Terms of Use Agreement
The effective date of this Agreement is August 1, 2011.
This web site is owned by MacDonald Funeral Home & Cremation
Services ("MacDonald Funeral Home & Cremation Services"). MacDonald
Funeral Home & Cremation Services provides this web site and related
services to you, the user of this web site, only for your personal,
non-commercial use and subject to your acceptance of and compliance with this
Terms of Use Agreement ("Agreement"). Please read the terms contained
herein carefully before using this web site and/or the services associated
therewith. Your use
of this web site and the associated services confirms your unconditional
acceptance of these terms and conditions. If you do not
accept these terms and conditions, do not use this web site.
This web site
is provided by MacDonald Funeral Home & Cremation Services through an
agreement with Batesville Casket Company and its affiliated companies
(collectively, "Batesville"), which provides design and/or hosting
services for the site. You acknowledge and agree that Batesville may claim the
benefits of any protections afforded to MacDonald Funeral Home & Cremation
Services under this Agreement, including but not limited to any protections
which minimize or eliminate liability, and further that Batesville may exercise
any rights afforded to MacDonald Funeral Home & Cremation Services under
this Agreement, regardless of whether Batesville is expressly identified in
connection with a particular protection or right enumerated in this Agreement.
You further acknowledge and agree that this Agreement does not place any
obligations on Batesville.
Be advised that
certain areas within this web site and certain services offered through this
web site are governed by additional terms presented in conjunction with those
areas or services. You must agree to these additional terms before using those
areas or services. The additional terms and this Agreement shall apply equally.
In the event of an irreconcilable inconsistency between the additional terms
and this Agreement, the additional terms shall control.
Changes to this Agreement
1. MacDonald
Funeral Home & Cremation Services reserves the right, in its sole
discretion, to revise this Agreement at any time. Any changes to these terms
will be included in a revised version of this Agreement accessible through the
web site. Your continued use of the web site and related services following
posting of any changes to this Agreement constitutes your unconditional
acceptance and agreement to be bound by the changed terms. You must cease using
the web site if you do not agree to be bound by the revised terms and
conditions.
General Use and License
2. This web
site and related services are intended only for use by those 18 years of age or
older and of the age of majority in the jurisdiction in which they reside. If
you do not meet these requirements, you cannot use this site without the
accompaniment and supervision of your parent or legal guardian.
3. MacDonald
Funeral Home & Cremation Services grants you a limited, nonexclusive and
revocable license to make personal and non-commercial use of this web site.
This license does not include any rights not specifically enumerated herein.
You may copy, download or print materials from this site for your own personal
and non-commercial use. In this context, "personal and non-commercial
use" does not include posting, uploading or otherwise publishing the
materials to any other web site. This license does not include the right to copy,
download, print, reproduce, modify, resell, redistribute or republish any of
the content of the site for any commercial purpose without the express, written
permission of MacDonald Funeral Home & Cremation Services. Further, this
license does not include the right to bypass any technical measures used to
prevent or restrict access to any portion of the site; to use any data mining,
robots, or similar automated data gathering and extraction tools to access the
site; to violate or attempt to violate the security of the site, or to
interfere with or attempt to interfere with the proper working of the site. You
agree to use this web site only for lawful purposes and in accordance with the
terms and conditions contained herein.
4. The material
presented on this web site is for general information only. This web site may
contain information about products that may or may not be available outside the
country of origin, or may be available under different trade names or
trademarks. Please contact a representative of MacDonald Funeral Home &
Cremation Services for further information about the products and services
described. Nothing on this web site shall be construed as an offer to sell any
product or service to any particular customer or in any particular
jurisdiction. MacDonald Funeral Home & Cremation Services reserves the
right to accept or reject any offer to purchase any products or services.
