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Memorial Link.com LLC PLEASE READ AGREEMENT BEFORE USING Terms of Use- PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THE MEMORIAL LINK.COM WEB SITE ("this site"). By using this site, you agree to these terms of use. If you do not agree to these terms, we encourage you to not use this site. Memorial Link.com reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. Copyright All site design, text, graphics, interfaces, and the selection and arrangements thereof are ©1999, 2000 Memorial Link.com all rights reserved. Trademarks All trademarks, service marks, and trade names (collectively the "marks") are proprietary to Forever Memorials, LLC. (DBA Memorial Link.com) Disclaimer The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Forever Memorials, LLC. (DBA Memorial Link.com) disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Forever Memorials, LLC. (DBA Memorial Link.com) does not represent or warrant that the information accessible via this site is accurate, complete, or current. Price and availability information is subject to change without notice. View our: Customer Software License Agreement Limitation on Liability In no event shall Forever Memorials, LLC. (DBA Memorial Link.com) be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Memorial Link.com has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, and materials available from this site. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Links and Resources Disclaimer Although we at Memorial Link.com tried to determine the most beneficial links, the Web sites provided have been created and are maintained by organizations independent of Memorial Link.com. Memorial Link.com does not have any control nor input on the content of these sites, nor can it guarantee the accuracy, completeness, or timeliness of their information. Use of their information is voluntary, and reliance on such information should be made only after an independent review. We have included short descriptions of each site we feel represent that site fairly; however, any references to commercial products or services within any of these sites does not constitute nor imply an endorsement by Memorial Link.com. You acknowledge Forever Memorials, LLC. (DBA Memorial Link.com) is not responsible for the availability of, or the content located on or through, any external site. Please contact Memorial Link.com if you have any concerns regarding such links or the content located on such external sites. Permanence Fund A portion of the cost of each Memorial Link Memorial is set aside for storage, upkeep, and technical upgrades. If Memorial Link.com ever ceases operations in its current form, the Permanence Fund will be available to pay for the transfer of files to another World Wide Web host or the appropriate equivalent thereof. While we can provide no guarantees, we are seeking to ensure every Memorial Link Memorial is preserved and available to future generations as electronic media and digital technology evolve. Customer Software License Agreement This WEBSITE contains texts, graphics, applications, and content either created or supplied by Memorial Link.com LLC ("ML") and its Clients ("CLIENT"). Certain images and designs of the Website were developed and are owned and distributed by ML. Your license, as set forth below, to use the Website is granted by ML and its CLIENT. 1. License: You have the limited non-exclusive right and license to use the Website under the terms and conditions contained in this Agreement. You may physically transfer the consumer data from one computer to another or printer provided that the information is not used for resale or for any other purpose other than consumer's personal use. You may not provide copies of any copyrighted programs, graphics, images, or data to others and you may not assign, sublicense, rent, sell or otherwise transfer the copyrighted information to others, but you may permanently transfer the copyrighted information to another user provided that you retain no copies and the recipient agrees to the terms of this Agreement. 2. Copies and Modifications: You may not make any copy of the copyrighted programs, graphics, images, or data enclosed herein on the Websites. You may not copy, modify, reverse engineer, decompile or disassemble the copyrighted programs, graphics, images, or data contained herein. 3. Ownership: All rights, including but not limited to copyrights and trade secret rights, to and in each Website (including the content thereof) belong to ML and CLIENT, and other third parties. Your use of the Website (including the content and items printed incorporating content) is subject to U.S. and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of ML, the CLIENT and other applicable third parties under such laws. Without limiting the foregoing, you may only sell or advertise products and services directly related to the funeral industry. Your use of certain any copyrighted programs, graphics, images, or data may be subject to additional restrictions as may be adopted from time to time. 4. Term: This license is effective from the day you use this Website until terminated. If you fail to comply with any term of this Agreement, this Agreement shall terminate your use without notice to you and you will be liable for any damages. In addition, ML, CLIENT, or any other third party may enforce their other legal rights. 5. Limited Warranty and Limitation of Liability: It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus, ML does not guarantee uninterrupted service or correction of errors or that the functions or performance of the Website will meet your requirements. THIS WEBSITE IS LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS SPECIFICALLY PROVIDED ABOVE WITH RESPECT TO THE MEDIA, NO EXPRESS OR IMPLIED WARRANTY (OR CONDITION)* AS TO THE QUALITY OR PERFORMANCE OF THE WEBSITE, INCLUDING ANY WARRANTY (OR CONDITION)* OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN FOR THE WEBSITE OR MATERIALS CONTAINED THEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED UNLESS OTHERWISE AGREED UPON. No other warranty or guaranty given by any person, firm or corporation with respect to the Website shall bind ML, the CLIENT or anyone else who has been involved in the creation, production or distribution of the Website. IN NO EVENT SHALL ML, THE CLIENT OR ANY OTHER PERSON, FIRM OR CORPORATION BE RESPONSIBLE FOR ANY EXPENSE OR INCONVENIENCE INCURRED, ANY REVENUE OR PROFITS LOST, OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR MISUSE OF, INABILITY TO USE, OR NONPERFORMANCE OF, THE WEBSITE. Some states or provinces do not allow limitation of how long implied warranties last, and do not allow the exclusion or limitation of damages, so the above limitations may not apply to you. The limited warranty granted herein shall not extend to anyone other than the original user of the Website. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from country to country. 6. Legal Restrictions: You agree that you shall not use the Website or the graphics or textual material contained in the Website for any unlawful purpose. The Website and the underlying information and technology may not be exported, directly or indirectly (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Website, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you are licensing Website on behalf of the U.S. Government, it shall be subject to "Restricted Rights", as that term is defined in the Federal Acquisition Regulations ("FARs") in paragraph 52.227-19(c)(2) or its equivalent in the DOD Supplement to the FARs or successor provisions. Contractor/Manufacturer for Website is CCSI. 7. Governing Law: This Agreement is governed by the laws of the State of Colorado, United States of America, without giving effect to the conflicts of laws principles thereof. 8. Acknowledgment: BY CLICKING ON THE "SUBMIT" BUTTON ABOVE , YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.