service, we share a unique identifier with Google Analytics. You may opt-out of Google Analytics by installing a Google Analytics opt-out browser add-on available for download here: https://tools.google.com/dlpage/gaoptout.

Finally, we may collect personal information pursuant to a legal or contractual requirement, and failure to provide such information may impact our ability to fulfill our obligations.

How We Use Your Personal Information

We may use the personal information we collect for the following purposes:

Provide and improve the Services. We may use your personal information to provide and improve the Services, including to fulfill your orders and requests and to post your comments and other funeral contributions. We may also use your personal information for the administration of our business, for business development purposes, and to fulfill our contractual obligations.

Risk mitigation and security. We may use your personal information for risk mitigation and security purposes, including to maintain the privacy and security of our data, to conduct internal audits or investigations, for data security testing and business continuity planning purposes, and to ensure the safety and security of our and our affiliates’ Clients, staff and assets.

Communication and marketing. We may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services.

Comply with the law and exercise our rights. We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our and our affiliates’ assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.

Corporate transaction. We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event.

We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law.

Some jurisdictions require that we determine a “lawful basis” for processing personal information. Where such requirements exist, we rely on the following lawful bases for our processing activities: that you have consented to the processing; that the processing is necessary for the performance of our contract with you; that we have a legal obligation; or that we have a legitimate interest in providing and improving the Services and managing our business operations. Our Clients determine the lawful basis for processing End User personal information.

Use of Cookies

When you use the Services, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Services or certain features of the Services. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Services.

We may also allow certain third parties such as advertising, analytics providers, and widget providers to place cookies in order to collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Due to the lack of such standards, the Services, including this website, do not respond to “Do Not Track” consumer browser settings.

How and When We Disclose Your Personal Information

We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Notice:

Group companies and affiliates. We may disclose, share, or transfer your information to any business entity that is part of our corporate family.

Clients. We may share your information with our Clients in connection with our Clients’ provision of services to you.

Service providers and professional advisors. We may disclose your information to third party vendors who provide services in support of our business operations, such as website development and hosting, payment processing, marketing management, service optimization, vendors that fulfill orders for funeral-related items such as flowers, and data analytics. We may also disclose your personal information to professional advisors such as our attorneys, accountants, and ours or End Users’ insurance providers.

Parties involved in a corporate transaction. We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy.

Law enforcement or other governmental entities. We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.

Other third parties with your consent. We may disclose your information to any other third party where you have provided consent to such disclosure.

Security, Retention & Transfer of Personal Information

We have implemented and maintain commercially reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guaranty and do not warrant the absolute security of your personal information. We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights.

Depending on your location, the personal information we collect about you may be transferred to a jurisdiction that does not provide the same level of protection of personal information as the jurisdiction in which you reside. Among other places, personal information may be transferred to, and stored in, Canada, Australia and the United States. Transfers from the European Union to Canada are made pursuant to European Commission Decision 2002/2/EC, which determined that Canada is considered as providing an adequate level of protection of personal information.

Your Choices & Rights

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. Once you have registered for an account with us, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services. If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process provided or described in any such communication, but you may still receive transactional or administrative communications from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Depending on your location and subject to local law, you may have certain rights with respect to your personal information. These may include: the right to access, correct, and delete your personal information; the right to restrict or object to our use of your personal information; and the right to receive a portable copy of your personal information in a usable format. If you provide us with consent to use your personal information, you may withdraw that consent at any time, however, such withdrawal will not impact the lawfulness of our use of your personal information based on your consent up to that point.

To make a request related to your personal information or otherwise exercise your rights, you may contact us using the contact information provided below. In order to fulfill your request, we may require additional information from you. We will respond to requests within the relevant time periods established by applicable law. We are committed to finding a fair and reasonable resolution to any request, concern, or complaint you bring to our attention. However, if you are unsatisfied with our response to your request, you may have the right to lodge a complaint with applicable governmental authorities, subject to local law.