5. Some areas
of this site or services associated with the site may have information, data,
text, software, music, sound, photographs, graphics, video, messages, links, or
other materials ("Content") submitted by registered users of the
site. You acknowledge that MacDonald Funeral Home & Cremation Services does
not control this third-party Content, and that the opinions expressed in said
Content are not necessarily those of MacDonald Funeral Home & Cremation
Services, Batesville or any content providers, advertisers, sponsors,
affiliated or related entities. MacDonald Funeral Home & Cremation Services
does not guarantee the accuracy, integrity or quality of such Content, and MacDonald
Funeral Home & Cremation Services makes no representations or warranties
regarding any information or opinions posted to or otherwise included on or
transmitted through the web site. You understand that by using the web site,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will MacDonald Funeral Home & Cremation Services or
Batesville be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the web site and/or associated
services. You acknowledge that any reliance on material posted or submitted by
other users will be at your own risk.
6. You
acknowledge that your use of this web site is at MacDonald Funeral Home &
Cremation Services' discretion, and that your license to use the site may be
terminated by MacDonald Funeral Home & Cremation Services at any time.
Ownership of Intellectual Property
7. This web
site and all of the material that it contains is owned by MacDonald Funeral
Home & Cremation Services, Batesville or their third party licensors and is
protected by intellectual property and other laws throughout the world. Except
as permitted by this Agreement, nothing found on the web site may be copied,
reproduced, republished, distributed, sold, licensed, transferred or modified
without the express written permission of MacDonald Funeral Home &
Cremation Services. You agree that you will not take any actions inconsistent
with MacDonald Funeral Home & Cremation Services' ownership of the site and
its content, or with Batesville's ownership of any content licensed for use on
this web site.
8. The
trademarks, logos, and service marks displayed on this web site are owned by MacDonald
Funeral Home & Cremation Services, Batesville and/or third parties, and
this web site's trade dress is owned by MacDonald Funeral Home & Cremation
Services and/or Batesville. All trademarks not owned by MacDonald Funeral Home
& Cremation Services are the property of their respective owners, and,
where used by MacDonald Funeral Home & Cremation Services, are used with
permission. Nothing contained on this web site may be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any trademark.
You agree that you will not take any actions inconsistent with MacDonald
Funeral Home & Cremation Services' ownership of the trademarks and trade
dress used on this site, or with any third party's ownership of its trademarks
used on this site.
Privacy Policy
9.
By using this web site, you consent to MacDonald Funeral Home & Cremation Services'
collection and use of personal information as discussed in MacDonald Funeral
Home & Cremation Services' Privacy Policy, which is hereby incorporated
into this Agreement. A copy of the Privacy Policy can be accessed here [https://www.macdonaldfuneral.com/privacy].
You further consent to Batesville's collection and use of personal information
in accordance with the provisions of its Privacy Policy, which can be accessed
here http://www.meaningfulfunerals.net/batesville-privacy-policy.html .
Batesville's collection of information is limited to information necessary to
facilitate its role as host of the web site.
Electronic Communication Notice
10. Any
communications you send to MacDonald Funeral Home & Cremation Services by
electronic mail are on a non-confidential basis, and MacDonald Funeral Home
& Cremation Services is under no obligation to refrain from reproducing,
publishing, or otherwise using them in any way or for any purpose. MacDonald
Funeral Home & Cremation Services shall be free to use the content of any
such communications, including any ideas, inventions concepts, techniques or
know-how disclosed therein, for any purpose including developing, manufacturing
and/or marketing goods or services. The sender of any communications to MacDonald
Funeral Home & Cremation Services shall be responsible for the content and
information contained therein, including its truthfulness and accuracy.
User Activity
11. You agree
to accept responsibility for your activities while visiting the site or using
any associated services. Without limiting the foregoing, you specifically
represent that you understand that you, and not MacDonald Funeral Home &
Cremation Services, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available, either privately or
publicly, through the web site or any associated services.
12. You
represent and warrant that you own or otherwise control all the rights to any
Content you post or submit to the web site or using any related services, that
use of the information or Content you post or submit does not violate the intellectual
property rights of any third parties, nor any third party's privacy rights,
rights of publicity and other proprietary rights, and that use of the
information or content you post or submit will not cause injury to any person
or entity. You further represent and warrant that any Content you post or
submit to the web site will not contain libelous, defamatory or otherwise
unlawful material; will not contain any material that is or may be viewed as
threatening, abusive, insulting, hateful, harassing, degrading, indecent,
profane or obscene; will not advocate any unlawful activity; will not contain
or link to any information that you do not have a right to make public; will
not contain software viruses or other harmful devices; will not comprise unsolicited
or unauthorized advertising; and will not be part of any mass mailing or other
form of spam. You agree that you will indemnify MacDonald Funeral Home &
Cremation Services, Batesville and their affiliates for all claims resulting
from or related to Content you post or submit.
