Tukios Terms of Use: Last updated 10/4/23
TUKIOS CROWDFUNDING TERMS OF SERVICE
Tukios, Inc. ("Tukios", “we”, “us”, or “our”) provides a variety of services, features and tools. Tukios offers these services, features and tools at www.tukios.com and other websites and applications powered by Tukios (collectively the “Services”). Additional terms may apply to Services. Please read all terms and policies applicable to the Service before using any Tukios Services. These may include, without limitation, as applicable to the Service, the Tukios Privacy Policy and other terms available at Tukios.com/Legal and your applicable customer agreement(s). These Tukios Crowdfunding Terms of Service (“Terms of Service”) apply to your use of the Tukios’s Crowdfunding Feature, available to Tukios customers through Tukios’s platform Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
ARBITRATION NOTICE. You agree that disputes arising under these Terms of Service will be resolved by binding, individual arbitration as further described in Section XVII, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
I. AGREEMENT TO TERMS
A. Binding. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity you represent (all such individuals and entities referred to herein as “you”) and Tukios, concerning your access to and use of the tools, software and services constituting a feature which facilitates the creation and management of private fundraisers in connection with Tukios funeral home platform Services (collectively, the “Crowdfunding Feature”). Tukios is registered in the State of Utah, United States, and have our registered office at 2326 Washington Blvd., #303, Ogden, UT 84409. You agree that by accessing the Crowdfunding Feature, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE CROWDFUNDING FEATURE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
B. Updates and Additional Terms. Supplemental terms and conditions or documents that may be posted within the terms applicable to your platform Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating
the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms every time you use our Crowdfunding Feature so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Crowdfunding Feature after the date such revised Terms of Service are posted.
C. Not For Use Where Prohibited. The information provided on the Crowdfunding Feature is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the
Crowdfunding Feature from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Crowdfunding Feature may not be made available or used within the State of California.
D. Industry Regulations. The Crowdfunding Feature is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Crowdfunding Feature. You may not use the Crowdfunding Feature in a way that would violate the Gramm-Leach-Bliley Act (GLBA). E. Minors. The Crowdfunding Feature is intended for users who are at least 18 years of age. A parent, guardian or educational supervisor will be responsible for any activities of a “Minor” (as defined in the applicable jurisdiction, generally under 18 years of age) in connection with the Services regardless of whether the Minor has received permission from the parent, guardian, or educational supervisor to use the Services. Pursuant to 47 U.S.C. Section 230 et seq, as amended, Tukios hereby notifies you that parental control protection (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting material that is harmful to Minors.
II. USE OF SERVICE; USER REPRESENTATIONS
A. Basic Terms of Use. The Crowdfunding Feature may be used only by authorized representatives of a licensed funeral home business customer of Tukios’s platform Services (each an “Authorized User”). Only Authorized Users of such Services may use the Crowdfunding Feature to create a “Funeral Fund” to accept monetary donations from “Donors.” The Funeral Fund will become active solely on the funeral home customer website (“Site”) for which Authorized User licenses Services from Tukios. In order for a Funeral Fund to become active on the Site, it must be linked to a valid bank account associated with the funeral home business customer (“Authorized Bank Account”) and be accepted by the Authorized User.
In connection with each Funeral Fund, the Authorized User must provide certain information (collectively the “ Campaign Information”),
including without limitation: the names of all beneficiaries of donated funds (“Beneficiaries”), the limited purpose for which funds arebeing solicited in conformance with Section III (Limited Purpose) below (“Purpose”), the maximum cumulative amount to be collected(“Goal”), a name and contact information for any inquiries regarding the Funeral Fund, and related information, such as the decedent’s name and funeral service information, as you may provide in connection with the Funeral Fund.
