AGREEMENT BETWEEN — — USER AND Purdy Monument Company
Purdy Monument Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF — — USE
Purdy Monument reserves the right to change the terms, conditions, and notices under which the PurdyMonument.com. website is offered, including but not limited to the charges associated with the use of the website.
LINKS TO THIRD PARTY SITES
The Purdy Monument website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Purdy Monument and Purdy Monument is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Purdy Monument is not responsible for webcasting or any other form of transmission received from any Linked Site. Purdy Monument is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Purdy Monument or any association with its operators.
NO UNLAWFUL OR PROHIBITED — — USE
As a condition of your use of the Purdy Monument website, you warrant to Purdy Monument that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the Purdy Monument website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Purdy Monument website.
— — USE OF COMMUNICATION SERVICES
The Purdy Monument website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent
- Violate any applicable laws or regulations.
Purdy Monument has no obligation to monitor the Communication Services. However, Purdy Monument reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Purdy Monument reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Purdy Monument reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Purdy Monument’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Purdy Monument does not control or endorse the content, messages or information found in any Communication Service and, therefore, Purdy Monument specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Purdy Monument spokespersons, and their views do not necessarily reflect Purdy Monument.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Purdy Monument OR POSTED AT ANY Purdy Funeral Service WEB SITE
Purdy Monument does not claim ownership of the materials you provide to Purdy Monument (including feedback and suggestions) or post, upload, input or submit to any Purdy Monument website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Purdy Monument and its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Purdy Monument is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Purdy Monument’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Purdy Monument WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pet Passages, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Purdy Monument WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Pet Passages, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Purdy Monument AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Pet Passages, Inc. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Purdy Monument AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Purdy Monument AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF — — USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — — USE OR PERFORMANCE OF THE Purdy Monument WEB SITE, WITH THE DELAY OR INABILITY TO — — USE THE Pet Passages, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Purdy Monument WEB SITE, OR OTHERWISE ARISING OUT OF THE — — USE OF THE Purdy Funeral Service WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pet Passages, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECA– — USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Purdy Monument WEB SITE, OR WITH ANY OF THESE TERMS OF — — USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Purdy Monument WEB SITE.
SERVICE CONTACT: email@example.com
Purdy Monument reserves the right, in its sole discretion, to terminate your access to the webiste and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, U.S.A. in all disputes arising out of or relating to the use of the Purdy Monument website. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pet Passages, Inc. as a result of this agreement or use of the website. Purdy Monument performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Purdy Monument right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Purdy Monument with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Purdy Monument with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Purdy Monument with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Purdy Monument Web Site are: Copyright 2016 by Purdy Monument and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
The Collection, Use and Disclosure of Personal Information
(A) No personal information shall be collected from an individual without first obtaining the consent of the individual to the collection, use and dissemination of that information.
(B) Express consent (whether oral or written) must always be obtained except in the following situation: consent may be implied where the information is not sensitive and where it can be reasonably assumed that the individual would expect the information to be disclosed in this fashion.
(C) Once information is collected, it will be used and disclosed only for the purposes disclosed to the individual.
(D) Standard form listing contracts and/or buyer agency agreements, prepared by the association for use by members, shall contain the clauses by which the seller/buyer consents to the collection, use and disclosure of personal information.
(E) The sensitivity of information must be taken into consideration when collecting, using, and disclosing personal information. However, disclose certain information to government agencies, consumer-reporting agencies, and other outside parties as permitted or required by the Federal Privacy Act and other applicable laws. These disclosures are typically made for specific, limited purposes, such as verifying individuals’ identities, reducing fraud and identity theft, verifying information or credit approvals, and reporting transactions to credit reporting agencies.
Purdy Monument is also committed to preventing others from gaining unauthorized access to your customer information, and we enforce our privacy policies through the use of processes, procedures, and technology specifically designed to ensure the confidentiality of your personal information.
In addition, we restrict access to your information by our employees and agents to that of business purposes only. Agents may include third parties who help service your account or help provide our products and services to you. We may also enter into joint marketing arrangements with other parties to make you aware of products or services we think you might be interested in. We require any party who has access to your information to maintain the confidentiality of the information and not use it for their own purposes.
If you specifically request us to provide nonpublic personal information to anyone, such as mortgage companies or other lenders, we will provide the information only upon your written or verified email authorization.
(1) Purdy Monument may monitor Your use of the Website, and may freely use and disclose any information and materials received from You or collected through Your use of the Website for any lawful reason or purpose. Purdy Monument may remove from the Website any postings which Purdy Monument deems inappropriate or unsuitable, without notice or liability.
(2) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) on or to the Website, You hereby grant to Purdy Monument a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Pet Passages for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
(3) You acknowledge that transmission to and from the Website are not confidential and Your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Purdy Monument, no confidential, fiduciary, contractually implied or other relationship is created between You and Purdy Monument other than pursuant to the Terms and Conditions.
(4) Purdy Monument might sell or buy other businesses or assets, including customer information.
Encrypted Data Transmission
This website secures your private information using a SSL Certificate. Information exchanged with any address beginning with “https” is encrypted using SSL before it is transmitted.
Most browsers are automatically set up to accept cookies. If you would prefer, you can set your browser to reject cookies. However, you might not be able to use certain features on the site.
Purdy Monument uses Google Analytics to analyze traffic to this Web site in order to help us understand our customers’ and visitors’ needs and to continually improve our site for them. The data they collect on our behalf may include search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, and the most popular pages. We also collect certain technical information, such as the browser version and operating system. Google Analytics collects only anonymous, aggregate statistics. For example, we do not tie a specific visit to a specific IP address and we do not correlate this tracking with personally identifiable information.
Assistance to Victims of Identity Theft
If you suspect that someone has had unauthorized access to your account with us or access to your personally identifiable information, you should report this crime to your local law enforcement agency and to the Federal Trade Commission (FTC). To speak with a trained FTC telephone counselor, call toll-free 1-877-IDTheft (1-877-438-4338). Or, to enter information about your complaint into a secure FTC online database, visit www.consumer.gov/idtheft. The site also provides links to consumer education materials.
Notification of Changes
These practices and policies are subject to change, but we will communicate any material changes to you. The practices and policies in this disclosure replace all previous privacy notices or statements of Pet Passages.
Receiving E-mail from Purdy Monument
Purdy Monument does not send unsolicited e-mail. When you provide your e-mail address to us, it is under the explicit understanding that you want to receive information from Purdy Monument. Every time you submit a change in your account, Purdy Monument will send you an automatic response confirming your change. In addition, we may contact you from time to time (or have our agents contact you in our behalf) for the purpose of informing you about Purdy Monument products, services, and programs.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site or your dealings with this Web site, please contact us.