13. You further
represent and warrant that you shall not (i) impersonate any other person or
entity or falsely state or otherwise misrepresent your affiliation with a
person or entity, or adopt a false identity if the purpose of doing so is to
mislead, deceive, or defraud another; (ii) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content you post
or submit to or via the web site and any related services; (iii) use the web
site and any associated services in any manner which could damage, disable,
overburden, impair, or otherwise interfere with the use of the web site and
associated services by any other users, or which could damage, destroy, or
otherwise disrupt or limit the functionality of any computer software or
hardware or telecommunications equipment, including but not limited to by means
of posting, submitting, transmitting or providing a link to any computer
viruses, Trojan horses, worms, or other harmful computer code intended to
damage, interfere with, intercept, monitor surreptitiously, or take over
another computer; (iv) attempt to gain unauthorized access to this web site,
any related website, computer system, or networks connected to this web site,
through hacking, password mining, or any other means; (v) provide material
support or resources (or to conceal or disguise the nature, location, source,
or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act; (vi) obtain or
attempt to obtain any materials or information through any means not
intentionally made available through this web site, including but not limited
to harvesting or otherwise collecting personal or contact information of other
users; and (vii) contact anyone who has asked not to be contacted,
"stalk" or otherwise harass another person or entity, or harm minors
in any way.
14. You hereby
expressly grant to MacDonald Funeral Home & Cremation Services and
Batesville a royalty-free, perpetual, non-exclusive, irrevocable right and
license to use, reproduce, adapt, modify, publish, edit, translate, perform,
transmit, sell, exploit, sublicense or otherwise distribute and display the
Content for any reason and in any manner it chooses, including for promotional
and advertising purposes, alone or as a part of other works, in any form,
medium or technology now known or later developed, and you waive all moral
rights in all such Content.
15. MacDonald
Funeral Home & Cremation Services does not and is not obligated to
regularly review, monitor, delete or edit the Content of the web site or any
associated services. However, MacDonald Funeral Home & Cremation Services
reserves the right to do so at any time in its sole discretion, for any reason
or no reason, and to edit or delete any posting or submission with or without
notice, and you acknowledge that MacDonald Funeral Home & Cremation
Services has the right to do so. MacDonald Funeral Home & Cremation
Services is not responsible or liable for damages of any kind arising from any
Content, or from MacDonald Funeral Home & Cremation Services' alteration or
deletion of any Content, even when MacDonald Funeral Home & Cremation
Services is advised of the possibility of such damages.
Links
16. MacDonald
Funeral Home & Cremation Services may provide links to other Internet sites
or resources via this web site. MacDonald Funeral Home & Cremation Services
has not reviewed the accuracy of the content of any linked third party web
site. No endorsement of any such linked third party web site is made, either
express or implied. Because MacDonald Funeral Home & Cremation Services has
no control over such sites and resources, you acknowledge and agree that MacDonald
Funeral Home & Cremation Services is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that MacDonald Funeral Home & Cremation Services 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 use of or reliance on any
content, goods or services available on or through any such site or resource.
Use of such links is at your own risk.
17. If you link
to this web site, you agree to abide by the restrictions in this section. You
agree that the link to this web site must not damage, dilute, or tarnish MacDonald
Funeral Home & Cremation Services or Batesville, or the goodwill associated
with any MacDonald Funeral Home & Cremation Services names and/or
intellectual property or any Batesville names and/or intellectual property, and
that the link shall not create the false impression that your web site and/or
organization is sponsored by, endorsed by, affiliated and/or associated with MacDonald
Funeral Home & Cremation Services and/or Batesville. You agree that you
will not link to the web site from any source that is unlawful, abusive,
indecent or obscene, that promotes violence or illegal acts, that contains
expressions of racism, or that is libelous, defamatory, scandalous,
inflammatory, or is otherwise inappropriate. Under no circumstances will you
"frame" this web site or alter its intellectual property or content
in any way. MacDonald Funeral Home & Cremation Services reserves the right,
in its sole discretion, to terminate a link with any web site that it deems
inappropriate or inconsistent with MacDonald Funeral Home & Cremation
Services, its web site, and/or these terms.
