This website ("Site") is provided by Merkle Funeral Service, Dundee through an agreement with Batesville Services, Inc. and its affiliated companies ("we" or "us"). Please read these Terms carefully so that you understand the conditions for accessing and using the Site and associated services.
We may make changes to these Terms from time to time as our Site develops, so check back frequently. Your continued use of the Site following any posted changes to the Terms constitutes your consent to them. We provide the information, services, text, graphics, links or other material on this site to you, conditioned on your acceptance, without modification, of these Terms. In order to be a user of our website, you must agree to these terms.
The Site is intended to provide information and services for your personal use. We grant you a limited, nonexclusive, revocable license to make personal and non-commercial use of the Site. You may copy the content for your own personal use, provided that all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner. Except as provided herein, this license does not include the right to modify, reproduce, copy, or resell any of the content of the Site. You may not bypass any technical measures used to prevent or restrict access to any portion of the Site; use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; violate or attempt to violate the security of the Site; or interfere with or attempt to interfere with the proper working of the Site.
You agree to use this Site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this Site.
Before you can make use of certain services associated with the Site, you may be required to register. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and other registration information for your account, is truthful and accurate.
You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
Submission of Content and User Activity
The Site may have features that allow users to upload materials. You understand that all information, communications, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Merkle Funeral Service, Dundee or Batesville, are entirely responsible for all Content that you upload, transmit, or otherwise make available through the Site or any associated services.
You represent and warrant that you own or otherwise control the rights to any Content that you provide through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity in order to disguise the origin of any Content you provide.
You hereby grant us a royalty-free, non-exclusive right and license, perpetual and irrevocable, to use, display, edit, or delete the Content to provide services on the Site and for all other lawful purposes. Any communications you send to us via the Site are non-confidential.
Trademarks and Copyrights
The trademarks, services marks, slogans, logos, and trade names used on this Site are either Merkle Funeral Service, Dundee or Batesville trademarks or the trademarks of a third-party licensor or other provider. All Content is owned by Merkle Funeral Service, Dundee or Batesville, or we have been granted permission to use the Content. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark or Content except as set forth in these Terms.
The Site may contain links to other sites and resources operated and controlled by parties other than Merkle Funeral Service, Dundee or Batesville. Such links are provided for your convenience only and do not imply or constitute endorsement of any third-party material or contents. We assume no responsibility or liability for your activities on such sites. We recommend that you review the terms and policies of those sites carefully, as they may differ from ours.
THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED.
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 OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless Merkle Funeral Service, Dundee, Batesville, their agents and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site, your submission of any Content, or your breach of any provision of these Terms or any warranty hereunder.
You agree that (i) all disputes concerning the construction, interpretation, validity, effect, and enforceability of these Terms will be governed by the laws of the State of Indiana without regard to conflicts of laws provisions, (ii) exclusive jurisdiction over any legal action arising out of or in connection with the Site will be in state or federal courts located in or nearest to Ripley County, Indiana, and (iii) your use of the Site constitutes consent to such jurisdiction and venue.
You agree that if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using it.
Copyright Infringement Claims
If you believe this Site contains material that infringes your copyrights, please see our procedure for handling such claims here: Copyright Infringement Claims.