2. DESCRIPTION OF SERVICE. SCI provides users of the Site with access to on-line resources, including basic end-of-life planning tools (allowing you to consider and record general preferences such as type of service), access to more specific end-of-life planning tools (such as particular products and services offered through SCI or third-party partners), memorialization tools, communications tools, and personalized content. The Site permits Accountholders and Invitees to upload and create images, written content, other computer files, and related information, as well as planning information ("User Content") to the Site.
3.REGISTRATION. You are required to register for an account to have access to certain of the services provided through the Site. Registering for an account also allows you to save your settings and preferences on the Site. Accountholders must ensure that all account registration information (including an Accountholder"s primary e-mail address) remains current and accurate.
4.INVITEES. Accountholders may request permission for one or more Invitees to view and access User Content associated with the account and to submit User Content to the account. To do so, an Accountholder will typically provide a name and e-mail address of a prospective Invitee, and the Accountholder may also designate a level of access to be granted to such Invitee. Invitees who accept an invitation are required to agree to these Terms as a condition of accessing and using the Site, and Invitees acknowledge and agree that the Accountholder will have access to and the ability to modify or delete any and all information submitted by Invitees to the Accountholder"s account. Invitees must ensure that all information provided in establishing access (including an Invitee"s primary e-mail address) remains current and accurate.
5.ACCESS CREDENTIALS. All userids and passwords shall be treated as strictly confidential and for specific use only by the registered Accountholder or named Invitee, as appropriate. You are responsible for any activity in connection with the Site that is accomplished through the use of your userid and password. Please request a change of password immediately if you become aware of any security compromise concerning the password.
6.USE OF SITE. The Site is only a planning tool for personal, non-commercial use. The Site does not offer products or the purchase of services (although you may obtain products or purchase services using some of the websites linked to the Site, subject to the separate terms and conditions applicable to such websites). In addition, the Site should not be relied upon as a primary electronic storage resource, and you should ensure that you have other copies of any User Content that you upload to the Site and wish to keep.
You agree that you will not use the Site to:
·deliver or create content that is or may be deemed abusive, defamatory, deceptive or misleading, hateful, obscene, prejudiced, threatening, vulgar, or otherwise objectionable;
·deliver content that contains software viruses or any other code, files or programs designed to damage or disrupt any software, hardware or telecommunications equipment;
·interfere with or disrupt the Site or servers or networks connected to the Site;
·upload or create any content that contains copyrighted material without the right to do so;
·upload any content containing an image, likeness, or audio or visual recording of an individual without any necessary permission to do so;
·upload or create any content that infringes upon or constitutes a misappropriation of any copyright, trademark, patent, trade secret, other intellectual property right;
·upload or create any content or invite any prospective Invitee in violation of any applicable law or contractual obligation; or
·harm or harass any individual.
In addition, you agree that you will not:
·attempt to modify, alter, or re-create the Site;
·attempt to use the Site other than for end-of-life planning purposes as described in these Terms;
·attempt (including through the use any device, software, or routine) to interfere with the proper functioning of the Site;
·attempt to circumvent a technological measure that controls or impacts access to the Site;
·take any action that imposes, as determined within SCI"s sole discretion, an unreasonable or disproportionately large or otherwise overly-burdensome load on the infrastructure or networks utilized by the Site;
·violate any applicable law or regulation in connection with the use of the Site;
·copy any content from the Site in any manner (including through the use of any manual process, device, or any robot, spider, or other automatic process), other than permissible copying from an account through the use of report or copying functionality provided by the Site;
·collect or store personal data about other users of the Site; or
·view, copy, modify, or delete any User Content on the Site that is associated with any account other than the account as to which you are an Accountholder or Invitee.
You acknowledge that SCI may establish other practices and limits concerning use of the Site, including limits on the period of time that User Content will be retained, the size or other characteristics of any User Content that may be posted, and when or for how long you may be able to use the Site or access any User Content.
