Terms of Use
J & S Stor-Mor and its affiliates,
successors, parents, subsidiaries, assigns, licensees, and designees
(collectively and individually "J & S Stor-Mor") provide you
access to the J & S Stor-Mor web site subject to the terms and
conditions of use set forth below (the "Terms of Use"). J & S
Stor-Mor offers certain product and/or services via the Site. You agree
to read the Terms of Use carefully before using the Site or the
Services. By using the Site and the Services, you agree to abide by the
Terms of Use, as follows:
1. Fees and Costs
J & S Stor-Mor charges a fee for its
products
or services. Please view our product for individual product prices. You
are responsible for paying any applicable fees and taxes and for all
hardware, software, service and other costs you may incur in connection
with the Services, including costs incurred in connecting to the Sites
via the Internet. J & S Stor-Mor reserves the right, at any
time, to charge or modify fees for access to the Site or for any of its
Services. J & S Stor-Mor will notify you of any such fees by
posting information regarding such fees on the Sites.
2. Content Guidelines/Prohibited Uses
Content Guidelines.
You agree not to post, upload or transmit to the
Site or to J & S Stor-Mor servers any communications, text,
graphics or other information (collectively, "Material") that:
- is obscene, fraudulent, indecent, discourteous,
offensive, or abusive;
- defames, abuses, harasses or threatens others;
- contains any viruses, Trojan horses, worms,
time bombs, cancelbots, or other disabling devices or other harmful
component intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
- advocates or encourages any illegal activity;
- infringes upon the copyright, patent,
trademark, trade secret, publicity right or other intellectual property
or proprietary right of any third party;
- violates the privacy of individuals, including
other users of the Sites; or
- violates any applicable local, state, national,
or international law.
J & S Stor-Mor in its sole discretion
shall determine your compliance with the foregoing guidelines and
reserves the right to delete from the Site without prior notice any
material that it deems to be non-complying or otherwise objectionable
for any reason. J & S Stor-Mor may take any action with respect
to the Material if J & S Stor-Mor believes, in its sole
discretion, that the Material may create liability for itself or any
third parties or may cause J & S Stor-Mor to lose (in whole or
in part) the services of its ISPs, vendors or advertisers.
Other Restrictions on Use.
You shall comply with all laws and regulations
applicable to your use of the Services, the Site, and the Material. You
are not permitted to use J & S Stor-Mor name, URL, trademarks
or other material in any manner, including, without limitation, in
connection with "spam" e-mail messages or newsgroup postings. For the
purposes of these Terms of Use, "spam" has the meaning generally
understood among Internet users, and includes without limitation
unsolicited electronic mail advertisements. You may not impose an
unreasonable or disproportionately large load (as determined by us in
light of the load imposed by other users generally) on J & S
Stor-Mor infrastructure. You may not use any "bot" or other automated
repetitive or iterative mechanism or the like to gain any sort of
benefit from J & S Stor-Mor or any of its business affiliates.
3. Links to Third-Party Sites
Any third-party sites to which the Sites may link
are not under J & S Stor-Mor control, and J & S
Stor-Mor does not assume any responsibility or liability for any
information, content, communications or materials available on such
third-party sites. Absent express language to the contrary, J &
S Stor-Mor does not intend links contained on the Sites to be referrals
to, or endorsements of, the linked third-party sites or the entities
that operate them, and such links are provided for convenience only.
4. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA
OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITES (COLLECTIVELY,
"INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND
WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. J & S Stor-Mor MAKES NO
WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE,
ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR
THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. J & S
Stor-Mor MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE
SITES, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE,
VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. J
& S Stor-Mor CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT
TRANSPIRE THROUGH USE OF OUR SERVICES. J & S Stor-Mor IS NOT
AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT
OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITES. ALL
INFORMATION IS SUBMITTED VOLUNTARILY AND THIS INFORMATION WILL BE MADE
AVAILABLE TO THE PUBLIC. ALL RISKS FOR MAKING THIS INFORMATION
AVAILABLE WILL BE BORNE BY YOU, THE USER. IF A DISPUTE SHOULD ARISE
BETWEEN YOURSELF AND ANOTHER USER YOU RELEASE J & S Stor-Mor
FROM ANY CLAIMS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND,
KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED
ARISING FROM SUCH A DISPUTE. WITHOUT LIMITING THE FOREGOING PROVISIONS
OF THIS SECTION 5, J & S Stor-Mor SHALL HAVE NO LIABILITY FOR:
- any loss or injury caused, in whole or in part,
by its actions, omissions, or negligence, or for contingencies beyond
its control, in procuring, compiling, or delivering the Information,
the Sites or the Services;
- any errors, omissions, or inaccuracies in the
Information regardless of how caused, or delays or interruptions in
delivery of the Information;
- any decision made or action taken or not taken
in reliance upon the Information furnished hereunder;
- any losses or damages whatsoever, whether in
contract, tort or otherwise, from the use of, or reliance on, the
Information, or from the use by you of the Internet generally;
- any special or consequential damages that are
directly or indirectly related to the use of, or the inability to use,
the Services or the Sites, even if J & S Stor-Mor has been
advised of the possibility of such damages; or
- any lost profits or special, incidental or
consequential damages (no matter how they might arise, including from J
& S Stor-Mor negligence) arising out of or in connection with
the Information, the Services, the Sites or the Terms of Use.
Notwithstanding any provision of these Terms of
Use to the contrary, J & S Stor-Mor total liability to you is
limited to $100. Some states do not allow the foregoing limitations of
liability, so they may not apply to you. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you
also may have other legal rights which vary from state to state.
