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Subscription Fee

Under this Agreement the Vendor grants to the Licensee a non-exclusive and non-transferable license (the "License") to use Your Cremation (the "Software"). “Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement. License Fee: The license fee for this Agreement will consist of an annual maintenance fee of $2,988.00 USD paid monthly at $249 per month billed automatically to a credit card on file. Failure of payment will prevent user from accessing their online account. Limitation of Liability: The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. Warrants and Representations: The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute. Acceptance: All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") upon execution of this Agreement. User Support: The Licensee will be entitled to one year of on-site user support available Monday – Friday 8am-5pm PST, at no additional cost. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of one year from the date of Acceptance. Term: The term of this Agreement will begin on Acceptance and will continue for a period of One Year. At the end of the term of this Agreement the Licensee may renew at a monthly rate of $315 Termination: This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will no longer be able to access the website. Force Majeure: The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event. Governing Law: The Parties to this Agreement submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California. Miscellaneous: This Agreement can only be modified in writing signed by both the Vendor and the Licensee. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee. Cancellations: This agreement may be cancelled by either party by means written notification within 30 days. Notices: All notices to the parties under this Agreement are to be provided at the following addresses, or at such addresses as may be later provided in writing: Media Demographic 255 N El Cielo Suite 140-620, Palm Springs, Ca. 92262