Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 19, YOU AGREE THAT DISPUTES BETWEEN YOU AND EARTH FUNERAL GROUP, INC. (“Earth,” “we,” “us,” or “our”) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

These Terms of Service (“Terms”) govern your access to and use of the Earth website at www.earthfuneral.com and any other websites, pages, features, content, mobile sites, mobile applications, and services that link to these Terms (collectively, the “Site”). Your purchase or receipt of funeral, memorial, human composting/soil transformation, or related services (collectively, the “Services”) is also governed by separate written service contracts and disclosures you enter with us or with our licensed funeral establishments and partners (each, a “Service Contract”). If there is a conflict between these Terms and a Service Contract, the Service Contract controls for the Services covered by that Service Contract.

By accessing or using the Site (including submitting any lead, quote, or contact form), you agree to be bound by these Terms and by our Privacy Policy (last revised July 25, 2025). If you do not agree, do not use the Site.

1. Who We Are; Where We Operate; Prices

Earth provides a sustainable end-of-life alternative commonly referred to as human composting or soil transformation. We provide Services only in jurisdictions where permitted and properly licensed. Current locations served are maintained here: earthfuneral.com/service-area (subject to change). The Site may be accessible elsewhere, but we do not offer Services outside the continental U.S.

Pricing. Prices for Services are published on our General Price Lists at earthfuneral.com/general-price-lists and may vary by location and offering. Prices, payment terms, cancellation, and refund policies for Services are set forth in the applicable Service Contract and/or by our third-party payment or financing providers, and are not governed by these Terms.

2. Eligibility; Authority to Make Arrangements

You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent and warrant that (a) you are legally permitted to use the Site in your jurisdiction; (b) any information you submit is accurate and complete; and (c) if you are arranging Services for a deceased or for an imminent need, you have the legal authority to do so (e.g., you are the person with the right of final disposition/control under applicable law or are duly authorized by that person). You agree to indemnify us for losses arising from any misrepresentation of your authority or eligibility.

3. Not Emergency Services; Time-Sensitive Matters

The Site is not intended for urgent or emergency communications. If a death has occurred or is imminent, please call us at the phone number listed on the Site or contact local authorities. Website messages and form submissions may not be monitored in real time.

4. Accounts; Electronic Communications; E-SIGN

Some Site features may require an account and password. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

By using the Site, you consent to receive electronic communications from us (e.g., emails, SMS/MMS texts, phone calls, and in-product messages) related to your inquiry and use of the Site. You consent to the use of electronic signatures and records in connection with the Site and, where applicable, our Services, consistent with the federal E-SIGN Act and applicable state law. You may request a paper copy of records required by law by contacting privacy@earthfuneral.com; we may charge a reasonable fee as permitted by law.

5. SMS/Text Terms (TCPA)

When you provide a mobile number through the Site, you consent to receive text messages from Earth relating to your inquiry, arrangements, and Services. These are primarily one-to-one care-advisor communications; we may also send marketing texts with your express consent.

• Frequency: Message frequency varies.
  
  
• Opt-Out: Text STOP to any message to opt out.
  
  
• Help: Email privacy@earthfuneral.com.
  
  
• Rates: Message and data rates may apply.
  
  
• Carriers: Delivery may be delayed or undelivered; carrier is not liable.
  
  
• Authorization: You represent that you are the authorized user of the number provided and agree to notify us promptly if the number changes.
  
  
• Marketing Consent: Consent to marketing texts is not a condition of purchase. You can opt out of marketing texts and still receive transactional/service messages necessary to fulfill your arrangements (to the extent permitted by law).

6. Recorded Calls Disclosure

We record inbound and outbound calls for quality assurance, training, and compliance. By calling us, remaining on the line after a recording disclosure, or accepting our calls, you consent to recording. If you do not consent, tell us at the start of the call or contact us via other methods (e.g., email, web forms). We also provide audible notice consistent with applicable two-party consent laws.

7. Payment; Third-Party Providers

We may facilitate payment via third-party processors and partners (collectively, “Payment Providers”), which may include financing providers (e.g., consumer installment lenders) and insurance carriers (e.g., pre-need insurance). We do not control Payment Providers and are not responsible for their acts, omissions, fees, disclosures, credit decisions, or terms. Your use of financing, insurance, or payment products is subject to the Payment Provider’s separate terms and privacy policies. For your security, do not transmit full payment card data to us by email or through fields not designated for payment.

8. Intellectual Property; Limited License

The Site and all materials in it—text, graphics, logos, icons, images, audio/video clips, data compilations, software, look-and-feel—(“Site Content”) are owned by Earth or our licensors and protected by U.S. and international laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site Content solely for personal, non-commercial use in accordance with these Terms. “Earth Funeral,” “Earth,” our logos, and related names are trademarks of Earth. You may not use our marks without prior written permission. All other names and logos are the property of their respective owners.

