Terms of Service
Please read the following Terms of Service (“TOS”) carefully before using www.palmmortuary.com.
1. GENERAL AGREEMENT. Welcome to PalmMortuary.com offered by Dignity Memorial Network, Inc. and its affiliates (collectively the “Company”). Our website and all use of it are governed by the following TOS. By viewing, using, accessing, browsing or submitting any content or material on or to this site, you agree to this TOS as a binding legal agreement between you and the Company. You further agree that the Company shall have the right to alter or amend the TOS or any other guidelines or policies at any time, with or without advance notice to you. You agree that each visit you make to www.palmmortuary.com and your continued use of the website shall confirm that you have read, accepted and agreed to be bound by such modifications of the TOS.
2. DESCRIPTION OF SERVICE. The Company provides users with access to on-line resources, including memorialization services, communications tools, purchasing services, and personalized content (the "Service"). Any new Service features shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. To use the Service, 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.
4. SECURITY. You will receive a password and account name when you register. 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. USE. The Service is intended for use only as provided in your Service Agreement. You agree not to use the Service for commercial purposes. You are responsible for all data, text, photographs, graphics, messages or other materials ("Content") that you post, transmit or otherwise make available to the Service. The Company does not control the Content delivered to the Service and does not guarantee or make any representations regarding the accuracy, integrity or quality of such Content. 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 Service. You further agree that you will not use the Service to:
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 or the Service. You agree not to circumvent a technological measure that effectively controls, or is intended to control, access to this website or its Content. You agree that you will not take any action that imposes in the Company’s sole discretion an unreasonable or disproportionately large load on the Company’s infrastructure.
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 Service. 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 technical data.
You acknowledge and agree that the Company may preserve Content. Furthermore, the Company may disclose Content if, in the exercise of reasonable judgment, (i) the Company determines that disclosure is necessary to enforce the TOS, 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 of any kind now existing or developed in the future. 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 also grant the Company the right to use the Content and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Content or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services 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.
7. YOUR ACCOUNT, PASSWORD AND SECURITY. Some services offered on the website may require you to register and/or create an account. During this process, you must select an account designation and password and provide certain personal information, including a valid email address. In consideration of the use of the Company’s services, 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 Service (or any portion thereof).
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. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
8. STORAGE. You acknowledge that the Company may establish general practices and limits concerning use of the Service, 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 Service.
9. MODIFICATIONS TO SERVICE. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In addition, The Company’s ability to provide the Service is contingent upon many factors that may be out of the Company’s control, including, but not limited to, the continued availability of the internet as it presently exists or other technologies that may be available in the future that would allow for the continuation of such Service in essentially the same manner as they are provided today. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service for any reason.
10. TERMINATION. You agree that the Company, in its sole discretion, may terminate your password, account or use of the Service, and may remove and discard any Content within the Service if the Company believes that you have violated the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS 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 Service. You further agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service pursuant to this Section.
11. ADVERTISERS. Your communication and interaction with advertisers found on or through the Service are solely between you and such advertiser. 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. LINKS. The Service may provide, or third parties may provide, links to other World Wide websites or resources. 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. 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 or resource.
13. DISCLAIMER. You expressly understand and agree that your use of the Service is provided on an “AS IS” and “AS AVAILABLE” 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, merchantability and non-infringement. The Company makes no warrant that (i) the Service will meet your requirements, (ii) the Service 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 Service will meet your expectations, or (iv) any errors in the Service will be corrected.
You also expressly understand and agree that (i) any material downloaded or otherwise obtained through the Service 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 Service shall create any warranty not expressly stated in this TOS.
14. LIMITATION OF LIABILITY. You understand and agree that the Company and its affiliates are not liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if the Company has been advised of the possibility of such damages) resulting from: (i) your use or inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
15. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 12 and 13 may not apply to you.
16. TRADEMARK INFORMATION. Dignity Memorial, the Dignity Memorial logo, Dignity Planning, Aftercare Planner, MeM, the MeM logo, Making Everlasting Memories, Everlasting Memorial, 24-Hour Compassion Helpline and other Company logos and product and service names are trademarks of the Company and its affiliates, or the Company has a license to use such trademark. You agree not to display or use in any manner any of these without our prior written permission.
17. INDEMNITY. 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 Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of any other person or entity.
18. GENERAL INFORMATION. The TOS and the relationship between you and the Company shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.