The effective date of this Agreement is August 1, 2011.
This web site is provided by Kirk & Nice, Inc. through an agreement with Batesville Casket Company and its affiliated companies (collectively, "Batesville"), which provides design and/or hosting services for the site. You acknowledge and agree that Batesville may claim the benefits of any protections afforded to Kirk & Nice, Inc. under this Agreement, including but not limited to any protections which minimize or eliminate liability, and further that Batesville may exercise any rights afforded to Kirk & Nice, Inc. under this Agreement, regardless of whether Batesville is expressly identified in connection with a particular protection or right enumerated in this Agreement. You further acknowledge and agree that this Agreement does not place any obligations on Batesville.
Be advised that certain areas within this web site and certain services offered through this web site are governed by additional terms presented in conjunction with those areas or services. You must agree to these additional terms before using those areas or services. The additional terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the additional terms and this Agreement, the additional terms shall control.
Changes to this Agreement
1. Kirk & Nice, Inc. reserves the right, in its sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the web site. Your continued use of the web site and related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the web site if you do not agree to be bound by the revised terms and conditions.
General Use and License
2. This web site and related services are intended only for use by those 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you do not meet these requirements, you cannot use this site without the accompaniment and supervision of your parent or legal guardian.
3. Kirk & Nice, Inc. grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of this web site. This license does not include any rights not specifically enumerated herein. You may copy, download or print materials from this site for your own personal and non-commercial use. In this context, "personal and non-commercial use" does not include posting, uploading or otherwise publishing the materials to any other web site. This license does not include the right to copy, download, print, reproduce, modify, resell, redistribute or republish any of the content of the site for any commercial purpose without the express, written permission of Kirk & Nice, Inc.. Further, this license does not include the right to bypass any technical measures used to prevent or restrict access to any portion of the site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; to violate or attempt to violate the security of the site, or to interfere with or attempt to interfere with the proper working of the site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
4. The material presented on this web site is for general information only. This web site may contain information about products that may or may not be available outside the country of origin, or may be available under different trade names or trademarks. Please contact a representative of Kirk & Nice, Inc. for further information about the products and services described. Nothing on this web site shall be construed as an offer to sell any product or service to any particular customer or in any particular jurisdiction. Kirk & Nice, Inc. reserves the right to accept or reject any offer to purchase any products or services.
5. Some areas of this site or services associated with the site may have information, data, text, software, music, sound, photographs, graphics, video, messages, links, or other materials ("Content") submitted by registered users of the site. You acknowledge that Kirk & Nice, Inc. does not control this third-party Content, and that the opinions expressed in said Content are not necessarily those of Kirk & Nice, Inc., Batesville or any content providers, advertisers, sponsors, affiliated or related entities. Kirk & Nice, Inc. does not guarantee the accuracy, integrity or quality of such Content, and Kirk & Nice, Inc. makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site. You understand that by using the web site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kirk & Nice, Inc. or Batesville be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the web site and/or associated services. You acknowledge that any reliance on material posted or submitted by other users will be at your own risk.
6. You acknowledge that your use of this web site is at Kirk & Nice, Inc.'s discretion, and that your license to use the site may be terminated by Kirk & Nice, Inc. at any time.
Ownership of Intellectual Property
7. This web site and all of the material that it contains is owned by Kirk & Nice, Inc., Batesville or their third party licensors and is protected by intellectual property and other laws throughout the world. Except as permitted by this Agreement, nothing found on the web site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Kirk & Nice, Inc.. You agree that you will not take any actions inconsistent with Kirk & Nice, Inc.'s ownership of the site and its content, or with Batesville's ownership of any content licensed for use on this web site.
8. The trademarks, logos, and service marks displayed on this web site are owned by Kirk & Nice, Inc., Batesville and/or third parties, and this web site's trade dress is owned by Kirk & Nice, Inc. and/or Batesville. All trademarks not owned by Kirk & Nice, Inc. are the property of their respective owners, and, where used by Kirk & Nice, Inc., are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. You agree that you will not take any actions inconsistent with Kirk & Nice, Inc.'s ownership of the trademarks and trade dress used on this site, or with any third party's ownership of its trademarks used on this site.
Electronic Communication Notice
10. Any communications you send to Kirk & Nice, Inc. by electronic mail are on a non-confidential basis, and Kirk & Nice, Inc. is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Kirk & Nice, Inc. shall be free to use the content of any such communications, including any ideas, inventions concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. The sender of any communications to Kirk & Nice, Inc. shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
11. You agree to accept responsibility for your activities while visiting the site or using any associated services. Without limiting the foregoing, you specifically represent that you understand that you, and not Kirk & Nice, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available, either privately or publicly, through the web site or any associated services.