B. Your Responsibilities. By using the Crowdfunding Feature, you represent and warrant that: (1) you are a licensed business customer of Tukios’s platform Services (for example, a funeral director of a funeral home with a website powered by Tukios Services), (2) all Campaign Information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such Campaign Information and promptly update such information as necessary; (4) you are an adult over the age of 18, have all necessary legal capacity and authority, and you agree to comply with these Terms of Service; (5) the Authorized Bank Account is a valid business bank account of the funeral home, (6) Authorized User is providing funeral home, cremation, memorial or similar services for the Beneficiaries, (7) prior to creating the Funeral Fund, Authorized User has obtained an enforceable written consent of the Beneficiaries and, if the Beneficiaries are not the legal representative of the estate and affairs decedent, of such legal representative of the decedent (“ Legal Representative”) to publish the Campaign Information and solicit donations for the Funeral Fund and as contemplated herein (see Section VIII Services
Content), (8) you will not access the Crowdfunding Feature or Funeral Fund(s) through automated or non-human means, whether through a1bot, script or otherwise; (9) you will not use the Crowdfunding Feature or Funeral Fund(s) for any illegal or unauthorized purpose; (10) you will monitor and maintain the Funeral Fund(s) in accordance with these Terms of Service and all reasonable policies and instructions
provided to you by Tukios from time to time, (11) the Goal for each Funeral Fund does not exceed the funds reasonably required by the Beneficiaries for the Purpose, and if funds are made available for the Purpose outside of the Funeral Fund, you will adjust the Goal accordingly, (12) all funds solicited or collected through the Funeral Fund shall be applied solely for the Purpose, and in no event may
funds be solicited for any charitable organization, foundation, nonprofit association or other not for profit entity , (13) your use of the Crowdfunding Feature will not violate any applicable law or regulation, (14) neither you, your business, nor any Donor shall be located in the State of California, (15) you will remove a Funeral Fund upon the earlier to occur of the date of expiration, the date the Goal is reached, or (if no earlier expiration date applies) the six month anniversary of the Funeral Fund, (16) you will do nothing to obscure or prevent any Donor from viewing and accepting the Donor Terms of Service prior to making a donation, and shall never mandate or require any individual to be a Donor.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Crowdfunding Feature (or any portion thereof).
C. Linking. You are granted a limited, non-exclusive right to link each Funeral Fund you create to the Site, provided your link does not portray Tukios or the Crowdfunding Feature as the organizer of the Funeral Fund or otherwise portray Tukios in a negative, false, misleading, derogatory, or otherwise defamatory manner. Links to Funeral Funds may not be placed on any site that contains illegal, adult,
offensive or otherwise objectionable material.
III. LIMITED PURPOSE, FUND LIMITS
The Purpose of each Funeral Fund will be accurately and clearly defined by the Authorized User for each Funeral Fund. Authorized User
agrees that Funeral Funds may solely be used in connection with one or more of the following permitted purposes: (A) payment of funeral,
cremation, memorial, burial and related expenses which are payable to you or your vendors, as funeral services provider for the
Beneficiaries, and (B) costs arising from the death of deceased for which Beneficiaries are financially responsible, and for which you have
received detailed invoices or receipts, and (C) general living expenses, educational expenses, and other ordinary expenses of the
Beneficiaries. You represent and warrant that all Donations made through the Funeral Fund shall be applied to the categories of costs, in
the order of application of funds, as approved by the Legal Representatives in writing, and that your description of Purpose shall explain
such costs and order of application. You shall explain these terms to Beneficiaries prior to establishing a Funeral Fund and provide them a
copy of all applicable Donor Terms of Service.
Goal amounts for any Funeral Fund may not exceed $50,000. No single donation by a Donor may exceed $50,000.
Tukios reserves the right to remove any Funeral Fund which remains active longer than six months.
IV. USER REGISTRATION; PASSWORDS
You may be required to register with Tukios or its service providers prior to use of the Crowdfunding Feature. You agree to keep your
password(s) confidential and will be responsible for all use of your account and password(s). You will immediately notify Tukios if you
believe your password has been stolen or misused.
V. SERVICES
All Tukios features and Services, including the Crowdfunding Feature, are subject to availability. We reserve the right to discontinue any
Services at any time for any reason. Fees applicable to Services are subject to change.
VI. PAYMENT AND TIPS
A. Fees. Tukios does not charge you or Donors any fees for creating Funeral Funds or for receiving donations. A fee is deducted from each
donation for payment processing which is payable directly to our third party payment processor. Donors to a Funeral Fund acknowledge
that their donation is in agreement with the terms and services of the third party payment processor as well as these Terms of Service.
