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Frazer Consultants Terms of Use

Last Updated: 09/04/2020

These Terms of Use, together with Frazer Consultants’ Privacy Policy, (collectively, the “Terms”) set forth the terms and conditions that apply to your access and use of the website of Frazer Consultants LLC (https://www.frazerconsultants.com/) (“Frazer” “we” or “us”) and associated services, including Frazer services that are available through the websites of our client funeral homes and other funeral professionals (together, the “Sites”), whether as a client, end user or customer of a client, or otherwise. “Frazer” includes all officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Frazer concerning your access to and use of the Sites.

By using or accessing the Sites, you agree to these Terms, as may be updated from time to time in accordance with Section 9 below.

1. Account Security. To use the Sites you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Sites; and (iii) register for and use the Sites in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Sites, 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 Frazer 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 help@frazerconsultants.com.
3. Prohibited. You agree not to:
   1. Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law;
   2. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
   3. 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;
   4. Interfere in any way with security-related features of the Sites;
   5. Interfere with the operation or any user’s enjoyment of the Sites, 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;
   6. Access, monitor or copy any content or information of the Sites using any robot, spider, scraper, or other automated means or any manual process for any purpose without Frazer’s express written permission;
   7. Use, reproduce, modify, distribute or store any part of the Sites (including obituaries, event information, or other content) for any purpose without the prior written permission of Frazer;
   8. 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; or
   9. Sell or otherwise transfer the access granted herein.
4. Third Party Content. The Sites may contain links to third party websites and services. Frazer provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Frazer 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.
5. Intellectual Property. You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video, or post or submit other content (together, “content”) to Frazer or any website of any funeral home operated by Frazer, such content will be shared with and stored by Frazer and its affiliates and partners, including but not limited to Tribute Archive (tributearchive.com). You further acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Frazer through the Sites. The Sites are protected by applicable copyright and other intellectual property laws, and no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Sites belong to Frazer, except third-party trademarks or service marks, which are the property of their respective owners.
6. User Content. You represent and warrant that you own or otherwise have the right to use any content you post to the Sites. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:

Adam Hovey
Frazer Consultants, LLC
2501 Parmenter Street – Suite 300A
Middleton, WI 53562
Phone: (608) 588-8522
Fax: (866) 447-0311
Email: adam@frazerconsultants.com

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Frazer 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 Frazer or others.

1. Indemnification. You agree that you will be personally responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless Frazer 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 Sites; (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; or (iv) any disputes or issues between you and any third party. Frazer 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.
2. Termination. If you violate these Terms, your permission to use the Sites will automatically terminate. In addition, Frazer in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites at any time, with or without notice to you. You may terminate your account at any time by contacting Frazer at help@frazerconsultants.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Frazer 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 Sites.
3. Modification of the Terms. Frazer reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Sites following notice will be deemed acceptance of any modifications to the Terms.
4. Disclaimers of Warranties. The Sites are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Frazer seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Sites, and there may at times be inadvertent technical or factual errors or inaccuracies. Frazer specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or 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. Frazer does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Sites.
5. Limitation of Liability. In no event will Frazer be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Frazer has been informed of the possibility of such damage. 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.
6. Governing Law. These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Frazer agree to submit to the exclusive personal jurisdiction of the state courts of Wisconsin, or, if such court shall not have jurisdiction, any federal court of the United States, and appropriate appellate courts therefrom, for the purpose of litigating all such disputes.
7. Modification of the Sites. Frazer reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites at any time without any notice or further obligation to you. You agree that Frazer will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites.
8. General.
   1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and Frazer regarding your use of and access to the Sites, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
   2. 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.
   3. 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.
   4. 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.
9. 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 S-202, 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.

Frazer Consultants Privacy Policy

Last updated: 1/28/2021

Frazer Consultants, LLC (“Frazer,” “we,” “us,” “our”) 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, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you. 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

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

Frazer also maintains an online presence, including an ecommerce store, the Tribute Store, offering certain funeral paraphernalia and related products, and 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 Frazer’s collection and use of personal information from Tribute Users and other individuals who interact directly with Frazer.

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 and marketing preferences)
• Recruitment data (for example, resumes and other details regarding an applicant’s qualifications)

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 website 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 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 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.
• Recruitment and hiring. We may use your personal information to evaluate your candidacy when you apply for a job with us.

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, this website does 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, recruitment and hiring, 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.

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 good 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 1-866-372-9372. 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 e-mail at privacy@frazerconsultants.com or by mail at:

Frazer Consultants LLC
2501 Parmenter Street, Suite 300A
Middleton, WI 53562