7.USE AND DISCLOSURE OF USER CONTENT. SCI does not pre-screen User Content, but SCI shall have the right in SCI"s sole discretion to reject or remove any content that is submitted to the Site. You acknowledge and agree that SCI may preserve User Content (for example in response to a legal request), but that SCI is not obligated under these Terms to do so. Furthermore, SCI may disclose User Content if SCI believes that disclosure is necessary or appropriate (i) to enforce these Terms, respond to claims that User Content violates the rights of third parties, or protect the rights, physical or electronic assets, systems, security, or personal safety of SCI, its users, or other persons or entities or (ii) to comply with a court order, subpoena, or other legal process.
You grant SCI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, and reproduce, and to create derivative works from, all User Content you upload to or create using to the Site, but only for the purpose of operating the Site and for performing or offering related products or services to you or another person (i.e., an Invitee or the Accountholder) who has been given access to the same account.
8.NO REPRODUCTION OR PUBLICATION. Images, text, and all other information posted or found on the Site may not be used, reproduced, or published for any purpose, commercial or otherwise, other than as permitted under these Terms. All copyrights and other rights of SCI and SCI"s licensors in and to such materials and the Site itself are expressly reserved.
9.MODIFICATIONS, SUSPENSION, OR DISCONTINUATION. SCI reserves the right at any time to modify or discontinue the Site or any features or components of the Site, temporarily or permanently, with or without notice, for any reason. Without limiting the foregoing, you agree that SCI, in its sole discretion, may terminate your access to the Site if SCI believes that you have violated the letter or spirit of these Terms, in which case SCI also may remove and discard any User Content associated with the account to which you had access. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice. You understand and agree that SCI shall not be liable to you or to any other person for any modification, suspension, or discontinuance of the Site, or for any termination of your ability to access the Site or any User Content.
10. ADVERTISERS, LINKS, AND OTHER WEBSITES. Your communication and interaction with advertisers on the Site or other websites accessible via links on the Site are between you and the advertiser or operator of such other website. If SCI is the operator of a website linked to this Site, then your use of that linked SCI website is subject to the terms of service governing that website. You acknowledge and agree that SCI has no control over any third-party websites, even if those websites are accessible via links from the Site, and SCI is not responsible for the availability, content, or information collection and use practices of such external websites or resources. SCI encourages you to use caution and exercise good judgment when providing information to, transacting business with, or using the services of any third-party website.
11.DISCLAIMER. SCI shall have no obligation to correct any bugs, defects or errors in, or to support, maintain, improve, modify, upgrade, update, or enhance the Site. SCI will not be liable to you or any third party for any damages or other adverse consequences arising as a result of the inaccuracy or incompleteness or any deficiency or other characteristic of the Site or any User Content. Moreover, although SCI will endeavor to offer near-continuous access to the Site and User Content, such access is neither certain nor guaranteed, and SCI shall not be liable for any damages or other adverse consequences arising as a result of the unavailability of the Site or any User Content for any period of time.
THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SCI DOES NOT MAKE ANY WARRANTY REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE OR THAT THE SITE IS ERROR-FREE, CURRENT, COMPLETE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE CONTINUOUSLY OR AT ANY PARTICULAR TIME, OR IS COMPATIBLE WITH ANY PARTICULAR DEVICE, SOFTWARE, OR PLATFORM. YOUR USE OF THE SITE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF USER CONTENT OR OTHER DATA THAT RESULTS FROM SUCH USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCI DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SCI SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) SCI AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SITE OR WITH ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE (EVEN IF SCI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES), AND (B) SCI"S MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE SITE, OR USER CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. Some jurisdictions do not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you, and SCI"s liability will be limited to the maximum extent permitted by law.
13.INDEMNITY. YOU AGREE TO INDEMNITY, DEFEND, AND HOLD SCI AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR LOSS (INCLUDING REASONABLE ATTORNEYS" FEES) ARISING FROM OR RELATED TO: (i) ANY VIOLATION OF THESE TERMS, OR (ii) USER CONTENT THAT YOU UPLOAD OR CREATE USING THE SITE, EVEN IF SUCH CLAIM, DEMAND, OR LOSS ARISES FROM THE NEGLIGENCE OF SCI.
14.MISCELLANEOUS. The Terms and the relationship between you and SCI shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of SCI to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties" intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.