Last Updated: 7/24/2025

These terms of use are entered into by and between you and Wilbert Funeral Services, Inc. (“Wilbert,” “we”, “our”, or "us"). The following terms and conditions (“Terms of Use,” “Terms,” or “Agreement”), govern your access to and use of https://www.wilbert.com/ (the “Site”), including any functionality or services offered on or through the Site (together with the Site, referred to as the “Services”). BY ACCESSING OR USING OUR SITE AND SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.

A. SITE

1. Content. The Site, including its text, audio, video, graphics, charts, photographs, music, sounds, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of the Wilbert or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Wilbert reserves all other rights in and to the Site and Content, including all intellectual property rights.

2. Use Rights. You may only use the Site or Content for your personal, non-commercial, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you, and all applicable laws. You may only use the Site and Content for the intended purposes for which it is made available to you by Wilbert. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or Content in any manner not expressly permitted by these Terms.

3. Use of Marks. Wilbert owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Wilbert. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

4. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Wilbert or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

5. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

6. Children's Information. The Site is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Site.

7. Restrictions on Your Use of the Site.

   • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Wilbert’s prior written consent.
   • You will not use the Site or Content for unlawful purposes.
   • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
   • You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
   • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
   • You will not delete, modify, hack, or attempt to change or alter the Site or Content.
   • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
   • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult, or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site, or connect to or access any other Wilbert computer system or network.
   • You may not frame, mirror, or circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to, or the navigational structure of, any part of the Site.
   • You may not upload, distribute, transmit, or post anything to or through the Site that: (a) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (b) invades the privacy of another or includes the confidential or proprietary information of another; or (c) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
   • You may not engage in any conduct while using the Site that Wilbert considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

    

8. Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

9. Social Media. Links to Wilbert’s social media pages (e.g. Facebook, Twitter, LinkedIn, and YouTube) may be included on the Site ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Wilbert’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by Wilbert of that third party or any service or company they represent.

10. Third-Party Websites and Content. Our Site may include links to other websites, applications, or resources not maintained or controlled by Wilbert. Those links are provided as a convenience to the visitors of our Site. When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms. You acknowledge and agree that we are not responsible for (a) the availability of any third-party Content; (b) examining or evaluating any Content, advertising, products, or other materials or their accuracy on or available from such third-party sites; or (c) for any privacy or other practices of the third parties operating those websites or providing such materials. Wilbert does not warrant or endorse any third-party site or any products or services made available through those sites. YOU ACCESS THIRD-PARTY CONTENT AT YOUR SOLE RISK. Wilbert has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third-party websites and Content.

11. Site Unavailability. Our Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation: (a) equipment malfunctions (including, e.g., hardware, software, server, network, or telecommunications failures); (b) periodic maintenance procedures or repairs which we may undertake from time to time; (c) causes beyond our reasonable control or which we could not reasonably foresee (severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc.); (d) regulatory restrictions and other acts of government, (e) interruptions due to utility and power companies, and (f) interruptions due to hacking or other malicious intrusion.

B. ACCOUNTS, COMMUNICATION PREFERENCES, PAYMENTS

12. Eligibility. YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR SITE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18.

13. Account Registration. To access and use certain areas or features of the Site or Services, you may need to register for an online account. The Account registration process may require you to provide certain requested information, including personal information. By creating an Account, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) maintain the security of your credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your Account. You are the only person authorized to access and use your Account. For more information about our collection of personal data about you in connection with account registration on our Site, please review our Privacy Notice here: https://www.wilbert.com/privacy-policy/. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Account.

14. Electronic Communications. By creating an account or communicating with us through the Services, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

15. Text Communications. By providing your mobile phone number to us through the Site and/or Services, you consent to receive calls or text messages at any such phone number sent by or on behalf of us, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes (such as appointment reminders, order alerts, and account notifications). Your consent to participate in this text communication service is specific to Wilbert and is not shared with affiliates or third parties (unless those third parties are acting on behalf of Wilbert, e.g., as a service provider for this service).

    By entering, or permitting others to enter, your mobile phone number(s) in any Wilbert Site, Service, technology or platform that includes the above text communication service and automated messaging functionality, you:

    • You acknowledge and represent that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you provide while enrolling in this the mobile communication and automated messaging service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service. It is your responsibility to keep your phone number and account information updated.
    • Specifically request, expressly consent to receive, and authorize Wilbert and its business associates and service providers express consent to deliver, or cause to be delivered, informational and marketing communications—including automated text messages (collectively, “Automated Messages”)—to the enrolled mobile phone number(s) through your wireless phone carrier unless and until such permission is revoked by you in writing in accordance with these Terms.
    • Grant Wilbert permission to send such mobile communications and Automated Messages even if your mobile phone number(s) is otherwise listed on the federal, or a state’s, Do Not Call List, and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the text communication service.
    • Acknowledge that mobile communications like Automated Messages carry certain risks. For example, messages may be sent in unencrypted form. They may also include limited personal information about your Account and/or orders, and whoever has access to the mobile phone or carrier account will also be able to see this information. Messages could also be received by others if the messages are forwarded, duplicated or otherwise shared with another device or if others have access to your device. You acknowledge the risks and expressly consent to receiving these messages and ask Wilbert to communicate with you in this form. All information collected in connection with this text communication service is governed by these Terms of Service (https://www.wilbert.com/terms-and-conditions/) and our Privacy Notice (https://www.wilbert.com/privacy-policy/).
    • Acknowledge that these Automated Messages could result in charges to you according to your mobile phone contract. While Wilbert does not charge any fees to enroll in this communication service, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. The frequency of these text messages will also vary. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
    • Acknowledge that you may revoke your consent at any time. To stop receiving Automated Messages, reply STOP to the latest text message received via this text communication service. After you submit a request to unsubscribe, you will receive one final text alert confirming that you will no longer receive such messages. No additional text messages will be sent unless you re-activate your enrollment. For questions about this text communication program, reply to a text alert with the word “HELP” or contact us at privacy@wilbert.com.

16. Payments. Except as expressly provided in these Terms, any payments you submit through the Site are for Services provided by us or our service providers. We or such other company may collect these fees directly from users as provided by the Site or Services. You acknowledge these fees are subject to change. Services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to such payments by you. You will be required to provide information regarding your credit card or other payment instrument (“Payment Method”). You represent and warrant that such information is true and that you are authorized to use the Payment Method. If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee up to the maximum amount permitted under applicable law. By providing a Payment Method, you may authorize us to keep such Payment Method on file and charge you the fees, charges, or other amounts. If your Payment Method expires and you do not edit your Payment Method information, you authorize us to charge you for any Services purchased, and you will remain responsible for any uncollected amounts. Unless otherwise provided by law, you must still pay any disputed charges until the dispute is resolved. As applicable, you are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold us harmless for any liability for tax in connection with the purchase of Services.

C. DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY; INDEMNITY

17. NO WARRANTY. THE SITE AND CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILBERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

    WITHOUT LIMITING THE FOREGOING, WILBERT DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR ITS CONTENT. NOR DOES IT WARRANT OR GUARANTEE THAT THE FOREGOING WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WILBERT WILL HAVE NO LIABILITY DUE TO THE SITE BEING UNAVAILABLE OR REGARDING ANY LOSS OF DATA. WE ALSO DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILBERT OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “WILBERT PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A WILBERT PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. THIS LIMITATION OF LIABILITY INCLUDES YOUR USE OF THE TEXT COMMUNICATION SERVICE OR RECEIPT OF TEXT OR AUTOMATED MESSAGES, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND TELEMARKETING SALES RULE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND CONTENT, INCLUDING ANY ASSOCIATED TEXT COMMUNICATION SERVICE. FURTHERMORE, WILBERT SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ACTS OR OMISSIONS BY WIRELESS PHONE CARRIERS OR ACTS OR OMISSIONS THAT CAUSE DELAYS IN THE TRANSMISSION OF MESSAGES VIA ITS TEXT COMMUNICATION SERVICE.

    WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE WILBERT PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D. OR THE COST OF A SINGLE MONTH’S SUBSCRIPTION TO OUR SERVICES, WHICHEVER IS LESS, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

19. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE WILBERT PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

20. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.

21. Terms Applicable to New Jersey Consumers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

D. MISCELLANEOUS

22. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Wilbert may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Wilbert shall not be liable to you or anyone else for any damages arising from or related to Wilbert’s suspension or termination of your access to the Site or Content, or in the event Wilbert modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

23. Use in the United States and Canada. The Site is intended for use in the United States and Canada only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States and Canada. If you choose to access the Site from a location other than the United States and Canada, you do so at your own risk. THE EXISTENCE OF THE SITE OR CONTENT SHALL NOT BE CONSTRUED AS WILBERT OR THE WILBERT PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

24. Governing Law. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Illinois without reference to its conflicts or choice of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Chicago, Illinois. You irrevocably submit and consent to the personal jurisdiction of such courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

25. Prosecution and Cooperation with Law Enforcement. We reserve the right to investigate and prosecute violations of any of our Terms to the fullest extent of the law. Wilbert will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD WILBERT AND THE WILBERT PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

26. Entire Agreement. These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and Wilbert with respect to your access to and use of the Site.

27. Waiver. Wilbert’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Wilbert.

28. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

29. Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.

30. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Wilbert’s successors and assigns.

31. Contact Us. Please direct any questions and concerns regarding these Terms to us at privacy@wilbert.com.