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Terms of Use

Terms Of Use

Last Updated: April 9, 2025

THESE TERMS OF USE, TOGETHER WITH TUKIOS’ PRIVACY POLICY, (COLLECTIVELY, THE "TERMS") SET FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS AND USE OF THE WEBSITES, INTERFACES AND SERVICES (COLLECTIVELY THE “SITES”) OWNED OR OPERATED BY THE SUBSIDIARIES AND AFFILIATES OF LEGACY FUNERAL GROUP, LLC OR ITS WEB HOSTING SERVICE, TUKIOS, INC. (COLLECTIVELY THE “COMPANY, “WE,” “US” OR “OUR”) 

THE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY ("YOU"), AND THE COMPANY CONCERNING YOUR ACCESS TO AND USE OF THE SITES. PLEASE READ THE FOLLOWING TERMS CAREFULLY, AS THE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SITES AND INCLUDE A BINDING ARBITRATION CLAUSE AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, AND A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY. 

BY USING OR ACCESSING THE SITES, YOU AGREE TO THESE TERMS, ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITES.

By accessing or using the Sites, you agree that the Company shall have the right to alter or amend these Terms at any time, with or without advance notice to you. If the Company does alter or amend these Terms, the Company will post the revised Terms on this page and notify you by updating the effective date at the top of this page. Any new Terms are effective upon posting and your continued use of the Sites after such posting constitutes your acceptance of the new Terms.


  1. Account Registration    . To access some features of the Sites, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password ("Registration Information"). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from the Company for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at support@tukios.com. If any information provided in your Registration Information is or appears to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Registration Information and refuse any and all access or use of the Sites (or any portion thereof).
  2. Prohibited Uses. You agree not to:
  3. Use the Sites for any illegal purpose, or in violation of any local, state, national, or international law, or in violation of these Terms;
  4. Violate or encourage others to violate the rights of third parties, including intellectual property rights, privacy rights, and/or publicity rights;
  5. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  6. Interfere in any way with security-related features of the Sites;
  7. Post, upload, or distribute any content that includes false or unpublished claims about how someone died, the health of a deceased person, or otherwise reveals distressing personal details about a deceased person or anyone;
  8. Interfere with the operation or any user's enjoyment of the Sites, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
  9. Post, upload or distribute any content that is likely to cause confusion of the Company's brands among consumers, dilute the strength of the Company's or its licensors' property, or otherwise infringe the Company's or its licensors' intellectual property rights;
  10. Access, monitor or copy any content or information of the Sites using any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Sites for any purpose without express written permission from the Company;
  11. Use, reproduce, modify, distribute or store any part of the Sites (including obituaries, event information, or other content) for any purpose without the prior written permission of the Company;
  12. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; 
  13. take any action that imposes, in the Company's sole discretion, an unreasonable or disproportionately large load on the Company's infrastructure; or
  14. Sell or otherwise transfer the access granted herein.

The Company reserves the right, in its sole discretion and without limiting its other remedies, to restrict, suspend, or terminate your Registration Information and/or access or use of the SItes at any time with or without cause, including if the Company believes that you may be in breach of these Terms or applicable laws or are misusing the SItes.

  1. Third-Party Content: The Sites may contain links to third-party websites and services. The Company provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that the Company has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
  2. Intellectual Property: You acknowledge and agree that when you submit an obituary, post comments, submit a tribute video, or post or submit other content (together, "Content") to the Company, such content will be shared with and stored by the Company and its affiliates and partners. The Sites are protected by applicable copyright and other intellectual property laws, and no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express permission of the Company. The Company owns or has duly licensed: a) all images it makes available for your use in creating memorials; b) the software and other technology it makes available to you for creating memorials; and c) the TUKIOSTM trademark.
  3. User License Grant to the Company: You grant the Company, its affiliates, and related entities 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 Content you provide to the Company 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 the Company to include the Content you provide in a searchable format that may be accessed by users of the Company’s Sites, services and other websites. You also grant the Company and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. You also grant the Company the right to use the Content and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Content 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 Company’s services and Sites without the need for additional compensation of any sort to you. The Company does not claim ownership of Content you submit to the Sites. You grant all rights described in this Section in consideration of your access and use of the Sites and without the need for any compensation of any sort to you.
  4. User Content and DMCA Notice:  You represent and warrant that you own or otherwise have the right to use any content you post to the Sites. If you believe that anything on the SItes infringes your copyrighted work, please provide the Company with written notice of such infringement.  Send the written notice to our Designated Agent:


ATTN: Content/DMCA Notices
Tukios, Inc.
2326 Washington Blvd. #303
Ogden, UT 84409
Phone: (801) 682-4391
Email: support@tukios.com

You must provide the following information in your written notice: a) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; b) a description of the copyrighted work that you claim has been infringed; c) a description of where the material that you claim is infringing is located; d) your address, telephone number, and email address; e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of the Company or others.

