Terms of Service

Last Updated: July 1, 2026

THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR INTERACTIONS WITH US INCLUDING YOUR USE OF THE ONLINE WEBSITES, INTERFACES, FEATURES, AND SERVICES (COLLECTIVELY, THE “SERVICES”) OWNED AND OPERATED BY THE AFFILIATES AND SUBSIDIARIES OF SERVICE CORPORATION INTERNATIONAL, INCLUDING, BUT NOT LIMITED TO, SCI SHARED RESOURCES, LLC, AND ENTITIES OPERATING UNDER THE BRAND NAMES DIGNITY MEMORIAL, DIGNITÉ, DIGNITY MEMORIAL PREMIER COLLECTION, FUNERARIA DEL ANGEL, CABALLERO RIVERO, ADVANTAGE FUNERAL & CREMATION SERVICES, ROSE HILLS, NATIONAL CREMATION, NEPTUNE SOCIETY, TRIDENT SOCIETY, NEPTUNE SOCIETY OF NORTHERN CALIFORNIA, NEPTUNE MEMORIAL REEF, AND LHT CONSULTING GROUP, LLC (COLLECTIVELY, “COMPANY,” “WE,” “US,” OR “OUR”).

PLEASE READ THESE TOS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TOS INCLUDE A LIMITATION OF LIABILITY, AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. THESE TOS TAKE EFFECT WHEN YOU ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TOS MAY BE UPDATED FROM TIME TO TIME.

Please read these TOS carefully before using the Services.

  1. GENERAL AGREEMENT
  2. DESCRIPTION OF SERVICES
  3. REGISTRATION AND PRIVACY
  4. SECURITY
  5. USE
  6. USER CONTENT AND COMMUNITY STANDARDS
  7. COPYRIGHT INFRINGEMENT
  8. TEXT MESSAGING TERMS
  9. ADDITIONAL LIMITATIONS
  10. CHANGES TO THE SERVICES
  11. TERMINATION
  12. DISCLOSURES REGARDING ARTIFICIAL INTELLIGENCE
  13. THIRD PARTY ADVERTISERS
  14. THIRD PARTY LINKS
  15. DISCLAIMER
  16. LIMITATION OF LIABILITY
  17. EXCLUSIONS AND LIMITATIONS
  18. INJUNCTIVE RELIEF
  19. TRADEMARK INFORMATION
  20. INDEMNITY
  21. DISPUTE RESOLUTION: MANDATORY INFORMAL RESOLUTION BINDING ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER
  22. GOVERNING LAW AND JURISDICTION
  23. CONSUMER PROTECTION NOTICE
  24. GENERAL INFORMATION
  25. MISCELLANEOUS

1. GENERAL AGREEMENT. By accessing or using the Services in any way, you agree to these TOS. You further agree that the Company shall have the right to alter or amend these TOS at any time, with or without advance notice to you. If the Company does alter or amend these TOS, the Company will post the revised TOS on this page and notify you by updating the effective date at the top of this page. Any new TOS are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new TOS. The Company reserves the right to restrict, suspend, or terminate your access or use of the Services at any time with or without cause, including if the Company believes that you may be in breach of these TOS or applicable laws. Please note that Section 23 includes important limitations on the applicability of these TOS, including limitations on Sections 3, 4, 5, 6, 10, 11, 13, 14, 15, 16, 17, 20, 21(h), and 22.

2. DESCRIPTION OF SERVICES. The Services may include online resources such as memorialization services, communications tools, purchasing services, information about offerings related to funeral, burial, or cremation services, and personalized content. Some areas or functionalities of the Services may have additional terms and conditions that apply to your access or use of those areas or functionalities of the Services (“Additional Terms”). If there is a conflict or inconsistency between these TOS and any Additional Terms, the Additional Terms shall govern your access and use of the respective area or functionality of the Services.

3. REGISTRATION AND PRIVACY. In order to access or use certain services or product offerings on the Services such as Making Everlasting Memories® Memorials, or to access or use additional pages for third party e-commerce services, you may have to register for an online account with a user ID and/or password (“Account”).  Otherwise, no Account is required to access or use the Services. You may also be permitted to register for an Account by logging in with your social media account (such as Facebook or Google). However, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on your social media account to access or use the Services. Your user ID, password, and any information that you provide in connection with your Account must remain accurate and complete at all times. If any information provided in your Account is or appears to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all access or use of the Services (or any portion thereof). All information that we collect about you through the Services is subject to our Privacy Policy.