Restrictions. You may not (and may not permit others to): copy (except for personal viewing), modify, adapt, translate, create derivative works, distribute, license, sell, transfer, publicly display or perform, transmit, reverse engineer, decompile, or disassemble any part of the Site; use robots/scrapers/automated means without our written permission; remove proprietary notices; use metatags or hidden text using our marks; or use the Site for any unlawful purpose or in violation of these Terms.

9. User Content; Obituaries; Reviews

You may submit content to the Site (e.g., messages, text, photos, reviews, obituary notes, and other materials) (“User Content”). You represent and warrant you own or have all rights to your User Content and that it does not infringe, misappropriate, or violate any rights or law.

License. By submitting User Content, you grant Earth a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to host, store, use, reproduce, modify, publish, publicly display, publicly perform, distribute, and otherwise exploit your User Content in connection with operating, improving, promoting, and providing the Site and Services. To the extent permitted by law, you also grant us the right to use User Content internally to develop and improve products and services, including through machine learning and similar techniques. This license is subject to applicable law and our Privacy Policy.

Obituaries & Reviews. Content posted to obituaries or reviews may be publicly visible by default and may be shared by others. For obituaries, your first and last name may be displayed with your note; for reviews, your first name and last initial, along with your county and state, may be displayed. Obituary pages and memorial content may be maintained indefinitely as a service to families and communities. Use caution when posting.

Moderation. We may, but are not obligated to, monitor, moderate, or remove User Content at our discretion and may terminate access for repeat violations. We are not responsible for content posted by users or third parties.

10. Prohibited Conduct

You agree not to, and not to permit others to: upload or transmit viruses/malware; collect information about others without consent; engage in unsolicited advertising or spam; harass, threaten, defame, or violate privacy or other rights; impersonate any person or entity; misrepresent your affiliation or authority; violate laws or regulations; attempt to gain unauthorized access to the Site or related systems; or interfere with or disrupt the integrity or performance of the Site.

11. Mobile Services

If you access the Site via a mobile device, your carrier’s standard charges, data rates, and other fees apply. Some mobile features may be restricted by your carrier or device.

12. Links to Third-Party Sites and Services

The Site may contain links to third-party websites, services, or resources (including Payment Providers). These are provided for convenience only. We do not control and are not responsible for third-party content, products, services, or policies. Your use of third-party sites and services is at your own risk and subject to their terms.

13. DMCA Copyright Policy

We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a DMCA Notice to our Copyright Agent at privacy@earthfuneral.com (subject line: “DMCA Takedown Request”) that includes: (a) your physical/electronic signature; (b) identification of the copyrighted work; (c) identification of the material claimed to be infringing (URL or other specific location); (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

Counter-Notice. If your content was removed in error, you may send a counter-notice to the same address including: (i) your signature; (ii) identification of the removed material and its prior location; (iii) a statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification; (iv) your contact information; and (v) a statement …consenting to jurisdiction of the U.S. District Court for the Western District of Washington (or, if federal jurisdiction is unavailable, the state courts in King County, Washington) and accepting service from the original complainant. We may restore content in our discretion and in accordance with the DMCA. We may terminate users who are repeat infringers.

14. Service Descriptions; No Professional Advice; Regulatory Notice

We strive to be accurate, but errors may occur. Descriptions of Services on the Site are general and provided for informational purposes. Specific terms, timelines, and obligations are set forth in your Service Contract. The Site does not provide medical, legal, tax, financial, grief counseling, or mental-health advice. Consult appropriate professionals for advice specific to your situation.

Regulatory Notice. Funeral and related services are highly regulated. The Site is informational only. Actual Services are provided under applicable Service Contracts and subject to federal and state law, including required disclosures (e.g., the FTC Funeral Rule) and licensing/price list requirements. Availability of specific services, including Natural Organic Reduction, depends on state law and licensing. We are generally not a HIPAA-covered entity; information you provide is governed by our Privacy Policy and applicable law.

15. Changes to the Site and Terms

We may update, suspend, or discontinue any part of the Site at any time without liability. We may modify these Terms; changes are effective when posted to the Site (or, if required by law, when we provide notice). Your continued use following changes means you accept the updated Terms. If we change the Arbitration Agreement (Section 19) other than the Notice address, you may reject those changes by emailing privacy@earthfuneral.com within 30 days; in that case, the prior version you agreed to will govern.

16. Disclaimers

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Nothing in this Section limits (i) express warranties or obligations in a Service Contract, (ii) warranties that cannot be disclaimed under applicable law, or (iii) your rights under applicable consumer protection laws.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EARTH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID (IF ANY) TO EARTH FOR ACCESSING THE SPECIFIC FEATURE OF THE SITE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
The above limitations do not limit liabilities that cannot be limited under applicable law. Liabilities, remedies, and limitations related to Services are governed by the applicable Service Contract.

18. Indemnification

You agree to defend, indemnify, and hold harmless Earth and our affiliates, and each of our officers, directors, employees, agents, and licensors, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site; (b) your User Content; (c) your violation of these Terms; (d) your violation of law or third-party rights; or (e) any misrepresentation of your authority to arrange Services.