Children’s Privacy

We do not knowingly collect or maintain information from persons under 16 years of age (“children”), and no part of the Services is directed to children. If you are under 16 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

Applicable Entity

All references to “Tribute Technology,” “we,” “us” or “our” in this Privacy Notice refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website this Privacy Notice appears (as posted on such website):

Location of Business Address	Applicable Entity
Canada	Tribute Technology Canada, ULC, a British Columbia unlimited liability company
United States and the rest of the world outside Canada	Tribute Technology US, LLC, a Delaware limited liability company

California Residents

Supplemental to the above, the following additional information pertains to California residents only:

Collection and Use of Personal Information

Categories of personal information collected about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, education information, and inferences drawn from such information. For examples of specific pieces of personal information collected, please see the “Personal Information We Collect” section above.

Categories of personal information disclosed for a business purpose about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, and education information.

We do not sell personal information, nor do we share personal information with third parties for those third parties’ direct marketing purposes.

Your California Privacy Rights
As a California resident, you have the following rights with respect to your personal information:

You have the right to request to know about personal information collected, disclosed, or sold.

You have the right to request the deletion of personal information.

You have the right to opt-out of the sale of your personal information at any time. Note that we do not currently sell personal information.

Finally, you have the right to not be discriminated against as a result of exercising your privacy rights. Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of goods or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, you may contact us using the contact information provided below or call 1-833-303-1880. In order to fulfill your request, we may require additional personal information for purposes of verifying your identity. If you make a request through an authorized agent, we may require additional information to verify your authorization of the agent.

Changes to Privacy Notice

We reserve the right to make changes to this Privacy Notice at any time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. Please revisit this page periodically to stay aware of any changes to this Privacy Notice. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Notice in effect at the time the dispute arose.

Contact Us

Please contact us with any questions, comments or concerns about this Privacy Notice or our use of your personal information by email at privacy@tributetech.com or by mail at:

Tribute Technology
2501 Parmenter Street, Suite 300C
Middleton, WI 53562

We are committed to improving and maintaining a website that is accessible to the widest possible audience, regardless of technology or ability. If you experience any difficulty in accessing any part of this website, please feel free to call our website provider at 844-200-6020 or email them at websites@tributetech.com, or contact us directly. Note that our efforts are ongoing, and we are committed to providing the information, item, or transaction you seek through an alternate communication method that is accessible for you.

Tribute Technology Terms of Use

Last Updated: April 20, 2023

These Terms of Use, together with Tribute Technology’s Privacy Policy, (collectively, the “Terms”) set forth the terms and conditions that apply to your access and use of the website of Tribute Technology (https://www.tributetech.com/) and our associated services, including Tribute Technology services that are available through the websites of our client funeral homes and other funeral professionals (each, a “Client”) and any other websites where we link to these Terms (together, the “Sites”), whether as a Client, end user or customer of a Client, or otherwise. Such Tribute Technology services are referred to herein collectively as the “Services.” Certain Services accessible through the Sites may have their own terms and conditions that apply to your use of those particular Services. These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the applicable entity referred to in Section 13 of these Terms (“Tribute Technology,” “we,” “us” and “our”) concerning your access to and use of the Services.

By using or accessing the Services, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below. If you do not agree to the following Terms, do not access or use the Services.

Notice of Binding Arbitration. These Terms provide that all disputes between you and us that in any way relate to these Terms or your use of the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Section 12 below entitled “Interpretations and Disputes” for the details regarding your agreement to arbitrate any disputes with us.

Account Security. To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.

Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Tribute Technology for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at websites@tributetech.com.

Your Use of the Services and Prohibited Conduct. You are granted a limited, non-exclusive, revocable right to access and use the Services solely for your personal or non-commercial use; provided, that if you are a Client, your commercial use in connection with your Site is permitted for your business. Except for the limited right expressly granted to you in these Terms, Tribute Technology and its licensors expressly reserve all other rights and licenses to the Services and their content. You agree not to:

Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

Violate or encourage others to violate the rights of third parties, including intellectual property rights;

Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate, or that violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity;

Interfere in any way with, bypass or attempt to bypass any security-related features of the Services;

Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

Deep-link to any feature or content on the Services, or access, monitor or copy any content or information of the Services using any robot, spider, scraper, crawler or other automated means or any manual process for any purpose without Tribute Technology’s express written permission;

Use, reproduce, modify, distribute or store any part of the Services (including obituaries, event information, or other content) for any purpose without the prior written permission of Tribute Technology;

Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;

Post, disseminate, submit, transmit, host, share, and/or publish advertisements or solicitations of business; or

Sell or otherwise transfer the access granted herein.

Third Party Content. The Services may contain links to third party websites and services. Tribute Technology provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Tribute Technology has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

Intellectual Property. You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video or image, or post or submit other content (together, “Content”) to Tribute Technology or via the Services, including to any website of any funeral home or other funeral professionals provided by Tribute Technology, such Content will be shared with and stored by Tribute Technology and its affiliates and partners, including but not limited to Tribute Archive (tributearchive.com), and may also be used in connection with other products and services provided by Tribute Technology and its affiliates and partners in connection with the Sites, including products such as Tribute Book. With respect to any images or videos that you post or provide in connection with the Services, you represent and warrant that you have secured the permission of any living persons depicted therein to (i) post them, and (ii) the use of such Content as set out in these Terms. You hereby grant to Tribute Technology and its agents, attorneys, representatives, predecessors, successors, affiliates, parents, subsidiaries, nominees, licensees, executors, administrators, assigns, funeral homes or other funeral professionals that are our Clients, and those acting with authority of the foregoing (collectively, “Tribute Technology Parties”), a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable, and sublicensable right and license to use, share, reproduce, distribute, sell, prepare derivative works of, excerpt, publicly display, publicly perform, host, cache, route, transmit, store, reformat, excerpt, edit, archive, index, create algorithms based on, modify, and/or transcode such Content in any and all formats and through any and all means and channels, including without limitation through downloading technologies, on the internet, and in publications and advertisements. You also hereby irrevocably waive, as against the Tribute Technology Parties, all moral rights and rights of restraint in such Content. The license, consent, and release herein are binding upon you and your heirs, executors, administrators, successors, licensees, and assigns.

Except for Content, all text, graphics, photographs, videos, user interfaces, trademarks, logos, taglines, animations, sounds, music and other materials contained on or comprising the Services, including without limitation the design, structure, selection, organization, compilation, display, arrangement, expression, and “look and feel” of the Sites and Services, and the software comprising and/or embodying the foregoing (collectively, the “Tribute Technology Materials”), are owned, controlled, or licensed by or to Tribute Technology, and are protected under applicable intellectual property laws, including without limitation copyright, trade dress, trademark, and/or patent laws. Your use of the Services gives you no ownership rights in the Tribute Technology Materials.

Tribute Technology, or third parties from whom Tribute Technology has permission, own the trademarks and service marks that are used in the Services. All rights are reserved by Tribute Technology and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Tribute Technology and its licensors may not be used without prior written consent of Tribute Technology or its licensor, as the case may be. Without limiting the foregoing, no Tribute Technology trademark or trade dress may be used in connection with any product or service that is not Tribute Technology’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Tribute Technology.

You grant Tribute Technology a perpetual, royalty free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know how, or techniques that you submit about the Services or Tribute Technology Materials for any purpose (including, without limitation, commercialization) and without compensation to you.

User Content. You represent and warrant that you own or otherwise have the rights, licenses, consents and permissions necessary to provide Tribute Technology the Content you provide in connection with the Services. If you believe that your Content or any other material posted in connection with the Services has been used in a way that constitutes copyright infringement, please notify us following the procedures set forth in this Section.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, we will respond promptly to notices of alleged infringement that are reported to our designated Copyright Agent, identified below.

Notices of Alleged Infringement:

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Please deliver this Notice, with all items completed, to our designated Copyright Agent at the following address:

Copyright Agent

c/o Tribute Technology

2501 Parmenter Street, Suite 300C

Middleton, WI 53562

Phone: 866-303-1880

Email: copyright@tributetech.com

Tribute Technology has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of Tribute Technology or others.

Indemnification. You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Tribute Technology, its affiliates, and each of their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services, including, without limitation, involving any Content you post or submit to us or in connection with the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any disputes or issues between you and any third party; or (v) access to, use of, or alleged use of the Services by anyone accessing the Services using your user name and password. Tribute Technology reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. For the avoidance of doubt and without limiting the foregoing, you agree to indemnify Tribute Technology against any claims that Content you submit to Tribute Technology violates the intellectual property and/or privacy rights of any person or third party.

Termination. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, Tribute Technology in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting Tribute Technology at websites@tributetech.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Tribute Technology may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

Modification of the Terms. Tribute Technology reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms upon updating the posting of these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Your continued use of the Services following revisions to these Terms will be deemed acceptance of any modifications to the Terms.