4. SECURITY. You agree to protect the confidentiality and security of your Account and not share or disclose your user ID or password to any third party. You agree that you are fully responsible for any and all access and use of your Account. Please notify us immediately of any unauthorized access or use of your Account (including any and all information therein) or any other known or suspected breach of security, including loss or theft of your user ID, password, or any other information stored in your Account. To the fullest extent permitted by applicable law, we will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with this Section 4 or these TOS.

5. USE. The Services are intended for personal use only. You agree not to use the Services for any commercial purposes. You further agree that you will not:

  • access or use the Services (or any portion thereof) in violation of these TOS or applicable laws;
  • attempt to modify, alter, recreate, or otherwise use the Services for any purpose other than as specifically permitted in these TOS;
  • access data or an Account which you are not authorized to access;
  • attempt to probe, scan, or assess the vulnerability of the Services;
  • breach any security, technological, or authentication measures on the Services;
  • use any device, software, or routine to attempt to interfere with the Services;
  • attempt to interfere with or disrupt the Services or servers or networks connected to the Services;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Services for any purpose;
  • collect or store personal information about other users of the Services without their consent;
  • use any part or feature of the Services for any purpose that is unlawful, tortious, libelous, defamatory, obscene, threatening, or intrusive on another person’s privacy;
  • use the Services to harm or harass any person or entity;
  • take any action that imposes, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; or
  • use the Services for any reason for which the Services are not intended.

The Company reserves the right, in its sole discretion and without limiting its other remedies, to restrict, suspend, or terminate your Account and/or access or use of the Services at any time with or without cause, including if the Company believes that you may be in breach of these TOS or applicable laws or are misusing the Services.

6. USER CONTENT AND COMMUNITY STANDARDS. You are responsible for all data, text, photographs, graphics, videos, messages, audios, or other materials (“User Content”) that you post, transmit, or otherwise make available to the Services for any purpose whatsoever, such as, but not limited to, obituaries and memorial postings (including on the Company’s social media pages). The Company does not pre-screen User Content, but we shall have the right in our sole discretion to reject or remove any User Content that is submitted through the Services. The Company also reserves the right, in its sole discretion and without limiting its other remedies, to limit your access and use of the Services, including, but not limited to, the number of your connections available to you, User Content that you may post, or any other content and data that you may access on or through the Services. You agree to evaluate and bear all risks associated with User Content. To the fullest extent permitted by applicable law, you agree that the Company is not liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of User Content delivered to or posted on the Services. You further agree to comply with all applicable laws of the country, state, province, and/or locality in which you reside regarding online conduct, acceptable User Content, and the transmission of technical data on the Services. The Company does not control User Content delivered to the Services and does not guarantee or make any representations regarding the accuracy, integrity, quality, timeliness, deletion, mis-delivery, or failure to store any User Content.

You further agree that you will not deliver User Content that:

  • contains profanity, personal attacks, defamatory remarks, discriminatory remarks, or hate speech;
  • includes topics related to sex, drugs, violence, or illegal activities;
  • includes false or unpublished claims about how someone died, the health of a deceased person, or otherwise reveals distressing personal details about a deceased person or anyone;
  • is or may be deemed abusive, defamatory, deceptive, misleading, hateful, obscene, prejudiced, threatening, vulgar, or otherwise objectionable;
  • contains software viruses or other code, files, or programs designed to damage or disrupt any software, hardware, or telecommunications equipment;
  • contains copyrighted content without the express written permission of the owner of the copyrighted content, or infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right;
  • is likely to cause confusion of the Company’s brands among consumers, dilute the strength of the Company’s or its licensors’ property, or otherwise infringe the Company’s or its licensors’ intellectual property rights;
  • harms or is inappropriate for minors to view; or 
  • is prohibited by any law, regulation, or other obligation.

You acknowledge and agree that the Company may preserve or delete User Content at any time and for any purpose. You also acknowledge and agree that you are not guaranteed access to User Content at any time. Furthermore, the Company may disclose User Content if: (a) the Company determines that disclosure is necessary to enforce these TOS, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of the Company, its users, and the public; or (b) the Company’s legal counsel determines that appropriate legal process requires disclosure.

