Terms of Use

1. Services and Conditions of Use Welcome to the Worcester County Memorial Park Web site! As part of our service, Worcester County Memorial Park agrees to provide you with information, one or more discussion lists, product order forms, photo album and guestbook services and other computer services that Worcester County Memorial Park may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Worcester County Memorial Park may modify this Agreement at any time. You agree and continue to agree to use Worcester County Memorial Park Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Rules For Online Conduct for Worcester County Memorial Park  Discussion List(s) By using the Service, you agree that you will not post any of the following material in Service Discussion Lists or other forums ("postings"):

Statements or postings which violate the above terms will be deleted from postings upon discovery.

3. Software Libraries and Copyrighted Materials Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to Discussion Lists or forums on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services; material of a sexually explicitly nature, including photographs and text.
Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Worcester County Memorial Park and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.

4. Limitation Of Liability And Warranty Customer agrees that use of the information and services provided by this Web site is entirely at customer's own risk. Web site services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the Web site services. Specifically, Worcester County Memorial Park disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Worcester County Memorial Park is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
Neither Worcester County Memorial Park nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.

5. Indemnification Customer agrees to indemnify and hold Worcester County Memorial Park harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Worcester County Memorial Park harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

6. Choice Of Law This Agreement shall be construed and controlled by the laws of the State of Massachusetts. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Massachusetts. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Massachusetts.

7. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Worcester County Memorial Park representatives and Customer. Worcester County Memorial Park may amend or modify this Agreement or impose new conditions at any time upon notice from Worcester County Memorial Park to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.