Disclaimers of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although Tribute Technology seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. TRIBUTE TECHNOLOGY SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND THE SERVICES. TRIBUTE TECHNOLOGY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SITES OR THE SERVICES. TRIBUTE TECHNOLOGY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability. IN NO EVENT WILL TRIBUTE TECHNOLOGY OR ITS AFFILIATES, VENDORS, SUPPLIERS, OR PARTNERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRIBUTE TECHNOLOGY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL TRIBUTE TECHNOLOGY’S, OR ITS AFFILIATE’S, VENDOR’S, SUPPLIER’S, OR PARTNER’S, AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE RELATED TO THE CLAIM, IF ANY, OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Interpretations and Disputes. YOU AND TRIBUTE TECHNOLOGY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, INCLUDING ANY PURCHASE OR USE OF OUR SERVICES OR PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

If the location of the business address of the Client, or other business on whose website these Terms appear, is in the United States or anywhere else in the world outside of Canada, arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with either the Consumer Arbitration Rules or the Commercial Arbitration Rules as applicable (the “AAA Rules”) then in effect, except as modified by this Section 12, and the Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Section 12; provided, that if the FAA is inapplicable for any reason, the applicable governing law identified in the table in Section 13 shall apply, including with respect to Delaware law, Del. Code tit. 10 § 5701 et seq, without regard to choice of law principles. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) Unless you and we mutually agree otherwise, any in-person arbitration hearings between you and us will take place in the applicable jurisdiction listed in the table in Section 13 below.

If the location of the business address of the Client, or other business on whose website these Terms appear, is in Canada, arbitration will be administered by the International Centre for Dispute Resolution Canada (“ICDR Canada”) in accordance with the Canadian Arbitration Rules (the “ICDR Canada Arbitration Rules”) then in effect, except as modified by this Section. (The ICDR Canada Arbitration Rules are available at ICDR.org or by calling the ICDR Canada at 1-844-859-0845.) The seat of arbitration shall be Toronto, Ontario. Unless you and we mutually agree otherwise, any in-person arbitration hearings between you and us will take place in the applicable jurisdiction listed in the table in Section 13 below.

Except as provided herein, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You and we agree that neither party shall appeal any award of the arbitrator, including any appeal on a question of law, question of fact or question of mixed fact and law.

We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If an individual consumer prevails on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. For the avoidance of doubt, this Section 12(E) shall only apply to individual consumers.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TRIBUTE TECHNOLOGY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction located in the jurisdiction set forth in Section 13 below.

If any provision of this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, that in the event subsection (F) is found to be unenforceable, all of this Section 12 shall be deemed null and void and of no effect.

Contracting Entity; Governing Law. All references to “Tribute Technology,” “we,” “us” or “our” in the Terms refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website these Terms appear, as posted on such website. Additionally, these Terms are governed by the laws of the state or province identified in the table below, again based on the location of the business address of the Client or other business on whose website these Terms appear, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Tribute Technology agree to submit to the exclusive personal jurisdiction of the courts located in and for the ”Exclusive Jurisdiction” identified in the table below, for the purpose of litigating all such disputes. Any cause of action or claim with respect to the Sites or the Services must be commenced within two (2) years after the action or claim arises or is discovered.

Location of Business Address	Applicable Contracting Entity	Governing Law	Exclusive Jurisdiction
Canada	Tribute Technology Canada, ULC, a British Columbia unlimited liability company	Ontario	Toronto, Ontario
United States and the rest of the world outside Canada	Tribute Technology US, LLC, a Delaware limited liability company	Delaware	Madison, Wisconsin

Modification of the Sites and Services. Tribute Technology reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites and Services at any time without any notice or further obligation to you. You agree that Tribute Technology will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites or Services.

General.

Entire Agreement. Unless otherwise expressly stated herein or another written agreement between you and Tribute Technology, these Terms constitute the entire and exclusive understanding and agreement between you and Tribute Technology regarding your use of and access to the Sites and Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Tribute Technology Privacy Policy

Last updated: April 20, 2023

Tribute Technology is committed to protecting your personal information. This Privacy Notice describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information. For purposes of this Privacy Notice, (a) “personal information” means any information that relates to you as an individual and could reasonably be used to identify you and (b) “Tribute Technology,” “we,” “us” and “our” each refer to the legal entity specified in the “Applicable Entity” section this Privacy Notice below. This Privacy Notice applies to our collection and use of personal information through this website and any related websites, applications, tools, or platforms (the “Services”), as well as through any other means where a link or reference to this Privacy Notice is provided at the time of collection.