The Company does not claim ownership of User Content. You retain ownership of your User Content. You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce, and create derivative works from all User Content that you provide (including your name and any other information in connection with User Content) in any form, media, software, or technology of any kind now existing or developed in the future. Upon request by you or an authorized representative, the Company may remove or delete User Content you posted, transmitted, or otherwise made available to the Services, such as, but not limited to, obituaries and memorial postings, subject to applicable law and operational limitations. Without limiting the generality of the foregoing, you authorize the Company to include User Content in a searchable format that may be accessed by users of the Services and third party websites, provided, however, that the Company shall have no liability for User Content that can be public and visible on the Services, third party websites, or search engines, including after deletion of such User Content by you or the Company. You also grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use any facts, ideas, concepts, know-how, or techniques contained in any User Content for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting, or marketing products and services by or for the Company. You grant all rights described in this Section 6 in consideration of your access and use of the Services and without the need for any compensation of any sort to you.

7. COPYRIGHT INFRINGEMENT. Images, text, or other information posted or found on the Services are solely for the use of users who agree to abide by these TOS and the Company’s Privacy Policy, and may not be accessed, used, reproduced, or published for any purpose, commercial or otherwise, without the express written permission of the Company and the owner(s) of the images, text, or other information. If you believe that anything on the Services infringes your copyrighted work, please provide the Company with written notice of such infringement. Such notice must include the following to be in compliance with the U.S. Digital Millennium Copyright Act (“DMCA”): (a) the physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) information reasonably sufficient to permit us to locate the copyrighted work; (d) your contact information, including, your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and (f) a statement that the information in the written notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Send the written notice to the Company’s designated agent for notice of alleged copyright infringement at:

By Email: [email protected]

By Mail:

SCI Shared Resources, LLC
Attn: Copyright Agent 
1929 Allen Parkway
Houston, TX 77019
(713) 522-5141

The Company reserves the right to remove or restrict access to any User Content alleged to be infringing or terminate your Account if you are determined to be a repeat infringer. The Company may do so in its sole discretion, without prior notice, and without any obligation or liability to you.

8. TEXT MESSAGING TERMS. Under certain circumstances, the Company may contact consenting individuals via SMS and/or MMS to provide information related to funeral services and products and other services, surveys, promotional alerts, and other content (“Texts”). By signing up to receive Texts, you agree to our Privacy Policy and to be bound by the Text Terms and Conditions (“Text Terms”) set forth in this Section 8.

PLEASE NOTE THAT THESE TERMS AFFECT YOUR LEGAL RIGHTS WITH REGARD TO THE TEXT TERMS IN THIS SECTION 8, INCLUDING BY LIMITING THE COMPANY’S LIABILITY AND REQUIRING MANDATORY  INFORMAL RESOLUTION AND ARBITRATION TO RESOLVE DISPUTES.FOR WAIVER OF LIABILITY SEE SECTION 20, FOR MANDATORY INFORMAL RESOLUTION SEE SECTION 21,MANDATORY ARBITRATION SEE SECTION 21, CLASS ACTION WAIVER SEE SECTION 21.

  1. You may opt in to receive Texts, including recurring promotional Texts, in various ways; for example, you may provide your mobile number through an online or paper form, or your mobile number may be collected by a Company representative over a phone call.
  2. The number of Texts you receive each month may vary depending on your interactions with us. Although Texts are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts.
  3. You understand that consent to receive promotional Texts is not required as a condition of purchasing any goods or services.
  4. Autodialer or non-autodialer technology may be used to send Texts to your mobile phone number.
  5. The Company does not guarantee availability or performance of text messaging services, and is not responsible for delays related to the transmission of Texts or for undelivered Texts.
  6. By enrolling to receive Texts, you certify that: (i) you are the age of majority in the jurisdiction in which you reside; (ii) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number); and (iii) you agree to the practices described in these Text Terms and in our Privacy Policy.
  7. You agree to maintain accurate, complete, and up-to-date information with us, including by notifying us immediately if you cease being the account holder of the mobile number you provided to receive Texts.
  8. Compatible Mobile Carriers: Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, MetroPCS, and other regional carriers. We may add or remove any wireless carriers from this program at any time without notice. Check with your carrier for details. Carriers are not liable for delayed or undelivered messages.>

9. ADDITIONAL LIMITATIONS. You acknowledge that the Company may establish Additional Terms (as set forth in Section 2) concerning the use of some areas or functionalities of the Services, including, but not limited to the number of days that memorial postings or other uploaded User Content will be retained, the size of any message that may be posted, and the amount of time during which you may access the Services. 