Disclaimer of Warranties; Indemnification; Resolution of
Disputes
18. MacDonald
Funeral Home & Cremation Services provides this web site and the associated
services in connection with one or more affiliated companies. Any terms and
conditions related to the disclaimer of warranties, your obligation to
indemnify MacDonald Funeral Home & Cremation Services, and your available
remedy in the event of any dispute apply equally with respect to these
affiliated companies.
19. THIS WEB
SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MACDONALD
FUNERAL HOME & CREMATION SERVICES ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MACDONALD FUNERAL HOME & CREMATION SERVICES MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS
INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED
THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MACDONALD
FUNERAL HOME & CREMATION SERVICES DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY,
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF
NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR
USAGE OR TRADE.
20. BY USING
THIS WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED
SERVICES IS AT YOUR OWN RISK. MACDONALD FUNERAL HOME & CREMATION SERVICES
DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR
ON BEHALF OF MACDONALD FUNERAL HOME & CREMATION SERVICES ARE FREE OF
VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, MACDONALD FUNERAL HOME
& CREMATION SERVICES DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND
ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU
AND MACDONALD FUNERAL HOME & CREMATION SERVICES, OR BETWEEN YOU AND ANY
OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD
PARTIES.
21. MACDONALD
FUNERAL HOME & CREMATION SERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS
SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF MACDONALD FUNERAL HOME
& CREMATION SERVICES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MACDONALD FUNERAL
HOME & CREMATION SERVICES WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR
COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING
FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY
MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S
UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON MACDONALD
FUNERAL HOME & CREMATION SERVICES' COMPUTERS AND/OR SERVERS.
22. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
23. You agree
to indemnify, defend and hold harmless MacDonald Funeral Home & Cremation
Services, Batesville, and their subsidiaries, agents, distributors and
affiliates, and their officers, directors and employees, from and against any
claim, demand, damages, cost and expenses, including reasonable attorney fees,
arising from or related to your use of this web site and the services provided
in connection with the web site, or your breach of any provision of this
Agreement or any warranty provided hereunder.
24. You agree
that if you are dissatisfied with the web site or any services offered in
connection with the web site, if you do not agree with any part of this
Agreement, or you have any other dispute or claim with or against MacDonald
Funeral Home & Cremation Services or Batesville with respect to this
Agreement or the web site, your sole and exclusive remedy is to discontinue
using the web site and any services offered in connection with the web site.
25. You agree
that the laws of the State of Indiana will govern this Agreement, without
giving effect to any principles of conflicts of laws. Any action or proceeding
arising out of this Agreement or your use of this web site must be brought in
the state courts located in Ripley County, Indiana, or the federal courts
located in Marion County, Indiana, and you hereby consent to the exclusive
personal jurisdiction of such courts. You further agree to file any cause of
action with respect to this Agreement within one year after the cause of action
arises. You agree that a cause of action filed after this date is barred.
General Information
26. This
Agreement represents the entire understanding between the parties regarding
your use of the web site, and supersedes all other agreements, express or
implied, between them. This Agreement shall not be modified except as permitted
in Section 1 of this Agreement or except in writing, signed by an authorized
representative of MacDonald Funeral Home & Cremation Services. If any
provision of this Agreement is determined to be invalid or unenforceable for
any reason whatsoever, the remainder of this Agreement shall be enforced to the
extent possible, and the offending provision shall be treated as though not a
part of this Agreement. MacDonald Funeral Home & Cremation Services'
failure to act with respect to a breach of this Agreement by you or others does
not constitute a waiver of its rights with respect to that breach or any
subsequent breach, nor shall it constitute a waiver of any other rights under
this Agreement.
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