Service fees and payment processing fees are provided below:
Stripe charges a processing fee of 2.9% + $0.30 per donation (See Stripe Terms)
B. Responsibility for Account. You agree to provide current, complete, and accurate purchase and account information for all account
information provided in connection with the Crowdfunding Feature. You further agree to promptly update account, Authorized Bank
Account, and related information, so that we can complete your transactions and contact you as needed.
C. Refusal; Suspension. We reserve the right to refuse any Funeral Fund created, or donation made, through the Crowdfunding Feature.
We may, in our sole discretion, limit or cancel Funeral Funds or donations which do not comply with these Terms of Service or which are
pending active investigation for a possible breach of these or other applicable terms, laws or regulations.
D. Tipping. The Crowdfunding Feature allows Donors to pay an optional tip (“Tip”), which is paid directly to Tukios.
E. Payment Processing. Payments will be processed and distributed to the Authorized Bank Account in accordance with Stripe’s then-
current terms. You are responsible for Promptly Distributing funds to the Beneficiaries, or to the extent the Purpose contemplates payment
for Your services, to the Beneficiaries’ account with your funeral services business. If the funds received for any Funeral Fund exceed the
Goal, you are responsible for Promptly Distributing refunds of such amounts in excess of the Goal to the applicable Donors. As used
herein, “Promptly Distributing” means not later than thirty days from the date such funds were distributed by Stripe to the Authorized
Bank Account, provided that notwithstanding the foregoing, distribution of funds may be delayed for so long as then-current total funds
held by you for such Funeral Fund are less than $100, and provided all funds are distributed not later than thirty days from the date such
Funeral Fund is deactivated regardless of amount.
Refunds of donations are generally not available, provided that Tukios may permit refunds on a case by case basis, in its sole discretion
with written approval, and subject to applicable Stripe Terms.
VII. AUTHORIZED USER LICENSE
A. Scope. Tukios grants you permission (which may be revoked at any time for any reason or no reason) to view, use, and create and
manage Funeral Funds using the Crowdfunding Feature and to download, integrate via authorized social media application, display,
publish, email, or print individual public pages of the Crowdfunding Feature in accordance with these Terms of Service and solely in
connection with your Site, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is
permitted. You may not, for example, incorporate the information, content, or other Material from the Crowdfunding Feature in any
database, compilation, archive, or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish,
reuse, resell, license, create derivative works from, transfer, or sell any information, content, software, products, other Material, or services
2obtained through the Crowdfunding Feature, except as specifically noted above. Except as specifically authorized by Tukios, you may not
deep-link to the Crowdfunding Feature for any purpose or access the Crowdfunding Feature with any robot, spider, web crawler, extraction
software, or any other automated process or device to scrape, copy, or monitor any portion of the Crowdfunding Feature or Funeral Funds
or any information, content, or Material from the Crowdfunding Feature or Funeral Funds. Tukios reserves all of its statutory and common
law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Crowdfunding Feature or
any content contained therein, whether in whole or in part, except as enabled by Tukios platform Services for your applicable Site. Any
rights not expressly granted herein are reserved.
