Terms and Conditions

Privacy Policy

Copyright

Disclaimer

Legal Terms for Funeralplan.com

Terms and Conditions of Use

This Internet website ("Funeralplan.com") is sponsored by Aurora Casket Company, Inc. (Aurora Casket). As used herein, Funeralplan.com refers to Aurora Casket Company, Inc. Your use of this website is subject to the following terms and conditions. Funeralplan.com may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of its posting. You should review these terms and conditions every time you use this website because they are binding on you.

BY CONTINUING TO USE THE WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE STOP USING THE WEBSITE IMMEDIATELY.

Conditions of Use

You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from your Funeralplan.com Account and for all transmissions by You from and to Your Account. Your use of Funeralplan.com is subject to all applicable local, state, national and international laws and regulations. You will:

a. not use Funeralplan.com for any illegal purposes;

b. not use Funeralplan.com to store, retrieve, transmit or view any file, data, image or program ("Content") that contains:

(1) any false, misleading, fraudulent or illegal pictures, materials or information;
(2) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(3) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
(4) any code or material that violates the intellectual property rights of others; or
(5) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;

c. comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through Funeralplan.com;

d. not use Funeralplan.com for any spamming, chain letters or other use that may otherwise disrupt Funeralplan.com or the networks through which You access and use Funeralplan.com;

e. comply with all regulations, policies and procedures of networks through which You access and use Funeralplan.com;

f. not access or attempt to access any Funeralplan.com account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account; and

g. not attempt to gain unauthorized access to any servers controlled by Funeralplan.com or decompile, reverse engineer or disassemble any software used in connection with Funeralplan.com.

Account and Password

After You accept this Agreement and Your registration has been accepted by Funeralplan.com, You will receive a password (the "Password") and Your Account will be established. You are entirely responsible for any and all activities that occur under Your Account and Password, whether or not such use was authorized by You. You will notify Funeralplan.com of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

Trademarks

Family Advisor is a trademark of Aurora Casket Company, Inc., and may be registered in the United States and other countries. Aurora Casket's trademarks may not be used in connection with any product or service in any manner not authorized by Aurora Casket, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Aurora Casket or Funeralplan.com.

All other trademarks not owned by Aurora Casket or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aurora Casket or its subsidiaries.

Patents

This site, including certain content, functionality and combination thereof, may be covered by patents granted or currently pending. Any unauthorized reproduction, duplication or other use which violates the legal rights of Aurora Casket is strictly prohibited.

Disclaimer

Your use of the website is at your risk. Aurora Casket does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses, worms, trojan horses or other code that manifest contaminating or destructive properties or other harmful components.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data.

AURORA CASKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AURORA CASKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AURORA CASKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Copyright Information

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Aurora Casket or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the selection, arrangement, and coordination) of all content on this site is the exclusive property of Aurora Casket and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited without written permission from Aurora Casket.

Should any party be found in violation of these terms, Aurora Casket reserves the right to recover any losses and/or profits associated with the use of imagery and content found at Funeralplan.com.

Acceptable Use of Imagery

You must obtain Aurora Casket's written permission to copy and use our images on your website and printed materials. In addition to obtaining written permission to use our images, you must comply with the following guidelines:

• The "Aurora" web logo must appear in an association with all images from funeralplan.com and not be removed, cropped or distorted in any way.

• A link must be provided to funeralplan.com when incorporating images within a web page.

• Images lifted from this site which are to be used in printed materials (magazines, fliers, etc.) MUST include the "Aurora" web logo.

• Aurora's web logo and any other trademark whose use is authorized by Aurora Casket may be used only in connection with authorized images or other authorized representations of Aurora Casket products.

• Aurora's web logo and any other trademark whose use is authorized by Aurora Casket must be accompanied by the "TM" symbol, and a statement that the marks in question are trademarks of Aurora Casket Company, Inc.

• All authorized images must be accompanied by the following copyright notice. " ã 2000 Aurora Casket Company, Inc."

• Use of Aurora Casket images and content must not in any way defame or portray Aurora and Aurora products in a negative light.

• Only Aurora customers (licensed funeral homes) and partners have the right to use our product images. Use of Aurora Casket images by, or in conjunction with, any third party vendor for the purpose of selling Aurora products via the Internet is strictly forbidden and in violation of our terms of use. Third party vendors include, but are not limited to, casket stores, online casket stores and other non-licensed funeral vendors.

Links

Funeralplan.com may contain links to other sites for your convenience. Because these other sites are not operated by Funeralplan.com, Funeralplan.com is not responsible for the content or accuracy of any off-site pages or any other sites linked to this website and your linking to any other off-site pages or other sites is at your own risk.

Force Majeure

Aurora Casket will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Aurora Casket.

Indemnification

You agree to indemnify, defend and hold harmless Aurora Casket, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the website.

Third Party Rights

The provisions of the Terms and Conditions of Use and Indemnification sections are for the benefit of Aurora Casket and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Aurora Casket Company, Inc. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Privacy - Please read our complete Privacy Policy

The Funeralplan.com website contains many links to other websites. Funeralplan.com is not responsible for the privacy practices or the content of such websites. Funeralplan.com does not share any of the individual personal information you provide Funeralplan.com with the sites to which Funeralplan.com links, although Funeralplan.com may share aggregate data with such websites (such as how many people use our website).

Please check with those sites to determine their privacy policy.

Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.

Applicable Law

This site is created and controlled by Aurora Casket in the State of Indiana, USA. As such, the laws of the State of Indiana will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

You agree to defend, indemnify, and hold harmless Funeralplan.com and its sponsor, Aurora Casket, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the website or your breach of the terms of this Agreement. Aurora Casket shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.