Updated February, 2013
PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT
1. Third Party Providers
The Web Site primarily functions as an online research, information, listing and advertising service, which is intended to bring users together with third-party providers of funerals and related products and services (each, a “Third Party Provider”). Certain information appearing on the Web Site may be provided directly by Third Party Providers, and discrepancies or errors may appear. Kien Group LLC, an Oregon limited liability company doing business as “Departing Decisions” (“Departing Decisions”) does not verify any of the pricing and other information that Third Party Providers may provide for accuracy, omissions, or completeness of information.
All pricing and other terms of any sale remain subject to direct agreement between the Web Site user and the Third Party Provider only. Departing Decisions does not ensure, warrant, or otherwise guarantee the pricing, quality, or performance of any of the products or services provided by Third Party Providers, including to the extent provided using or through the Web Site. Departing Decisions does not provide funeral products or services directly, and is not a party to any transaction between Third Party Providers and users of the Web Site. Any and all concerns, discrepancies, or differences regarding a transaction must be addressed directly with the Third Party Provider.
Neither Departing Decisions nor its principals, agents, or affiliates will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Third Party Provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Third Party Provider, you agree that your sole recourse shall be toward such Third Party Provider and not toward Departing Decisions or its principals, agents, or affiliates.
2. Copyrights, Trademarks, and Patents
The materials found on the Web Site are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright © Kien Group LLC, all rights reserved. Permission is granted to view and print materials from the Web Site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Web Site, whether in electronic or hard copy form, without the express prior written permission of Departing Decisions, is strictly prohibited.
“Departing Decisions” and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Departing Decisions and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of Departing Decisions. No person is authorized to use, copy, or distribute any portion the Web Site including related graphics.
3. Links to Third-Party Web Site
The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site, including without limitation links to sites of Third Party Providers (each, a “Third-Party Site”). Departing Decisions does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. Departing Decisions does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.
4. Children’s Issues.
5. Use of the Web Site
The Web Site is primarily designed to allow users the opportunity to access information about and purchase funerals and related products and services. You represent and warrant to Departing Decisions that you have used and will use the Web Site in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.
To the extent you are accessing any portion of the Web Site requiring a login ID or a password, you are responsible for all use of the Web Site made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify Departing Decisions and its members, managers, officers, agents, and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.
Visitors to the Web Site are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Web Site to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.
Users are also prohibited from violating or attempting to violate the security of the Web Site. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Web Site service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. Departing Decisions reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
6. No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. DEPARTING DECISIONS AND/OR ITS SUPPLIERS, AGENTS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL DEPARTING DECISIONS OR ITS SUPPLIERS, AGENTS, OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
FURTHER, THE THIRD PARTY PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF DEPARTING DECISIONS OR ANY OF ITS PRINCIPALS, AGENTS, OR AFFILIATES. DEPARTING DECISIONS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A THIRD PARTY PROVIDER, OR AN ACT OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OR OTHER CAUSES BEYOND DEPARTING DECISIONS’S CONTROL.
8. Governing Law and Jurisdiction
10. Entire Agreement
11. Contact Information