B. Authorized User Conduct. You agree that your use of the Crowdfunding Feature is subject to all applicable local, state, national and
international laws and regulations. You also agree:
1. to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of
technical data exported through the Crowdfunding Feature from the US or the country in which you reside;
2. not to host, submit content to or use the Crowdfunding Feature without the consent of a parent, guardian, or educational supervisor
if you are a Minor;
3. not to use the Crowdfunding Feature for fraud or any other illegal purposes;
4. not use the Crowdfunding Feature to solicit funds for public charities, foundations, churches, schools, benevolent organizations, or
other charitable organizations;
5. not to commit any acts of infringement on the Crowdfunding Feature or with respect to the Campaign Information or other Funeral
Fund content;
6. not to use the Crowdfunding Feature to engage in commercial activities;
7. not copy any Campaign Information or other content, including death notices, for republication in any other newspaper or other
publication, whether in print or on-line;
8. not to create or maintain content in connection with the Crowdfunding Feature for or with any commercial or other purpose or intent
that does not in good faith comport with the purpose or spirit of the Crowdfunding Feature, including but not limited to acquiring,
designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or
friend of a deceased person from establishing or using the Crowdfunding Feature in that person’s name, and linking to any
commercial or other website from the Crowdfunding Feature;
9. not to attempt to gain unauthorized access to other computer systems from or through the Crowdfunding Feature;
10.not to interfere with another person’s use and enjoyment of the Crowdfunding Feature or another entity’s use and enjoyment of the
Crowdfunding Feature;
11.not to use the Crowdfunding Feature for chain letters, junk mail, spamming, or use of distribution lists;
12.not to upload or transmit viruses or other harmful, disruptive or destructive files;
13.not to disrupt, interfere with, or otherwise harm or violate the security of the Crowdfunding Feature, system resources, accounts,
passwords, servers, or networks connected to or accessible through the Crowdfunding Feature or affiliated or linked sites (including
those of our other customers’ Sites),
C. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and
incalculable that monetary compensation may not be a sufficient or appropriate remedy.
VIII. SERVICES CONTENT
A. Nature of Material. Some features of the Crowdfunding Feature, including, without limitation the ability to create and maintain
Funeral Funds, post Campaign Information, and/or submit condolence messages, may allow you and others to post, upload, transmit,
display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information,
articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”). You agree not to Submit any Material
that:
1. contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste,
inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
2. is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross
exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third-party, is unreasonably harmful or
offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other
person, business or entity;
3. unfairly interferes with any third-party’s uninterrupted use and enjoyment of the Crowdfunding Feature;
4. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
5. is intended primarily to promote a cause or movement, whether political, religious or other;
6. contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content)
without the express permission of the owner of the copyrights in the content;
7. constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local,
state, national or international law, rule, guideline or regulation, or otherwise creates liability;
8. discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational
supervisor;
9. discloses any personal identifying information, financial, medical or health information, or other personal or private information
relating to or images of a decedent without consent of the applicable Legal Representative of such decedent;
10.discloses any personal identifying information, financial, medical or health information, or other personal or private information
relating to or images of a Beneficiary without consent of the applicable Beneficiary;
11.infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
12.contains viruses or other harmful, disruptive or destructive files;
13.harms or is inappropriate for minors to view;
14.links to any commercial or other website;
15.is not otherwise in compliance with these Terms of Service.
B. Authorized User Representations and Warranties regarding Material. Each time you Submit Material (including all Campaign
Information) to the Crowdfunding Feature, you represent and warrant that you have the right to Submit such Material, which means:
1. you are the author of the Material, or the Material is not protected by copyright law, or you have express permission from the
copyright owner and owner of rights of publicity (if applicable) to post the Material to the Crowdfunding Feature; and
2. you have the right to grant Tukios the license set out in these Terms of Service; and
3. the Material you Submit does not violate these Terms of Service.
C. User License Grant to Tukios. You grant Tukios a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy,
modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide
3to Tukios in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of
the previous sentence, you authorize Tukios to include the Material you provide in a searchable format that may be accessed by users of
the Crowdfunding Feature and other websites. You also grant Tukios the right to use your business name and any other information about
you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Tukios the right to use the
Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to
us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and
services. You grant all rights described in this paragraph in consideration of your use of the Crowdfunding Feature without the need for
additional compensation of any sort to you. Tukios does not claim ownership of Material you Submit to the Crowdfunding Feature. You
consent to receive e-mail messages from Tukios from time to time to inform you of products and services that Tukios believes may be of
interest to you.
D. Disclaimer of Responsibility for Material. You acknowledge and agree that Tukios does not control user-generated content or
Material Submitted to the Crowdfunding Feature and disclaims any responsibility for such Material. Tukios specifically disclaims any duty,
obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such content, or other Material. In addition, Tukios does
not represent or warrant that any other content or information accessible via the Crowdfunding Feature is accurate, complete, or current.