Our Services

Tribute Technology’s primary business is as a software-as-a-service provider of funeral technology services, including website, payment processing, life insurance assignments, search engine optimization, marketing and ecommerce services, to funeral homes and other funeral professionals (our “Clients”). In connection with this facet of Tribute Technology’s business, Tribute Technology collects and stores personal information regarding individuals who visit and utilize certain functions or features of our and our Clients’ websites (“End Users”). This Privacy Notice applies to Tribute Technology’s collection and use of Client and End User personal information but not to our Clients’ or any other third party’s collection or use of such personal information.

Tribute Technology also maintains a web repository, the Tribute Archive, containing obituaries, a listing of funeral homes, and other funeral-related content in connection with which personal information may be collected from individuals (“Tribute Users”). This Privacy Notice also applies to Tribute Technology’s collection and use of personal information from Tribute Users and other individuals who interact directly with Tribute Technology.

Personal Information We Collect

When you access or use the Services or otherwise interact with us, whether as a Client, End User, Tribute User or other individual, we may collect certain categories of personal information about you from a variety of sources.

Categories of personal information that we may collect from you directly include:

Contact information (for example, name, phone number, mailing address, email address)
Payment-related details (for example, billing address and other credit card details)
Account information (for example, username and password and transaction history)
Communications (for example, submitted questions or other posts, marketing preferences and user generated content like photos and videos)

Categories of personal information that we may collect automatically when you use the Services include:

Technical information (for example, browser type, IP address, cookies, and operating system)
Usage information (for example, pages visited, search terms entered, and frequency of visits)

Categories of personal information that we may collect from other sources, including from our Clients in connection with their use of the Services, include:

End User contact information (for example, name, phone number, mailing address, email address)
End User payment-related details (for example, billing address and other credit card details)
End User funeral contributions, including tribute video data, data entered in funeral register books, obituaries and posts and comments
End User funeral administration data, including life insurance claim forms and affidavits to ensure dispersal of funds to cover funeral costs and data required to file death certificates

We use Google Analytics to collect and analyze information about use of the Services and to help us understand activities and trends. This includes use of Google Analytics performance reports relating to demographics and interests. As part of this service, we share a unique identifier with Google Analytics. You may opt-out of Google Analytics by installing a Google Analytics opt-out browser add-on available for download here: https://tools.google.com/dlpage/gaoptout.

Finally, we may collect personal information pursuant to a legal or contractual requirement, and failure to provide such information may impact our ability to fulfill our obligations.

How We Use Your Personal Information

We may use the personal information we collect for the following purposes:

Provide and improve the Services. We may use your personal information to provide and improve the Services, including to fulfill your orders and requests and to post your comments and other funeral contributions. We may also use your personal information for the administration of our business, for business development purposes, and to fulfill our contractual obligations.

Risk mitigation and security. We may use your personal information for risk mitigation and security purposes, including to maintain the privacy and security of our data, to conduct internal audits or investigations, for data security testing and business continuity planning purposes, and to ensure the safety and security of our and our affiliates’ Clients, staff and assets.

Communication and marketing. We may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services.

Comply with the law and exercise our rights. We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our and our affiliates’ assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.

Corporate transaction. We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event.

We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law.

Some jurisdictions require that we determine a “lawful basis” for processing personal information. Where such requirements exist, we rely on the following lawful bases for our processing activities: that you have consented to the processing; that the processing is necessary for the performance of our contract with you; that we have a legal obligation; or that we have a legitimate interest in providing and improving the Services and managing our business operations. Our Clients determine the lawful basis for processing End User personal information.

Use of Cookies

When you use the Services, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Services or certain features of the Services. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Services.

We may also allow certain third parties such as advertising, analytics providers, and widget providers to place cookies in order to collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Due to the lack of such standards, the Services, including this website, do not respond to “Do Not Track” consumer browser settings.

How and When We Disclose Your Personal Information

We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Notice:

Group companies and affiliates. We may disclose, share, or transfer your information to any business entity that is part of our corporate family.

Clients. We may share your information with our Clients in connection with our Clients’ provision of services to you.

