Terms of Use Agreement
The effective date of this Agreement is August 1, 2011.
This web site is owned by Cunningham Parker & Johnson
("Cunningham Parker & Johnson"). Cunningham Parker & Johnson
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 Cunningham Parker & Johnson 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 Cunningham Parker & Johnson 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 Cunningham
Parker & Johnson 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. Cunningham
Parker & Johnson 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. Cunningham
Parker & Johnson 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 Cunningham
Parker & Johnson. 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 Cunningham Parker & Johnson
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. Cunningham Parker
& Johnson 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 Cunningham Parker & Johnson does not control
this third-party Content, and that the opinions expressed in said Content are
not necessarily those of Cunningham Parker & Johnson, Batesville or any
content providers, advertisers, sponsors, affiliated or related entities. Cunningham
Parker & Johnson does not guarantee the accuracy, integrity or quality of
such Content, and Cunningham Parker & Johnson 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 Cunningham Parker & Johnson 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 Cunningham Parker &
Johnson's discretion, and that your license to use the site may be terminated
by Cunningham Parker & Johnson at any time.
Ownership of Intellectual Property
7. This web
site and all of the material that it contains is owned by Cunningham Parker
& Johnson, 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 Cunningham Parker & Johnson. You agree that
you will not take any actions inconsistent with Cunningham Parker & Johnson's
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 Cunningham
Parker & Johnson, Batesville and/or third parties, and this web site's
trade dress is owned by Cunningham Parker & Johnson and/or Batesville. All
trademarks not owned by Cunningham Parker & Johnson are the property of
their respective owners, and, where used by Cunningham Parker & Johnson,
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 Cunningham Parker & Johnson's 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 Cunningham Parker & Johnson's
collection and use of personal information as discussed in Cunningham Parker
& Johnson's Privacy Policy, which is hereby incorporated into this
Agreement. A copy of the Privacy Policy can be accessed here [https://www.cpjfuneralhome.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 Cunningham Parker & Johnson by electronic mail
are on a non-confidential basis, and Cunningham Parker & Johnson is under
no obligation to refrain from reproducing, publishing, or otherwise using them
in any way or for any purpose. Cunningham Parker & Johnson 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 Cunningham Parker & Johnson 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 Cunningham Parker & Johnson,
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 Cunningham Parker & Johnson,
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 Cunningham Parker & Johnson 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. Cunningham
Parker & Johnson does not and is not obligated to regularly review,
monitor, delete or edit the Content of the web site or any associated services.
However, Cunningham Parker & Johnson 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 Cunningham
Parker & Johnson has the right to do so. Cunningham Parker & Johnson is
not responsible or liable for damages of any kind arising from any Content, or
from Cunningham Parker & Johnson's alteration or deletion of any Content,
even when Cunningham Parker & Johnson is advised of the possibility of such
damages.
Links
16. Cunningham
Parker & Johnson may provide links to other Internet sites or resources via
this web site. Cunningham Parker & Johnson 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 Cunningham
Parker & Johnson has no control over such sites and resources, you
acknowledge and agree that Cunningham Parker & Johnson 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 Cunningham Parker & Johnson 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 Cunningham
Parker & Johnson or Batesville, or the goodwill associated with any Cunningham
Parker & Johnson 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 Cunningham Parker & Johnson 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. Cunningham Parker & Johnson
reserves the right, in its sole discretion, to terminate a link with any web
site that it deems inappropriate or inconsistent with Cunningham Parker &
Johnson, its web site, and/or these terms.
Disclaimer of Warranties; Indemnification; Resolution of
Disputes
18. Cunningham
Parker & Johnson 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 Cunningham
Parker & Johnson, 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 CUNNINGHAM
PARKER & JOHNSON ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CUNNINGHAM PARKER & JOHNSON 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, CUNNINGHAM PARKER & JOHNSON 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. CUNNINGHAM PARKER & JOHNSON DOES NOT WARRANT
OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF CUNNINGHAM
PARKER & JOHNSON ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
FURTHER, CUNNINGHAM PARKER & JOHNSON DOES NOT GUARANTEE THE CONTINUOUS,
UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL
COMMUNICATIONS BETWEEN YOU AND CUNNINGHAM PARKER & JOHNSON, OR BETWEEN YOU
AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE
BY THIRD PARTIES.
21. CUNNINGHAM
PARKER & JOHNSON 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 CUNNINGHAM PARKER & JOHNSON HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, CUNNINGHAM PARKER & JOHNSON 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 CUNNINGHAM PARKER & JOHNSON'S 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 Cunningham Parker & Johnson, 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 Cunningham
Parker & Johnson 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 Cunningham Parker & Johnson. 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. Cunningham Parker & Johnson's 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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