Availability of information is subject to change without notice. Tukios assumes no responsibility or liability for any errors or omissions in the
content of the Crowdfunding Feature.
Nothing in this Section limits your or any Authorized User’s obligations with respect to the accuracy, truthfulness, completeness or
correctness of the Campaign Information and as otherwise required of such parties herein.
E. Review & Removal of Material.
1. You have the sole and exclusive responsibility for reviewing, screening, refusing to post, removing, editing and monitoring all
content on your Site and in connection with any Funeral Fund created hereunder, including any user Material posted in connection
with such Funeral Funds.
2. Tukios reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their
entirety, or edit (at any time and without prior notice) any content or any Material available through the Crowdfunding Feature that
Tukios believes, in its absolute and sole discretion, may violate Sections VII(B), VIII(A)-(B) above. Tukios also reserves the right (but
disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior
notice) any content or Material available through or Submitted to the Crowdfunding Feature for any reason or no reason whatsoever,
in its absolute and sole discretion.
3. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted
by the Crowdfunding Feature infringes your copyright, you (or your agent) may send Tukios a notice requesting that the content or
Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of
the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a
representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow Tukios to locate the content or Material within the Crowdfunding Feature; (d)
the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the
complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you
believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to Tukios, Inc,
2326 Washington Blvd., #303, Ogden, UT 84409, [_____@tukios.com] . Tukios suggests that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to
terminate the account of any user who is a copyright infringer.
4. Proprietary Rights. You acknowledge and agree that the Crowdfunding Feature contain proprietary information and content that is
protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without
advance, written permission of Tukios. All designs, text, graphics, interfaces, and images (and the selection and arrangements
thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in
the Crowdfunding Feature are ©2023 Tukios, all rights reserved.
IX. INDEMNITY
You agree to indemnify, defend, and hold Tukios, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees
harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by
anyone in connection with your use of the Crowdfunding Feature, with Material or Information you Submit on or through the Crowdfunding
Feature or any Funeral Fund, with any alleged infringement of intellectual property or other right of any person or entity relating to the
Crowdfunding Feature or any Funeral Fund, your violation of these Terms of Service, and any other acts or omissions relating to the
Crowdfunding Feature or any Funeral Fund.
X. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY TUKIOS, ITS AFFILIATES, AGENTS AND
REPRESENTATIVES THROUGH THE CROWDFUNDING FEATURE, INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS,
AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUKIOS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
XI. LIMITATION OF LIABILITY
IN NO EVENT SHALL TUKIOS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF TUKIOS HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. TUKIOS ASSUMES NO
RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES.
4TUKIOS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION,
CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR
ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY,
PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL
TUKIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO TUKIOS IN CONNECTION WITH THE
CROWDFUNDING FEATURE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND TUKIOS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL,
BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION
TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND
TUKIOS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION XI ABOVE.
XII. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
A. Your Right to Terminate Crowdfunding Feature. You may cancel or terminate your password, account and/or use of the
Crowdfunding Feature, with or without cause at any time, upon providing written notice to Tukios. Upon termination, your right to use the
Crowdfunding Feature immediately ceases. Your notice to Tukios of cancellation or termination must be sent via email or conventional mail
to Tukios’s address as set forth in these Terms of Service. However, cancellation of your use of the Crowdfunding Feature shall not cause
the cancellation of any other Services, including all platform Services relating to the Site. If you wish to cancel any other Services, please
see the applicable terms for such Services.
B. Tukios Right to Terminate. Tukios, in its sole and absolute discretion, and at any time and with or without prior notice to you. may
suspend, cancel, transfer, or terminate your password, account, and/or use of the Crowdfunding Feature for any reason whatsoever
(including and without limitation, due to lack of use, commercial use, cybersquatting, Tukios’s resolution of any dispute among multiple
persons claiming the right to use the same or similar accounts or services, or Tukios’s belief, in its absolute and sole discretion, that you
have violated or acted inconsistently with the letter or spirit of these Terms of Service). In the event of a dispute or conflict among, or
complaint from, users of the Crowdfunding Feature about another’s right to establish, use, or maintain an account or Crowdfunding
Feature, Tukios reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without
factual or other investigation.