5. Privacy and Communications to the Sites
Any communication, information or other material
you transmit or post to the Sites, by electronic mail or otherwise
(other than personally identifiable information about you), including
any answers to questions, comments, suggestions, or other data supplied
by you is, and will be treated as, non-confidential and
non-proprietary. You hereby grant to J & S Stor-Mor a
non-exclusive, worldwide, perpetual fully paid-up license to use any
such communication, information or material for any purpose, including,
but not limited to, reproduction, disclosure, transmission,
publication, distribution, advertising, marketing, promotion, research,
broadcast, display, modification, syndication, licensing and posting. J
& S Stor-Mor use of personally identifiable information, as
well as J & S Stor-Mor use of cookies and other tracking
methods, is governed by the terms of J & S Stor-Mor Privacy
Policy. By accepting the Terms of Use, you expressly consent to J
& S Stor-Mor use of your information, as enumerated in J
& S Stor-Mor then-current privacy policy, which is incorporated
herein by reference. Because J & S Stor-Mor Privacy Policy may
change from time to time, you should also review it regularly for
updates.
6. Representations and Warranties
You represent and warrant that:
- you have full right and power to enter into and
perform these Terms of Use, and have secured all third party consents
necessary to enter into these Terms of Use;
- all factual assertions that you have made and
will make to J & S Stor-Mor are true and complete; and
- you are of the age of majority, have the right
to enter into legally binding agreements, and have the full and
complete right to agree to the Terms of Use.
7. Termination
J & S Stor-Mor reserves the right to
terminate this Agreement immediately and without notice for any or no
cause, at any time. Without limiting the preceding sentence, J
& S Stor-Mor may terminate your use of the Services or access
to the Sites immediately and without notice if: (a) you breach the
Terms of Use; (b) you infringe the intellectual property rights of a
third party in connection with the Services; (c) J & S Stor-Mor
is unable to verify or authenticate any information you provide to it,
or (d) any material uploaded or transmitted by you to the Sites
violates any applicable laws or rights of any third party.
8. Governing Law, Jurisdiction and
Dispute Resolution
The Terms of Use shall be governed by and
construed in accordance with the laws of the State of Texas, without
regard to conflict of laws principles. You and J & S Stor-Mor
agree that any and all disputes arising out of or related to the Terms
of Use shall be subject to the exclusive jurisdiction and venue of the
state and federal courts located in Texas.
9. Changes to the Services and the Site
J & S Stor-Mor reserves the right to
change, suspend or discontinue any aspect of the services or the Site
at any time, including the availability of any features, databases or
content. J & S Stor-Mor will attempt to provide reasonable
notice of such changes to the Services or the Site. J & S
Stor-Mor may also impose limits on features or restrict access to parts
of the Site.
10. Modifications to the Terms of Use
J & S Stor-Mor may amend these Terms of
Use at any time by posting amended Terms of Use to the Sites. The
amended Terms of Use shall be effective immediately upon posting to the
Site. J & S Stor-Mor therefore encourages you to review these
Terms of Use frequently.
11. Unlawful Conduct
Notifications of any unlawful conduct, including,
without limitation, copyright or other intellectual property
infringement should be sent to J & S Stor-Mor Designated Agent
at:
1400 Weatherford Hwy
Granbury, TX 76048
12. Miscellaneous
Your sole remedy for any breach of these Terms of
Use by J & S Stor-Mor shall be an action at law for money
damages, if any. In no event shall you be entitled to injunctive or
other equitable relief based on any act or omission of J & S
Stor-Mor, or any breach of these Terms of Use by J & S
Stor-Mor. These Terms of Use constitute the entire understanding of you
and J & S Stor-Mor with respect to the subject matter hereof.
There are no understandings, agreements, conditions or representations,
oral or written, express or implied, with reference to the subject
matter hereof that are not merged herein, expressly referenced herein,
or superseded hereby. Nothing contained in these Terms of Use shall be
construed as creating any agency, partnership, joint venture or other
form of joint enterprise between you and J & S Stor-Mor. The
provisions of these Terms of Use are independent of each other and the
invalidity of any provision or a portion thereof shall not affect the
validity or enforceability of any other provision. In the event that
any particular provision is found to be invalid or unenforceable, such
provision shall be deemed to have been replaced with a valid and
enforceable provision that approximates as closely as possible the
intent of you and J & S Stor-Mor as reflected in the original
provision. Any delay or failure on the part of J & S Stor-Mor
to enforce any rights hereunder to which it may be entitled shall not
be construed as a waiver of the right and privilege to do so at any
subsequent time. You indemnify and hold harmless J & S
Stor-Mor, and the officers, directors, employees, partners, principals,
agents and representatives of J & S Stor-Mor, from, against and
in respect of any and all demands, claims, actions or causes of action,
liabilities, losses, and expenses, including reasonable attorneys'
fees, arising out of or relating to any breach by you of any covenant,
representation or warranty made pursuant to these Terms of Use. All
provisions which must survive in order to give effect to their meaning,
shall survive any expiration or termination of these Terms of Use,
including without limitation all of your representations, warranties
and indemnification obligations.
How you can reach J & S Stor-Mor:
The Services hereunder are offered by J &
S Stor-Mor, located at:
1400 Weatherford Hwy
Granbury, TX 76048.
Our phone number is 817-573-2416.
Fees for services offered by us are available as
described in Section 1.
© 2010 J & S Stor-Mor.
All rights reserved. All other trademarks, product names, and company
names or logos cited herein remain the property of their respective
owners.
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