TERMS OF USE

By using this site, you agree to the following conditions. If you disagree with any of the conditions, do not use this site.

We reserve the right to change these conditions at any time, so please check for changes when you use the site. Your continued use of the site following the posting of changes to these conditions means that you accept those changes.

Licenses and Restrictions

This site is owned and operated by Precoa, LLC. All material found at this site (including visuals, text, icons, displays, databases, media, and general information), is owned or licensed by us. You may view, download, and print material from this site only for your personal, noncommercial use unless otherwise indicated. In addition, materials may be reproduced by media personnel for use in traditional public news forums unless otherwise indicated. You may not post material from this site on another web site or on a computer network without our permission. You may not transmit or distribute material from this site to other sites. You may not use this site or information found at this site (including the names and addresses of those who submitted information) for selling or promoting products or services, soliciting clients, or any other commercial purpose.

Notwithstanding the foregoing, we reserve sole discretion and right to deny, revoke, or limit use of this site, including reproduction. It is not our responsibility, however, to determine what "Fair Use" means for persons wishing to use materials from this site. That remains wholly a responsibility of the user. Further, we are not required to give additional source citations, nor to guarantee that the materials are cleared for alternate uses. Such ultimately remains the responsibility of the user. However, Precoa maintains the right to prevent infringement of its materials and to interpret "Fair Use" as it understands the law.

Code of Conduct

You agree that you will not individually, or as part of any collective effort, submit or post information to this site that could be deemed harmful or offensive to other users, nor will you impersonate another user in order to hide your identity or implicate another in such actions. You agree to do nothing that might disrupt the flow of data to and from this site, impact the service or performance of this site, or circumvent any of the controls or usage rules that we have implemented. You understand that the result of harmful or offensive actions may include revocation of your right to use this site and legal action against you.

Linking

For your convenience, this site may contain links to web sites operated by others. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using this site, please notify us immediately. We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.

No Solicitation or Offer

WhyPreplan.org is designed to provide general information about funeral planning. Information on the web sites is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product or other service described on the web sites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult your preplanning agent and your policy or contract. Some products and/or services may not be available in all states or countries.

Consent To Email and Phone Communication

When you visit WhyPreplan.org or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through WhyPreplan.org, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate with you. You additionally agree that we may treat specific actions by you, such as checking boxes or clicking buttons to request help finding a funeral home as a request that we communicate with you via telephone and/or share your contact information with a third party to contact you via email or telephone. You acknowledge and agree that unencrypted email sent over the internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent are not stored in a secure manner. For additional information, see our Privacy Policy.

Jurisdiction and Applicable Law

This agreement shall be governed by the laws of the State of Oregon, United States of America, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the state or federal courts located in Washington County, Oregon, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected, unless we determine that the invalid or unenforceable provision is an essential term to the agreement, in which case we may at our sole discretion amend the agreement.

Disclaimer of Warranties

LINCOLN HERITAGE FUNERAL PLANNING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEB SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE OR VIA THIRD PARTY GROUPS. ALL INFORMATION AND USE OF THE WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LINCOLN HERITAGE FUNERAL PLANNING HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE WEB SITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LINCOLN HERITAGE FUNERAL PLANNING DOES NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEB SITES ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEB SITES IS SOLELY AT YOUR OWN RISK. USER EXPRESSLY AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. SHOULD USER PURCHASE A FUNERAL INSURANCE PRODUCT FROM LINCOLN HERITAGE OR A THIRD PARTY, THE TERMS AND CONDITIONS OF SALE APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE AND USE OF THE WEB SITES DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LINCOLN HERITAGE FUNERAL PLANNING BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM, OR ARISE OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEB SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE WEB SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LINCOLN HERITAGE FUNERAL PLANNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LINCOLN HERITAGE FUNREAL PLANNING'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

Indemnification

You agree to defend, indemnify and hold harmless Precoa, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the WhyPreplan.org, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the Web Sites.

Submissions

We do not accept or consider creative suggestions, ideas or other materials other than those Precoa has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Precoa. None of the Submissions shall be subject to any obligation of confidentiality on the part of Precoa or its affiliates, and neither Precoa nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Precoa shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.

Trademarks

"WhyPreplan.org" is a trademark of Precoa, LLC.

Termination

Notwithstanding any of these terms and conditions, Precoa reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.

Questions and Copyright Requests

For further assistance or information regarding copyrighted materials, you may contact our offices via email at support@whypreplan.org

Note: The approximate time for receiving a reply for commercial requests requires approximately four to six weeks.

Effective Date: February 1, 2011