C. Effect of Termination. Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of
the Crowdfunding Feature, you will have no right to any Funeral Fund, Campaign Information and related Material or Information you
Submitted, and Tukios may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Funeral Funds,
Campaign Information, Material or Information. Tukios accepts no liability for removed or deleted Material or Information. In addition, any
contracts (verbal, written, or assumed) with respect to your account, Funeral Funds, Campaign Information, Material or Information you
Submit, and/or use of any Crowdfunding Feature, will be terminated at Tukios’s discretion. You agree that Tukios shall not be liable to you
or any third-party for any termination of your access to any Crowdfunding Feature.
Upon suspension, cancellation, or termination of your account or your use of Crowdfunding Feature (for whatever reason), there shall be
no refund of money you paid to Tukios. You are responsible for maintaining access and control to the Authorized Bank Account, and for
distribution of funds therein in conformance with these Terms of Service.
XIII. FEATURE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Crowdfunding Feature for violations of these Terms of Service; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Funeral Funds, Campaign Information, Materials or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Crowdfunding Feature or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Crowdfunding
Feature in a manner designed to protect our rights and property and to facilitate the proper functioning of the Crowdfunding Feature and
the Services.
XIV. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: tukios.com/privacy-policy.html. By using the Crowdfunding
Feature, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the
Crowdfunding Feature and related Services are hosted in the United States. If you access the Crowdfunding Feature from any other region
of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Crowdfunding Feature, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to Minors. Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and
verifiable parental consent, we will delete that information from the Crowdfunding Feature as quickly as is reasonably practical.
XV. CONSIDERATION
You acknowledge that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which
are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use
of the Crowdfunding Feature and receipt or use of data, content, products, services, Material and Information available at or through the
Crowdfunding Feature, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and
promotion from our review, use or display of your user-generated content.
XVI. THIRD-PARTY SOFTWARE
If you elect to download or access any third-party software that Tukios makes available in connection with the Crowdfunding Feature or
related Services, you understand that you may have to agree to that third-party provider’s terms of use or license before you use such
software. You also agree that the use of any third-party software or content obtained in connection with the Crowdfunding Feature does
not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software
5except as expressly authorized under that third-party provider’s terms of use or license agreement. By downloading software made
available through the Crowdfunding Feature, you are deemed to agree to the third-party provider’s terms of use or license agreement, the
terms of which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the third-party’s
terms of use or license agreement, do not download its software.
XVII. ARBITRATION
A. Generally. In the interest of resolving disputes between you and Tukios in the most expedient and cost effective manner, and except
as expressly described herein, you and Tukios agree that every dispute arising in connection with these Terms of Service will be resolved
by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may
allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect
of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of
whether a claim arises during or after the termination of these Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND TUKIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of this Section, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise
limit the right of either party to: (1) bring an individual action in small claims court; (2) pursue an enforcement action through the
applicable federal, state, or local agency if that action is available; (3) seek injunctive relief in a court of law in aid of arbitration; or (4) to
file suit in a court of law to address an intellectual property infringement claim.
C. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days
after the date that you agree to these Terms of Service by sending a letter to Tukios, Attention: Legal Department Arbitration Opt-Out –
2326 Washington Blvd., #303, Ogden, UT 84409 that specifies: your full legal name, the email address associated with your account on
the Crowdfunding Feature, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice”). Once Tukios receives your Opt-Out
Notice, this Section will be void and any action arising out of these Terms of Service will be resolved as set forth in Section XVIII (Governing
Law) The remaining provisions of these Terms of Service will not be affected by your Opt-Out Notice.
D. Arbitrator. Any arbitration between you and Tukios will be settled under the Federal Arbitration Act and administered by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service.
The AAA Rules and filing forms are available online at https://www.adr.org/, by calling the AAA at +1-800-778-7879, or by contacting
Tukios. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this
binding arbitration agreement.
E. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other
party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical
address, then by electronic mail (“Notice of Arbitration”). Tukios’s address for Notice of Arbitration is: Tukios, 2326 Washington Blvd.,
#303, Ogden, UT 84409, ATTN: Legal Dpt: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief
sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to
do so within 30 days after the Notice of Arbitration is received, you or Tukios may commence an arbitration proceeding. All arbitration
proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount
of any settlement offer made by you or Tukios must not be disclosed to the arbitrator until after the arbitrator makes a final decision and
award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Tukios in settlement of the
dispute prior to the award, Tukios will pay to you the higher of: (3) the amount awarded by the arbitrator and (4) US $10,000.
F. Fees. If you commence arbitration in accordance with these Terms of Service, Tukios will reimburse you for your payment of the filing
fee, unless your claim is for more than US $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any
arbitration hearing will take place at a location to be agreed upon in the county and state of your residence or billing address, but if the
claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted
to the arbitrator; (2) through a non-appearance based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in
the county (or parish) of your permanent residence. If the arbitrator finds that either the substance of your claim or the relief sought in the
Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),
then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tukios for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is
conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees
or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the
merits.
G. No Class Actions. YOU AND TUKIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both
you and Tukios agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding.
H. Modifications to this Arbitration Provision. If Tukios makes any future change to this arbitration provision, other than a change to
Tukios’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Tukios’s
address for Notice of Arbitration, in which case your account with Tukios will be immediately terminated and this arbitration provision, as in
effect immediately prior to the changes you rejected will survive.
I. Enforceability. If Section XVII(G) (No Class Actions) or the entirety of this Section is found to be unenforceable, or if Tukios receives an
Opt-Out Notice from you, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue
described in Section XVIII will govern any action arising out of or related to these Terms of Service.
XVIII. GOVERNING LAW
The Crowdfunding Feature are created and controlled by Tukios in the State of Utah, U.S.A. You agree that these Terms of Service will be
governed by and construed in accordance with the laws of the United States of America and the State of Utah, without regard to its
conflicts of law provisions. Use of the Crowdfunding Feature is unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms of Service. Tukios makes no claims or assurances that the Crowdfunding Feature are appropriate or may be downloaded
outside of the United States. If you have opted out of arbitration under Paragraph XVII(C) of these Terms of Service, you agree that all legal
proceedings arising out of or in connection with these Terms of Service or the Crowdfunding Feature must be filed in a federal or state
court located in Salt Lake City, Utah, within one year of the time in which the events giving rise to such claim began, or your claim will be
forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of
process.
6XIIX. GENERAL
A. Enforceability. If any portion of these Terms of Service is found to be void, invalid or otherwise unenforceable, then that portion shall
be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The
remainder of these Terms of Service shall continue to be enforceable and valid according to terms contained herein.
B. Entire Agreement. Except as expressly provided in a particular “Legal Notice” or other notice on particular pages of the Services,
these Terms of Service, which hereby incorporate by reference the terms of Tukios’s Privacy Policies, constitute the entire agreement
between you and Tukios, superseding all prior agreements regarding the Crowdfunding Feature.
C. No Waiver. The failure of Tukios to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of
said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Service or for failure in
performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence,
including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil
disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
D. Headings & Construction. The section titles in the Terms of Service are for your convenience only and carry no contractual or legal
effect whatsoever. The language in these Terms of Service shall be interpreted in accordance with its fair meaning and shall not be strictly
interpreted for or against either party.
E. Contact Tukios. For purposes of providing notice of cancellation or termination, contact Tukios at Contact Us or Tukios, Inc, 2326
Washington Blvd., #303, Ogden, UT 84409.
XIX. ELECTRONIC COMMUNICATIONS; SMS SERVICES
Visiting the Crowdfunding Feature, sending us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Crowdfunding Feature, satisfy any legal requirement that such communication be in writing. If Tukios
determines to communicate with you via text message, you consent to receive such text messages from Tukios. Depending on your
phone plan, additional rates may apply to such messages. Tukios reserves the right to begin, suspend or stop your receipt of Tukios text
messages or to discontinue sending text messages.
XX. NOTICE TO CALIFORNIA USERS
The Crowdfunding Feature may not be made available or used within the State of California. Under California Civil Code
Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