10. CHANGES TO THE SERVICES. The Company reserves the right to, at any time, modify, suspend, or discontinue the Services (or any portion thereof), temporarily or permanently, with or without notice. In addition, the Company’s ability to provide the Services is contingent upon many factors that may be out of the Company’s control, including, but not limited to, the continued availability of the internet or other technologies. To the fullest extent permitted by applicable law, you agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any portion thereof) for any reason at any time.

11. TERMINATION. You agree that the Company, in its sole discretion, for any reason and at any time, with or without notice, may terminate your access or use of the Services, including deactivating or deleting your Account and removing and discarding any User Content. You agree that you may not access or use the Services after: (a) your access or use have been terminated by the Company and (b) you have not received the Company’s express prior written consent for your resumed access or use of the Services. To the fullest extent permitted by applicable law, you further agree that the Company shall not be liable to you or any third party for any termination of your access or use of the Services.

12. DISCLOSURES REGARDING ARTIFICIAL INTELLIGENCE. We may utilize artificial intelligence, machine learning tools, or similar technology within the Services and our interactions with you (the “AI Tools”). You acknowledge and agree that we (or one of our vendors) may use any output generated from the AI Tools for the Company’s own commercial purposes, including recording transcriptions of customer service calls.

13. THIRD PARTY ADVERTISERS. Your communications and interactions with third party advertisers found on or through the Services are solely between you and such third party advertisers. To the fullest extent permitted by applicable law, you agree that the Company is not liable for any loss or damage of any sort incurred as the result of the acts or omissions of such third party advertisers.

14. THIRD PARTY LINKS. The Services may include links to third party websites or resources. You acknowledge and agree that the Company has no control over such third party websites and resources and is not responsible for the availability or content of such third party websites or resources. To the fullest extent permitted by applicable law, you further acknowledge and agree that the Company 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 use of or reliance on any content, goods, or services available on or through any third party website or resource.

15. DISCLAIMER. To the fullest extent permitted by applicable law, you expressly understand and agree that your use of the Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability, and non-infringement. The Company makes no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or free of errors; (c) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (d) any errors on the Services will be corrected. You understand and agree that the Company is not liable for the timeliness, deletion, mis-delivery, or failure to store any memorial postings, obituaries, User Content, or personalization settings related to the Services. You also expressly understand and agree that: (i) any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material; and (ii) no advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in these TOS.

16. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION, or (ii) $100. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES UNDER ANY CIRCUMSTANCES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR USE OR INABILITY TO ACCESS OR USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, as set forth in Section 23 below, some of the above limitations of Sections 15 and 16 may not apply to you.

18. INJUNCTIVE RELIEF. You acknowledge and agree that compliance with these TOS (and all prohibitions contained herein) is essential to the Company’s relationships with its customers as well as the Company’s reputation, standing, and goodwill in the funeral industry. In light of these considerations, you acknowledge and agree that, in the event that you violate these TOS in any manner whatsoever: (a) the Company will suffer imminent and irreparable harm whereby monetary damages may be difficult if not impossible to ascertain; and (b) any court of competent jurisdiction may immediately enjoin any breach of these TOS upon the Company’s request.

19. TRADEMARK INFORMATION. Dignity Memorial, the Dignity Memorial logo, Aftercare Planner, MeM, the MeM logo, Making Everlasting Memories, Everlasting Memorial, 24-Hour Compassion Helpline, and other Company logos and product and service names are trademarks owned or licensed by the Company. You agree not to display or use any trademarks that appear on the Services without our prior written permission.

20. INDEMNITY. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Company and its officers, agents, partners, and employees harmless from any claim, demand, or loss made by any third party due to or arising out of your access or use of the Services in any way, including, but not limited to: (a) User Content; (b) your connection to the Services; (c) your violation of these TOS; or (d) your violation of the rights of any other person or entity.  

