Terms of Use |
These Terms of Use are entered into by and between you and Jackava, LLC, and its affiliate, JAM flowers, LLC, together with Joseph A. Fluehr, III Funeral Home, Inc. (collectively, the “Company,” “we,” “us,” or “our”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of www.fluehr.com, including any content, functionality, and services offered on or through www.fluehr.com (the “Site”), whether as a guest or a registered user. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound and abide by these Terms of Use, our Privacy Policy, and all other operating rules, policies and procedures, including, without limitations those related to ordering and delivery, all of which are incorporated into these Terms of Use by reference. If you object to any of the terms in this Agreement, please do not access or use the Site, sign up for an account or purchase any products or services using this Site. This Agreement sets forth the legally binding terms for your use of the Site, any account you may establish on the Site and your purchase or use of any products or services offered on the Site. By accessing and/or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all of the terms and conditions set forth in this Agreement. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any Site feature with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 1. LIMITED LICENSE TO SITE. Jackava, LLC grants you a limited, revocable, and non-exclusive license to make personal, non-commercial use of the Site. Any unauthorized use of the Site shall terminate any license or permission granted by Jackava, LLC. 2. ELIGIBILITY. You represent and warrant that you are at least 18 years old. If you are under 18 years old, you agree to only use the Site with supervision and involvement of your parent or legal guardian. 3. REGISTRATION. In order to use certain features of the Site (e.g., purchasing products), you must register for an account with the Company and provide certain information about yourself as prompted by the registration form. Whenever you provide the Company information on the Site, you agree to: (a) provide true, accurate, current, and complete information, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. You may de-activate your account at any time, for any reason. The Company may suspend or terminate your account at any time, for any reason, without notice to you.If you provide any information that is, or the Company suspects is, untrue, inaccurate, not current or incomplete, the Company may without notice suspend or terminate your access to the Site and refuse any and all current or future use of the Site (or any portion of the Site). 4. PASSWORD AND SECURITY.
5. USER CONTENT. “User Content” means any and all information and content that you submit to the Company through the Site or by any other means, including through social media (e.g., Facebook, Twitter), or that you use with the Site (e.g., a user profile or a feedback submission). You may control the amount of information that is accessible to the Company by adjusting your Facebook account privacy settings. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You affirm, represent, and warrant that: (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate this Agreement. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Company. Because you alone are responsible for your User Content (and not the Company), you may expose yourself to liability if, for example, your User Content violates this Agreement. The Company is not obligated to backup any User Content, makes no representation that it will do so, and you agree that the Company may delete User Content at any time. 6. LICENSE OF USER CONTENT. By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, the Company social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights or attribution with respect to your User Content. The Company will treat any feedback, communications, or suggestions you provide to the Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with the Company to the contrary, you agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary. 7. PROPRIETARY RIGHTS.
8. THIRD PARTY WEBSITES. The Site may contain links to other websites not operated by the Company, which are completely independent of the Site. Your interactions with such third party sites, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations and/or individuals. The Company makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such Site. The inclusion of any links to other websites does not imply affiliation, endorsement, or adoption by the Company of those websites or the contents of any such website. The Company is not responsible for the content, links, or privacy of any linked website. Access to any other websites linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including, without limitation, privacy and data gathering practices, of such third-party website. 9. ELECTRONIC SIGNATURES. The Site may provide you with the ability to execute certain contracts and instruments by electronic signature. All certificates, contracts, instruments, agreements and document ssigned electronically by you on or through this Site shall have the same legal validity and enforceability as a manually executed agreement to the fullest extent permitted by applicable law, and you hereby waive any objection to the contrary. Please see the Electronic Record and Signature Disclosure here for further information regarding your right to receive and the way to request written notices and disclosures. By placing my electronic signature on the above document, I agree to be bound thereby and by all terms and conditions associated with the use of this Site including without limitation the Electronic Record and Signature Disclosure. I have instructed the funeral home to complete the information above and the same is correct and complete. If necessary, I have instructed the funeral home to insert my initials where indicated and hereby ratify and affirm the same as if initialed by me. 10. RULES OF CONDUCT.
11. DISCLAIMER OF WARRANTY. The Site and all information, materials, products (including, without limitation, software), services, content, andthe Company Marks included on or otherwise made available to you through the Site are provided by the Company “as is” and on an “as available” basis. The Company makes no warranties, including, without limitation, with respect to the operation of the Site or to the information, materials, products, services and the Company Marks included on or otherwise made available to you through the Site, whether express or implied, oral or in writing, in fact or arising by operation of law, course of dealing, usage of trade, or otherwise. To the greatest extent permitted by applicable law, the Company disclaims and you waive all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement. The Company makes no warranty that use of the Site will be uninterrupted or error-free. The Company makes no warranty and disclaims any liability regarding the accuracy or validity of any data, materials and/or information available through use of the Site or residing on or passing through any interconnecting networks used in connection with the Site. 12. LIMITATION OF LIABILITY.
13. INDEMNITY. You agree to indemnify and hold harmless the Company Parties from and against any claim or demand, including reasonable attorneys’ fees, made by a third party related to or arising out of your: (a) access or use of the Site; (b) failure to access or use the Site; (c) breach of this Agreement, including, without limitation, the Privacy Policy; or (d) violation of any applicable law or the rights of a third party. 14. APPLICABLE LAW; JURISDICTION; VENUE; INJUNCTIVE RELIEF.
15. MODIFICATIONS. The Company reserves the right to make modifications to this Agreement from time to time and will post a notification of such changes on the Site. You are responsible for periodically checking the Site to become aware of any such modifications. 16. INDEPENDENT CONTRACTORS. No agency, association, partnership, or joint venture between you and the Company is intended or created by this Agreement. 17. SITE SECURITY. Violating the security of the Site is prohibited and may result in criminal and civil liability. The Company may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including, without limitation, any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, system flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header or any part of a message header, and using manual or electronic means to avoid any use limitations. 18. ENFORCEMENT.
19. ENTIRE AGREEMENT. This Agreement, including all documents incorporated by reference herein, constitutes the complete agreement between you and the Company and supersedes all previous communications, representations, proposals or agreements, either oral or written, with respect to the Site and any information, materials, products, services, the Company Marks or content available through the Site. If any provision of this Agreement shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of this Agreement. This Agreement may be waived, only by a written instrument signed by the party waiving compliance. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 20. CONTACT INFORMATION. Please direct all inquiries regarding the Site or this Agreement to JACKAVA LLC at [email protected]. |