Who are ‘we’?

Inpeace is an online platform that connects direct cremation arrangers to funeral homes in New York and New Jersey.  We strive to provide the easiest and most caring way to help you arrange for your loved one’s cremation online or over the phone.

Inpeace, ‘we’ and ‘us’ can be used interchangeably throughout this agreement. When speaking about yourself, we will use the terms ‘user’ and ‘you’ throughout the agreement.

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Acknowledgment of Disclosures: The Federal Trade Commission Trade Regulation Rule on “Funeral Industry Practices” requires certain disclosures and prohibits misrepresentations. We ask everyone we serve to read and acknowledge the below. When placing an order through inpeace.com, you agree and acknowledge the following:

• I was presented a General Price List prior to discussing prices, services, or merchandise.

  • (The FTC mandates that all providers of funerary services provide this information to clients. It may sound silly, but a law had to be instituted to force providers to be transparent with their pricing. Ours is always front-and-center for you to see.)

• I was not told that embalming is required by law and was told that the law does not require embalming except in special cases. I was not told that any law requires embalming for direct cremations, immediate burial, a funeral using a sealed casket, or if refrigeration is available and the funeral is without viewing or visitation and with a closed casket. If it was provided, this was done with my permission.

  • (Embalming is an expensive process and some bad actors in the funeral business have told families it is required when it is not.)

• I was not told that any law requires a casket for direct cremation or that a casket other than an unfinished wood box is required for direct cremation or for direct disposition.

  • (All of these statements are here because of a few bad apples. Some funeral directors - you guessed it - would sell caskets just to cremate with the body.)

• I was told that state law does not require the purchase of an outer burial container or any of the funeral goods and services I selected, except as set forth on the statement of funeral goods and services selected.

  • (You do not need to purchase anything additional to have a quality, caring cremation for your loved one. Inpeace is not in the business of upselling. We provide only exactly what you need.)

• No claims were made to me as to the merchandise or other offerings of this funeral firm (embalming, casket, outer burial container) that embalming or the use of any merchandise available from this funeral firm would delay the decomposition of the remains for a long term or indefinite time, or would protect the body from graveside substances.

  • (Some funeral homes would claim that embalming or buying expensive merchandise would be better for a burial. This both a) does not apply to cremations and b) is a really sleazy business practice.)

Addendums: Inpeace and their partner funeral homes shall have no obligations under this Agreement unless and until Customer fully completes, signs, and delivers to Inpeace a fully executed copy of the Authorizations for Cremation and Disposition (“Authorizations”).

Payment Terms: All payments are due immediately upon placing an order through inpeace.com.  Payments will be made through our approved third-party payment processor to Inpeace at the address listed in this agreement.  You agree that you are personally responsible for the entire balance indicated on the Statement.

Authorized Signatures and Final Disposition Of Cremated Remains: By placing an order through Inpeace, you represent to Inpeace that you are fully authorized to execute any and all agreements on behalf of the Decedent’s estate.  You acknowledge that you have the authority to direct the disposition of the cremated remains, have the authority to instruct Inpeace to cremate the remains of the Decedent, and have provided a correct delivery address for the final instructions to deliver the cremated remains. If the cremated remains are returned to or left in the possession of Inpeace within 180 days after the date of cremation, Inpeace shall make a reasonable effort to notify Customer of Inpeace’s intent to dispose of the cremated remains. If Customer has not given Inpeace instructions for the disposition within thirty (30) days after the date of the notice, Inpeace may dispose of the cremated remains as is legally practicable.

Obligation to Correct Disposition Instructions: In the event the instructions for final disposition in this Agreement or the Authorizations no longer contain an accurate or correct address, Customer shall immediately notify Inpeace of the inaccurate or incorrect address and complete and sign an amended Authorization with the accurate and correct address for the instructions for final disposition.

Waiver Of Rights: By the execution of this Agreement, Inpeace has not waived any rights to file a claim in the estate of the decedent named in this Agreement. Any amounts collected by Inpeace from the estate of the decedent, or from any other source, shall be credited against any amount owed by you under this Agreement.

Limitation Of Liability: To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or user account or the information contained therein;

• any errors, mistakes, or inaccuracies of content;

• personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the Service;

• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

• any interruption or cessation of transmission to or from the Service;

• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

• the defamatory, offensive, or illegal conduct of any user or third party. In no event shall Inpeace, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the user to Inpeace hereunder in the preceding 12 months, or the period of duration of this agreement between the user and Inpeace, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

By signing this Agreement, you expressly waive, and you agree that you shall not be entitled to recover, damages or losses of any kind, whether direct or consequential, based on the negligence of Inpeace. You further acknowledge and agree that emotional distress will not be one of the claimed items of damage for any breach of contract.

Assignment: Inpeace may assign this Agreement, including the Authorizations and any attachment or exhibit hereto, at any time. This Agreement, including the Authorizations and any attachment or exhibit hereto, shall inure to the benefit of Inpeace and its successors, assigns, and third-party beneficiaries.

Entire Agreement: This Agreement is the entire agreement between the parties relating to this subject matter and supersedes (i) any pre-printed terms on any document, which shall have no effect, and (ii) all prior or contemporaneous understandings of the parties related thereto, including any separate non-disclosure agreement between the parties relating to this subject matter as it relates to confidential information disclosed after the date of and pursuant to this Agreement.

Venue of Jurisdiction and Governing Law: This Agreement is governed by the laws of the State of New York, without reference to conflict of law principles. The parties irrevocably consent to the exclusive jurisdiction of the state or federal courts located in New York County, NY, over any suit, action or proceeding arising out of or relating to this Agreement. THE PARTIES UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT ANY ORDER FORM AND/OR SOW.

Counterparts: The Parties may execute this Agreement, including any attachment or exhibit hereto, in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument.

Disclaimer of Warranties: By signing this agreement, you understand that our services are provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, Inpeace expressly disclaims all conditions, representations, and warranties - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by you from Inpeace or through the Service will create any warranty not expressly stated herein.

Inpeace does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Inpeace shall not be a party to or in any way monitor any transaction between users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with your web browser, mobile device, and/or operating system. Inpeace cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to users. This Agreement gives users specific legal rights, and users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.