Service providers and professional advisors. We may disclose your information to third party vendors who provide services in support of our business operations, such as website development and hosting, payment processing, marketing management, service optimization, vendors that fulfill orders for funeral-related items such as flowers, and data analytics. We may also disclose your personal information to professional advisors such as our attorneys, accountants, and ours or End Users’ insurance providers.

Parties involved in a corporate transaction. We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy.

Law enforcement or other governmental entities. We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.

Other third parties with your consent. We may disclose your information to any other third party where you have provided consent to such disclosure.

Security, Retention & Transfer of Personal Information

We have implemented and maintain commercially reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guaranty and do not warrant the absolute security of your personal information. We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights.

Depending on your location, the personal information we collect about you may be transferred to a jurisdiction that does not provide the same level of protection of personal information as the jurisdiction in which you reside. Among other places, personal information may be transferred to, and stored in, Canada, Australia and the United States. Transfers from the European Union to Canada are made pursuant to European Commission Decision 2002/2/EC, which determined that Canada is considered as providing an adequate level of protection of personal information.

Your Choices & Rights

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. Once you have registered for an account with us, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Services. If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process provided or described in any such communication, but you may still receive transactional or administrative communications from us. Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Depending on your location and subject to local law, you may have certain rights with respect to your personal information. These may include: the right to access, correct, and delete your personal information; the right to restrict or object to our use of your personal information; and the right to receive a portable copy of your personal information in a usable format. If you provide us with consent to use your personal information, you may withdraw that consent at any time, however, such withdrawal will not impact the lawfulness of our use of your personal information based on your consent up to that point.

To make a request related to your personal information or otherwise exercise your rights, you may contact us using the contact information provided below. In order to fulfill your request, we may require additional information from you. We will respond to requests within the relevant time periods established by applicable law. We are committed to finding a fair and reasonable resolution to any request, concern, or complaint you bring to our attention. However, if you are unsatisfied with our response to your request, you may have the right to lodge a complaint with applicable governmental authorities, subject to local law.

Children’s Privacy

We do not knowingly collect or maintain information from persons under 16 years of age (“children”), and no part of the Services is directed to children. If you are under 16 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

Applicable Entity

All references to “Tribute Technology,” “we,” “us” or “our” in this Privacy Notice refer to the applicable entity specified in the table below, which is based on the location of the business address of the Client or other business on whose website this Privacy Notice appears (as posted on such website):

Location of Business Address	Applicable Entity
Canada	Tribute Technology Canada, ULC, a British Columbia unlimited liability company
United States and the rest of the world outside Canada	Tribute Technology US, LLC, a Delaware limited liability company

California Residents

Supplemental to the above, the following additional information pertains to California residents only:

Collection and Use of Personal Information

Categories of personal information collected about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, education information, and inferences drawn from such information. For examples of specific pieces of personal information collected, please see the “Personal Information We Collect” section above.

Categories of personal information disclosed for a business purpose about California residents in the past twelve months include identifiers, other identifying information, characteristics of protected class, commercial information, Internet or other electronic network activity information, professional or employment-related information, and education information.

We do not sell personal information, nor do we share personal information with third parties for those third parties’ direct marketing purposes.

Your California Privacy Rights
As a California resident, you have the following rights with respect to your personal information:

You have the right to request to know about personal information collected, disclosed, or sold.

You have the right to request the deletion of personal information.

You have the right to opt-out of the sale of your personal information at any time. Note that we do not currently sell personal information.

Finally, you have the right to not be discriminated against as a result of exercising your privacy rights. Accordingly, unless permitted by law, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you a different level or quality of goods or services, or suggest you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your rights, you may contact us using the contact information provided below or call 1-833-303-1880. In order to fulfill your request, we may require additional personal information for purposes of verifying your identity. If you make a request through an authorized agent, we may require additional information to verify your authorization of the agent.

Changes to Privacy Notice

We reserve the right to make changes to this Privacy Notice at any time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. Please revisit this page periodically to stay aware of any changes to this Privacy Notice. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Notice in effect at the time the dispute arose.

Contact Us

Please contact us with any questions, comments or concerns about this Privacy Notice or our use of your personal information by email at privacy@tributetech.com or by mail at:

Tribute Technology
2501 Parmenter Street, Suite 300C
Middleton, WI 53562

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