  1. Indemnification: You agree that you will be personally responsible for your use of the Sites, and you agree to defend, indemnify, and hold harmless the Company, the Company’s subcontractors and the Company’s and such subcontractors’ officers, directors, employees, shareholders, parents, subsidiaries, agents, successors, and assigns. from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Sites; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  2. Termination: If you violate these Terms, your permission to use the Sites will automatically terminate. In addition, the Company in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Sites at any time, with or without notice to you. You may terminate your account at any time by contacting the Company at support@tukios.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but the Company may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Sites.
  3. Modification of the Terms: the Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Sites. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. Your continued use of the Sites following notice will be deemed acceptance of any modifications to the Terms.
  4. Disclaimers Of Warranties: The Sites are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. Although the Company seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Sites, and there may at times be inadvertent technical or factual errors or inaccuracies. The Company specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Sites. The Company does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Sites. You understand and agree that the Company is not liable for the timeliness, deletion, mis-delivery, or failure to store any memorial postings, obituaries, User Content, or personalization settings related to the Sites. You also expressly understand and agree that: (i) any material downloaded or otherwise obtained through the Sites is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material; and (ii) no advice or information, whether oral or written, obtained by you from the Company or through or from the Sites shall create any warranty not expressly stated in these Terms.
  5. Dispute Resolution: Mandatory Binding Arbitration and Class Action Waiver.
  6. Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, and except as expressly described herein, you and the Company agree that every dispute arising in connection with these Terms 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, 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. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  7. Exceptions: Despite the provisions of this Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.
  8. 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 by sending a letter to Tukios, Inc., 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 Sites, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section will be void and any action arising out of these Terms will be resolved as set forth in Section ___ (“Governing Law”) The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
  9. Arbitrator:  Any arbitration between you and the Company will be settled by a single arbitrator 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. 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 the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  10. 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”). The Company’s address for Notice of Arbitration is: ______________________ The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) 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 the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing and will take place in Houston, Texas unless otherwise provided herein.
  11. Fees:  If you commence arbitration in accordance with these Terms, the Company 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. If an in­ person arbitration hearing is required the arbitration hearing will take place at a location to be agreed upon in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. 
  12. Award. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a 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. You agree that the arbitrator has no jurisdiction to, and may not, award any incidental, indirect or consequential damages, including damages for lost profits.
  13. No Class Actions:  YOU AND THE COMPANY 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 The Company 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.
  14. Modifications to this Arbitration Provision. If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice of Arbitration, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive
  15. Enforceability: If Section 11(h) (“No Class Actions”) or the entirety of this Section is found to be unenforceable, or if the Company 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 13 (“Governing Law”) will govern any action arising out of or related to these Terms.
  16. This section shall survive the termination of these Terms. 

  17. Limitation of Liability    : In no event will the Company be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
  18. Governing Law: These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Harris County, Texas, for the purpose of litigating all such disputes.
  19. Modification of the Sites: The Company reserves the right to modify or discontinue, temporarily or permanently, some or all of the Sites at any time without any notice or further obligation to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Sites.
  20. Injunctive Relief. You acknowledge and agree that compliance with these Terms (and all prohibitions contained herein) is essential to the Company's relationships with its customers as well as the Company's reputation, standing, and goodwill in the funeral industry. In light of these considerations, you acknowledge and agree that, in the event that you violate these Terms in any manner whatsoever: (a) the Company will suffer imminent and irreparable harm whereby monetary damages may be difficult if not impossible to ascertain; and (b) any court of competent jurisdiction may immediately enjoin any breach of these Terms upon the Company's request.
  21. General: 
  22. Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Sites, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
  23. No Waiver: The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
  24. Paragraph Headers: Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
  25. Severability:In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
  26. Consumer Protection Notice. Please note that, if you are a consumer, the limitations in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.
  27. Notice to California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
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