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