12. You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the web site or using any related services, that use of the information or Content you post or submit does not violate the intellectual property rights of any third parties, nor any third party's privacy rights, rights of publicity and other proprietary rights, and that use of the information or content you post or submit will not cause injury to any person or entity. You further represent and warrant that any Content you post or submit to the web site will not contain libelous, defamatory or otherwise unlawful material; will not contain any material that is or may be viewed as threatening, abusive, insulting, hateful, harassing, degrading, indecent, profane or obscene; will not advocate any unlawful activity; will not contain or link to any information that you do not have a right to make public; will not contain software viruses or other harmful devices; will not comprise unsolicited or unauthorized advertising; and will not be part of any mass mailing or other form of spam. You agree that you will indemnify Kirk & Nice, Inc., Batesville and their affiliates for all claims resulting from or related to Content you post or submit.
13. You further represent and warrant that you shall not (i) impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you post or submit to or via the web site and any related services; (iii) use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code intended to damage, interfere with, intercept, monitor surreptitiously, or take over another computer; (iv) attempt to gain unauthorized access to this web site, any related website, computer system, or networks connected to this web site, through hacking, password mining, or any other means; (v) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available through this web site, including but not limited to harvesting or otherwise collecting personal or contact information of other users; and (vii) contact anyone who has asked not to be contacted, "stalk" or otherwise harass another person or entity, or harm minors in any way.
14. You hereby expressly grant to Kirk & Nice, Inc. and Batesville a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content for any reason and in any manner it chooses, including for promotional and advertising purposes, alone or as a part of other works, in any form, medium or technology now known or later developed, and you waive all moral rights in all such Content.
15. Kirk & Nice, Inc. does not and is not obligated to regularly review, monitor, delete or edit the Content of the web site or any associated services. However, Kirk & Nice, Inc. reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission with or without notice, and you acknowledge that Kirk & Nice, Inc. has the right to do so. Kirk & Nice, Inc. is not responsible or liable for damages of any kind arising from any Content, or from Kirk & Nice, Inc.'s alteration or deletion of any Content, even when Kirk & Nice, Inc. is advised of the possibility of such damages.
16. Kirk & Nice, Inc. may provide links to other Internet sites or resources via this web site. Kirk & Nice, Inc. has not reviewed the accuracy of the content of any linked third party web site. No endorsement of any such linked third party web site is made, either express or implied. Because Kirk & Nice, Inc. has no control over such sites and resources, you acknowledge and agree that Kirk & Nice, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kirk & Nice, Inc. 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 content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
17. If you link to this web site, you agree to abide by the restrictions in this section. You agree that the link to this web site must not damage, dilute, or tarnish Kirk & Nice, Inc. or Batesville, or the goodwill associated with any Kirk & Nice, Inc. names and/or intellectual property or any Batesville names and/or intellectual property, and that the link shall not create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with Kirk & Nice, Inc. and/or Batesville. You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, or that is libelous, defamatory, scandalous, inflammatory, or is otherwise inappropriate. Under no circumstances will you "frame" this web site or alter its intellectual property or content in any way. Kirk & Nice, Inc. reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with Kirk & Nice, Inc., its web site, and/or these terms.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
18. Kirk & Nice, Inc. provides this web site and the associated services in connection with one or more affiliated companies. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Kirk & Nice, Inc., and your available remedy in the event of any dispute apply equally with respect to these affiliated companies.
19. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY KIRK & NICE, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIRK & NICE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KIRK & NICE, INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
20. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. KIRK & NICE, INC. DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF KIRK & NICE, INC. ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, KIRK & NICE, INC. DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND KIRK & NICE, INC., OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
21. KIRK & NICE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF KIRK & NICE, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KIRK & NICE, INC. WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON KIRK & NICE, INC.'S COMPUTERS AND/OR SERVERS.
22. 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.
23. You agree to indemnify, defend and hold harmless Kirk & Nice, Inc., Batesville, and their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder.
24. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Kirk & Nice, Inc. or Batesville with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.
25. You agree that the laws of the State of Indiana will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of this web site must be brought in the state courts located in Ripley County, Indiana, or the federal courts located in Marion County, Indiana, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
26. This Agreement represents the entire understanding between the parties regarding your use of the web site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as permitted in Section 1 of this Agreement or except in writing, signed by an authorized representative of Kirk & Nice, Inc.. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Kirk & Nice, Inc.'s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.