19. Dispute Resolution by Binding Arbitration (the “Arbitration Agreement”)

(a) Agreement to Arbitrate. You and Earth agree that any and all disputes or claims between you and Earth arising out of or relating to these Terms, the Site, marketing or communications, or any aspect of the relationship between us (collectively, “Disputes”) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (the “AAA Rules”), except that you or we may bring an individual claim in small claims court if the claim qualifies.

(b) Class Action Waiver. YOU AND EARTH 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 CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over a class or representative proceeding. Public injunctive relief may be awarded to the extent required for this provision to be enforceable.

(c) Pre-Arbitration Resolution. Before initiating arbitration, the party seeking relief must send the other party a written Notice of Dispute describing the nature and basis of the claim and the requested relief. Notices to Earth must be emailed to privacy@earthfuneral.com and mailed to the Notice Address in Section 25. If the parties do not resolve the dispute within 60 days after receipt of the notice, either party may commence arbitration.

(d) Procedures; Location; Hearings. Arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, the hearing location will be reasonably convenient for both parties, with due consideration of travel and other circumstances. For claims of $10,000 or less, you may elect that the arbitration be conducted based on documents, by telephone, or by an in-person hearing.

(e) Fees. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation costs, Earth will pay as much of the AAA fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.

(f) Mass-Arbitration Management Protocol. If 25 or more substantially similar arbitration demands are filed by or with the assistance of the same law firm or coordinated firms within a 90-day period, the parties agree: (i) the claims will be batched into groups of up to 50; (ii) for each batch, the parties will select 5 bellwether cases (2 each, plus 1 by the AAA) to be arbitrated first; (iii) remaining cases in the batch will be stayed pending completion of the bellwethers; (iv) after the bellwether awards, the parties will engage in good-faith mediation to attempt to resolve the remaining cases; and (v) if unresolved, the process repeats for subsequent batches. The statute of limitations is tolled during any stay required by this paragraph. The arbitrator(s) may enforce this protocol.

(g) Confidentiality. All aspects of the arbitration, including rulings, decisions, or awards, shall be confidential, except as necessary to prepare for or conduct the hearing, to enforce an award, or as otherwise required by law.

(h) Governing Law; Severability. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Arbitration Agreement. If the Class Action Waiver in Section 19(b) is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) must proceed in court and be severed from arbitration. If any other portion of this Arbitration Agreement is found unenforceable, it will be severed and the remainder enforced to the fullest extent permitted by law.

(i) Opt-Out. You may opt out of this Arbitration Agreement by sending a written notice to privacy@earthfuneral.com and to the Notice Address in Section 25 within 30 days of the date you first agreed to these Terms. Your opt-out must include your name, contact information, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in court as set forth in Section 22.

(j) AAA Information. For the AAA and its rules, see www.adr.org.

20. Suspension; Termination

We may suspend or terminate your access to the Site, in our discretion and without liability, at any time, including if we believe you have violated these Terms. Upon termination, the rights and licenses granted to you end. Sections that by their nature should survive termination will survive (including Sections 8–9, 13–19, 21–26).

21. Force Majeure

We are not liable for delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, epidemics, labor disputes, supply chain disruptions, utility failures, or actions of civil or military authorities.

22. Governing Law; Venue; Time to File

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. For any Disputes that are not subject to arbitration (e.g., small claims or where the Class Action Waiver is unenforceable for a particular claim), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington. Any claim arising out of or related to the Site or these Terms must be filed within one (1) year after the claim accrues or it is permanently barred, to the extent permitted by law.

23. International Use

The Site is hosted in the United States and intended for users located in the United States. If you access the Site from other jurisdictions, you do so at your own risk and are responsible for compliance with local laws. We do not offer Services outside the continental U.S.

24. Export Controls and Sanctions

You may not use, export, re-export, import, or transfer any part of the Site except as authorized by U.S. law and the laws of the jurisdiction(s) in which you obtained the Site. Without limitation, you agree that you will not use the Site in any country or with any person prohibited under U.S. export control and sanctions laws.

25. Notices; Contact Us

Email (general and DMCA/Arbitration Notices):
‍privacy@earthfuneral.com

‍Physical Notice Address:
‍Earth Funeral Group, Inc.
576 Sacramento Street, Floor 3
San Francisco, CA 94111
Website: www.earthfuneral.com

We may provide notices via email, posting to the Site, or other reasonable means. You consent to receiving notices electronically.

26. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any applicable Service Contract(s) for Services, constitute the entire agreement between you and Earth regarding the Site and supersede all prior or contemporaneous understandings relating to the Site.

Order of Precedence: If there is a conflict between these Terms and a Service Contract, the Service Contract controls solely with respect to the Services governed by that Service Contract.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver: Any failure or delay by Earth to enforce any provision of these Terms will not constitute a waiver of that or any other provision.

Headings: Section headings are for convenience only and do not affect interpretation.

27. Acknowledgment

BY USING THE SITE—INCLUDING SUBMITTING ANY LEAD-CAPTURE OR QUOTE FORMS THAT STATE “BY SUBMITTING THIS FORM, YOU AGREE TO OUR TERMS”—YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.‍