1. AGREEMENT: This website is offered by Parker-White Funeral Home, Inc. and its affiliate, Pruitt Funeral Home (“Company”). Our website and all use of it are governed by the following TERMS OF SERVICE. By viewing, using, accessing, browsing or submitting any content or material on or to this site, you agree to this TERMS OF SERVICE as a binding legal agreement between you and the Company to the fullest extent permitted by law. You further agree that the Company shall have the right to alter or amend the TERMS OF SERVICE or any other guidelines or policies at any time, with or without advance notice to you. You agree that each visit you make to this website and your continued use of our website shall confirm that you have read, accepted and agreed to be bound by such modifications of the TERMS OF SERVICE.
2. You understand and agree that the website is provided (AS IS) and that the Company assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications. To use the website, you must obtain access to the World Wide Web, pay any service fees for such access, and provide all equipment necessary to make such connection.
3. You may have to register to have access to additional pages of this website. Otherwise, there is no requirement or account registration. To continue using the website, you must make certain that this information remains accurate and complete. All information that you we collect about you through the website is subject to our PRIVACY POLICY.
4. If you are required to registar please keep your password confidential at all times, because you are responsible for all activities that occur under your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security, and exit your account at the end of each session.
5. This website is intended for your personal use only. You agree not to use the website or any of its content for commercial purposes and/or copy the content to another website. You are responsible for all data, text, photographs, graphics, messages or other materials that you post, transmit. The Company does not control the content delivered to the website and does not guarantee or make any representations regarding the accuracy, integrity or quality of such content. To the fullest extent permitted by law, you agree that the Company is not liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of content delivered to the website. You further agree that you will not use the website to:
• Post content that is or may be deemed by the Company to be abusive, defamatory, deceptive or misleading, hateful, obscene, prejudiced, threatening, vulgar or otherwise objectionable or post content which is inappropriate for minors to view ;
• Post content that contains software viruses or any other code, files or programs designed to damage or disrupt any software, hardware or telecommunications equipment;
• Interfere with or disrupt the website or servers or networks connected to the website;
• Post content which contains copyrighted content without the express written permission of the owner of the copyrighted content, or infringes upon any copyright, trademark or other intellectual property right;
• Attempt to modify, alter, recreate or otherwise use the Company’s website for any purpose;
• Collect or store personal data about other users;
• Violate any applicable law or regulations;
• Harm or harass any person or entity.
You also agree that you will not use any ROBOT, SPIDER, or other AUTOMATIC DEVICE, or MANUAL PROCESS to copy our website or its content for any purpose without express written permission of the Company. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of this website. You agree not to circumvent a technological measure that effectively controls, or is intended to control, access to this website or its content.
The Company does not pre-screen Content, but we shall have the right in our sole discretion to reject or remove any Content that is submitted through the website. You agree to evaluate and bear all risks associated with the use of any content. You further agree to comply with all applicable laws of the country, state or province, and locality in which you reside regarding online conduct, acceptable content and the transmission of data.
You agree that the Company may preserve content and disclose content when:
(i) the Company determines that disclosure is necessary to enforce the TERMS OF SERVICE, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or personal safety of the Company, its affiliates, its users and the public or (ii) the Company’s legal counsel determines that appropriate legal process requires disclosure.
You grant the Company and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all content you provide in any form, media, software or technology. Without limiting the generality of the previous sentence, you authorize the Company to include the content you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant the Company and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such content. You grant all rights described in this paragraph in consideration of your use of the website and our services of making content you provide us available to third parties, and without the need for additional compensation of any sort to you. The Company does not claim ownership of content you submit.
6. Images, text, or other information posted or found on this website are solely for the use of users who agree to abide by this TERMS OF SERVICE and the Company’s PRIVACY POLICY, and may not be used, reproduced, or published for any purpose, commercial or otherwise, without the express written permission of the Company and the owner of the images, text, or other information.
7. Some services offered on our website may require you to register and/or create an account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the website.
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify the Company of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. To the fullest extent permitted by applicable law, we will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this policy.
8. You acknowledge that the Company may establish general practices and limits concerning use of the website, including without limitation the number of days that memorial postings or other uploaded content will be retained, the size of any message that may be posted, the disk space that will be allotted on the Company’s servers on your behalf, and the amount of time during which you may access the website.
9. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the website with or without notice. In addition, The Company’s ability to provide the website is contingent upon many factors that may be out of the Company’s control. To the fullest extent permitted by applicable law, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website for any reason.
10. You agree that the Company, in its sole discretion, may terminate your password, account or use of the website, and may remove and discard any Content within the website if the Company believes that you have violated the letter or spirit of the TERMS OF SERVICE. You agree that any termination of your access to the website under any provision of this TERMS OF SERVICE may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website.
11. Any communication with advertisers found on or through the website are solely between you and the advertiser. To the extent permitted by applicable law, you agree that the Company is not liable for any loss or damage of any sort incurred as the result of the acts or omissions of such advertisers.
12. The website may provide, or third parties may provide, links to other websites. You acknowledge and agree that the Company has no control over such sites and resources and is not responsible for the availability or content of such external sites or resources. To the fullest extent permitted by applicable law, you further acknowledge and agree that the Company 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 such content, goods or services available on or through any such site.
13. To the extent permitted by law, you understand and agree that your use of the website is provided on an (AS IS) and (AS AVALIABLE) basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantabilit. The Company makes no warrant that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure or error free, (iii) the quality of any products, services, information or other material purchased or obtained by you through the website will meet your expectations, or (iv) any errors in the website will be corrected.
You also expressly understand and agree that (i) any material downloaded or otherwise obtained through the website is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material and (ii) no advice or information, whether oral or written, obtained by you from the Company or through or from this website shall create any warranty not expressly stated in this TERMS OF SERVICE.
14. To the extent permitted by law, you understand and agree that the Company is not liable for any direct, indirect, incidental, special, consequential or other damages resulting from: (i) your use or inability to use the website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the website; or (iv) any other matter relating to the website.
15 INDEMNITY. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand or loss made by any third party due to or arising out of Content you submit, post, transmit or make available through the website, your use of the website, your connection to the website, your violation of the TERMS OF SERVICE, or your violation of the rights of any other person or entity.
16. The TERMS OF SERVICE between you and the Company shall be governed by the laws of the State of South Carolina.
17. The failure of the Company to exercise or enforce any right or provision of the TERMS OF SERVICE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF SERVICE is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect.