This Terms of Service Agreement for http://www.lawtonturso.com, is effective as of June 2, 2017.
This website is owned and operated by Lawton-Turso Funeral Home [“Lawton-Turso Funeral Home”]. This website and related services are provided to you, the user of this website, for personal, non-commercial use and is subject to your acceptance and compliance with the Terms of Service Agreement [“ToSA”]. Your use of this website and associated services confirms your unconditional acceptance of all terms and conditions listed herein. If you do not accept these terms and conditions, do not access this website.
This website is provided by Lawton-Turso Funeral Home through an agreement with JMC Media Group and its affiliated companies [collectively, “Media Group”], providing design and hosting support for the website. You acknowledge and agree that Media Group may claim the benefits and protections afforded to Lawton-Turso Funeral Home under this ToSA. This includes but is not limited to protections which minimize or eliminate liability, and that these protections may be exercised by Media Group regardless of whether Media Group is expressly mentioned pertaining to a protection or right expressed in this ToSA. You further acknowledge and agree that this ToSA does not place any obligations on Media Group.
Section 1.
Lawton-Turso Funeral Home reserves the right, in its sole discretion, to revise this ToSA at any time. Any changes to these terms will be included in a revised version of this ToSA accessible through the website at https://lawtonturso.com/terms-of-service/. Your continued use of the website and related services following posting of updated ToSA constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the website if you do not agree to be bound by the revised terms and conditions.
General Use and License
Section 2.
This website 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.
Section 3.
Lawton-Turso Funeral Home grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of this website. 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 website. 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 Lawton-Turso 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 website only for lawful purposes and in accordance with the terms and conditions contained herein.
Section 4.
The material presented on this website is for general information only. This website 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 Lawton-Turso Funeral Home for further information about the products and services described. Nothing on this website shall be construed as an offer to sell any product or service to any particular customer or in any particular jurisdiction. Lawton-Turso Funeral Home reserves the right to accept or reject any offer to purchase any products or services.
Section 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 Lawton-Turso Funeral Home does not control this third-party Content, and that the opinions expressed in said Content are not necessarily those of Lawton-Turso Funeral Home, Media Group, or any content providers, advertisers, sponsors, affiliated or related entities. Lawton-Turso Funeral Home does not guarantee the accuracy, integrity or quality of such Content, and Lawton-Turso Funeral Home makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the website. You understand that by using the website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lawton-Turso Funeral Home or Media Group 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 website and/or associated services. You acknowledge that any reliance on material posted or submitted by other users will be at your own risk.
Section 6.
You acknowledge that your use of this website is at Lawton-Turso Funeral Home’s discretion, and that your license to use the site may be terminated by Lawton-Turso Funeral Home at any time.
Ownership of Intellectual Property
Section 7.
This website and all material that it contains is owned by Lawton-Turso Funeral Home, Media Group or their third-party license and is protected by intellectual property and other laws throughout the world. Except as permitted by this Agreement, nothing found on the website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Lawton-Turso Funeral Home. You agree that you will not take any actions inconsistent with Lawton-Turso Funeral Home’s ownership of the site and its content, or with Media Group’s ownership of any content licensed for use on this website.
Section 8.
The trademarks, logos, and service marks displayed on this website are owned by Lawton-Turso Funeral Home, Media Group and/or third parties, and this website’s trade dress is owned by Lawton-Turso Funeral Home. All trademarks not owned by Lawton-Turso Funeral Home are the property of their respective owners, and, where used by Lawton-Turso Funeral Home, are used with permission. Nothing contained on this website 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 Lawton-Turso 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
Section 9.
By using this website, you consent to Lawton-Turso Funeral Home’s collection and use of personal information as discussed in Lawton-Turso Funeral Home’s Privacy Policy, which incorporated into this ToSA. A copy of the Privacy Policy can be accessed here: https://lawtonturso.com/privacy-policy/.
Electronic Communication Notice
Section 10.
Any communications you send to Lawton-Turso Funeral Home by electronic mail are on a non-confidential basis, and Lawton-Turso Funeral Home is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Lawton-Turso 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 Lawton-Turso Funeral Home shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
User Activity
Section 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 Lawton-Turso Funeral Home, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available, either privately or publicly, through the website or any associated services.
Section 12.
You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the website 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 website 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 Lawton-Turso Funeral Home, Media Group and their affiliates for all claims resulting from or related to Content you post or submit.
Section 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 website and any related services; (iii) use the website and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the website 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 website, any related website, computer system, or networks connected to this website, 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 website, 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.
Section 14.
You hereby expressly grant to Lawton-Turso Funeral Home and Media Group a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sub-license 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.
Section 15.
Lawton-Turso Funeral Home does not and is not obligated to regularly review, monitor, delete or edit the Content of the website or any associated services. However, Lawton-Turso 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 Lawton-Turso Funeral Home has the right to do so. Lawton-Turso Funeral Home is not responsible or liable for damages of any kind arising from any Content, or from Lawton-Turso Funeral Home’s alteration or deletion of any Content, even when Lawton-Turso Funeral Home is advised of the possibility of such damages.
Links
Section 16.
Lawton-Turso Funeral Home may provide links to other Internet sites or resources via this website. Lawton-Turso Funeral Home has not reviewed the accuracy of the content of any linked third-party website. No endorsement of any such linked third party website is made, either express or implied. Because Lawton-Turso Funeral Home has no control over such sites and resources, you acknowledge and agree that Lawton-Turso 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 Lawton-Turso 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.
Section 17.
If you link to this website, you agree to abide by the restrictions in this section. You agree that the link to this website must not damage, dilute, or tarnish Lawton-Turso Funeral Home or Media Group, or the goodwill associated with any Lawton-Turso Funeral Home names and/or intellectual property or any Media Group names and/or intellectual property, and that the link shall not create the false impression that your website and/or organization is sponsored by, endorsed by, affiliated and/or associated with Lawton-Turso Funeral Home and/or Media Group. You agree that you will not link to the website 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 website or alter its intellectual property or content in any way. Lawton-Turso Funeral Home reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with Lawton-Turso Funeral Home, its website, and/or these terms.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
Section 18.
Lawton-Turso Funeral Home provides this website 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 Lawton-Turso Funeral Home, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies.
Section 19.
This website, its content, and any associated services are provided by Lawton-Turso Funeral Home on an “as is” and “as available” basis. Lawton-Turso funeral home makes no representations or warranties of any kind, express or implied, as to the operation of this website, 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, Lawton-Turso 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.
Section 20.
By using this website, you acknowledge that your use of the site and any associated services is at your own risk. Lawton-Turso Funeral Home does not warrant or guarantee that its website, servers or e-mails sent by or on behalf of Lawton-Turso Funeral Home are free of viruses, worms or other harmful components. Further, Lawton-Turso funeral home does not guarantee the continuous, uninterrupted and error-free operation of its website, nor that all communications between you and Lawton-Turso Funeral Home, or between you and any other user of the website, will be secure from access or interference by third parties.
Section 21.
Lawton-Turso 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 Lawton-Turso Funeral Home has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Lawton-Turso 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 website, 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 Lawton-Turso Funeral Home’s computers and/or servers.
Section 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 the above disclaimers, exclusions or limitation may not apply to you, and you may have additional rights.
Section 23.
You agree to indemnify, defend, and hold harmless Lawton-Turso Funeral Home, Media Group, 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 website and the services provided in connection with the website, or your breach of any provision of this ToSA or any warranty provided hereunder.
Section 24.
You agree that if you are dissatisfied with the website or any services offered in connection with the website, if you do not agree with any part of this ToSA, or you have any other dispute or claim with or against Lawton-Turso Funeral Home or Media Group with respect to this ToSA or the website, your sole and exclusive remedy is to discontinue using the website and any services offered in connection with the website.
Section 25.
You agree that the laws of the State of New Jersey will govern this ToSA, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this ToSA or your use of this website must be brought in the state courts located in Essex County, New Jersey, or the federal courts located in Mercer County, New Jersey, 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 ToSA within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
General Information
Section 26.
This ToSA represents the entire understanding between the parties regarding your use of the website, and supersedes all other agreements, express or implied, between them. This ToSA shall not be modified except as permitted in Section 1 of this Agreement or except in writing, signed by an authorized representative of Lawton-Turso Funeral Home. If any provision of this ToSA is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this ToSA shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this ToSA. Lawton-Turso Funeral Home’s failure to act with respect to a breach of this ToSA 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 ToSA.