21. DISPUTE RESOLUTION: MANDATORY INFORMAL RESOLUTION, BINDING ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER

Important: This Section 21 limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and the Company arising out of, relating to, or connected in any way with the Services, these TOS, or Additional Terms. You agree that the term “Dispute” in these TOS will have the broadest meaning possible. These TOS also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of the Company, or third party if the Company could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and the Company agree to assert all such Disputes in a single claim so they may be resolved at the same time or they will be deemed waived. This Section 21 shall survive termination of these TOS.

  1. Mandatory Informal Resolution: In the unlikely event that a disagreement arises between you and the Company, you and the Company agree to engage cooperatively to try and resolve any Dispute informally prior to initiating any legal action permitted under these TOS. The Company is always interested in resolving disputes amicably and efficiently. Many customer inquiries can be resolved quickly by calling our customer service line at 1-866-264-4718. If you have an inquiry concerning the online memorials, you can contact [email protected] or call 1-888-549-4636.

    If you still want to initiate a Dispute against the Company, you must first send by certified mail a written “Notice of Dispute” to SCI Shared Resources, LLC, Legal Department, 1929 Allen Parkway, Houston, TX 77019. The Notice of Dispute must include the following information: (1) your name and contact information; (2) the nature and basis of the claim or Dispute; and (3) the nature and basis of the relief sought (including a calculation of any damages). Your notice to us must be personally signed by you (or your attorney if you are represented by legal counsel).

    For a period of 60 days following receipt of a Notice of Dispute, you and the Company will work together using reasonable efforts to try to resolve the Dispute and neither may initiate any arbitration or lawsuit during that time. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you may commence individual arbitration, for claims subject to the Arbitration Clause in Section 21(b), or litigation, for claims excluded from the Arbitration Clause in Section 21(c), to resolve your Dispute. If the sufficiency of a Notice of Dispute or compliance with this informal resolution process is at issue, such issue may be raised with and decided by arbitration or a court of competent jurisdiction, and any arbitration or litigation shall be stayed pending resolution of the issue. The arbitration or the court shall have the authority to enforce this condition precedent.

If such efforts prove unsuccessful and you intend to seek arbitration, you must first send by certified mail a written notice of dispute to SCI Shared Resources, LLC, Legal Department, 1929 Allen Parkway, Houston, TX 77019. The notice of dispute must describe the nature and basis of the claim or dispute and set forth the specific relief sought.

  1. MUTUAL ARBITRATION AGREEMENT. You and the Company agree to arbitrate all Disputes between us (the "Arbitration Agreement") except as otherwise provided in Section 21(c). This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before or after the existence of this Arbitration Agreement as well as to claims that may arise after the termination of these TOS.
  2. CLAIMS NOT SUBJECT TO ARBITRATION. The following Disputes are excluded  from the Arbitration Agreement: (i) any Dispute that may be resolved in small claims court on an individual basis within the scope of such court’s jurisdiction; (ii) any Dispute arising from any act in furtherance of a person’s right of petition or free speech under the United States Constitution or the California Constitution resolved in state or federal court; and (iii) any action to protect intellectual property rights (like patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information).
  3. ARBITRATION RULES AND PROCEDURES. You and the Company agree that the Arbitration Agreement involves interstate commerce and the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) govern this Arbitration Agreement. You and the Company agree that any arbitration will be conducted by National Arbitration and Mediation (“NAM”) in accordance with  NAM’s most current version of the Comprehensive Arbitration Rules and Procedures, available at namadr.com/resources/rules-fees-forms, including the Supplemental Rules for Mass Arbitration Filings (“NAM Rules”). The NAM Rules are expressly included in this TOS by reference. If NAM is unavailable or unwilling to hear the dispute, You and the Company agree to select an alternative provider. If you and the Company are unable to agree on an alternative provider, the Court may appoint one.  The party seeking to arbitrate must forward their arbitration demand to the other party and file their arbitration demand with NAM.  If you are initiating arbitration, a copy of the demand shall also be mailed to SCI Shared Resources, LLC, Legal Department, 1929 Allen Parkway Houston, TX 77019.

    The arbitrator shall have exclusive authority to: (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable and whether a claim is subject to arbitration. The parties may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator(s) or the NAM Administrator (if a decision is needed prior to the appointment of the Arbitrator(s)) shall determine the actual location of the hearing.  Subject to the applicable NAM rules and procedures, you and the Company agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include a written decision stating the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. Damages and/or other relief must be consistent with the terms of these TOS as to the types and the amounts of damages or other relief for which a party may be held liable[4.1]. The arbitrator may order the imposition of sanctions against one or more Parties, which may include, but are not limited to, assessment of arbitration fees and costs, attorneys’ fees, and/or any other costs resulting from the sanctionable conduct. Any judgment on the award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction.

    The payment of arbitration fees will be governed by the applicable NAM Rules, unless you qualify for a fee waiver. If the arbitrator finds that the arbitration fees will be prohibitive for you as compared to litigation, the arbitrator may apportion arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or brought for an improper purpose or asserted in bad faith. You and the Company agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees. NAM has discretion to reduce the amount or modify the timing of any administrative, filing, or arbitration fees due under NAM’s Rules where it deems appropriate provided that such modification does not increase the costs to You. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.
  4. CLASS AND COLLECTIVE ACTION WAIVER: Except as provided in Section 21(g), You and the Company explicitly agree to the fullest extent allowable and enforceable under applicable law, that any Dispute, including any arbitration or lawsuit, must be decided on an individual basis. NO DISPUTE SHALL BE ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. The claims of other persons or parties who may be similarly situated may not be consolidated or joined absent the express written consent of the Company. Relief (including injunctive relief, if available) may only be awarded on an individual basis. Notwithstanding any other clause contained in these TOS, any challenge to the validity of this Section 21(e) must be determined by a court of competent jurisdiction and not by an arbitrator.
  5.  WAIVER OF JURY TRIAL: Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to, their constitutional or statutory right) to a trial by jury in any legal proceeding for any Dispute, including but not limited to disputes arising out of or relating to these TOS or the relationship of the parties.
  6. BATCH ARBITRATION. To increase the efficiency of administration and resolution of arbitrations, in the event 10 or more similar individual arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against the Company within a 90 day period (a “Mass Filing”), the parties agree to: (1) administer the Mass Filing in batches of up to 10 claims per batch (plus, to the extent there are less than 10 claims left over after the batching described above, a final batch consisting of the remaining claims), regardless of whether any such claims are originally processed as individual arbitrations; (2) the appointment of one arbitrator for each batch, provided that each individual claimant shall retain the opportunity to object to the appointed arbitrator in accordance with NAM Rules and applicable law; (3) accept applicable fees, including any related fee reduction determined by NAM in its discretion; (4) the resolution of each batch as a single consolidated arbitration with one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, provided that the parties agree to cooperate in good faith to establish a process to address individual issues; and (5) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by the Company and the claimants, shall only be due after the demands for arbitration are included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication.
  7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST THE COMPANY, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

22. GOVERNING LAW AND JURISDICTION. These TOS and the relationship between you and the Company shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Subject to Section 21, you hereby consent and submit to personal jurisdiction in the state and federal courts located in Harris County, Texas

23. CONSUMER PROTECTION NOTICE. Please note that, if you are a consumer, the limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Nothing in this Section 23 shall modify Section 21 (except Section 214(h)).

If you are a New Jersey consumer, the terms of Sections 3, 4, 5, 6, 10, 11, 13, 14, 15, 16, 17, 20, 21(h), and 22 do not limit or waive your rights under New Jersey law. The limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence.

If you are a California consumer, 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 Services or to receive further information regarding the access or use of the Services.

If you are a Quebec consumer, the terms of Sections 20 and 21 do not limit or waive your rights under Quebec law. The limitations in these TOS are intended to be only as broad and inclusive as is permitted by the laws of the Province of Quebec. Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the Province of Quebec and under the laws of your province of residence.

24. GENERAL INFORMATION. The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOS shall remain in full force and effect.

25. MISCELLANEOUS.

  1. COMPLETE AGREEMENT: These TOS constitute the entire agreement between you and the Company with respect to the use of the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services.
  2. SEVERABILITY; INTERPRETATION: If any provision of these TOS is found to be invalid, unlawful, void, or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall be deemed severable from these TOS and such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full TOS.
  3. ASSIGNMENT: The Company may assign its rights and obligations under these TOS, in whole or in part, to any party at any time without any notice. These TOS may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.