PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. You agree
that your use of this site, and the records, images and information contained therein,
is governed by the following terms and conditions: This site and all content, information
and services accessible through it (“Web Site”) is made available by Boston Computer
Scanning, Inc., whose principal place of business is at 274 Main Street, Unit 202,
Reading, Massachusetts 01867 ("BCS"), and may be used only under the following terms
and conditions.
BY ACCESSING AND USING THIS WEB SITE, YOU ("User" or “you” or “your) AGREE TO BE
LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement"). If
you are accessing and using this website on behalf of any group or entity, you warrant
that you have all necessary authority to enter into this Agreement. If at any time
you do not agree to be bound by the terms and conditions of this Agreement then
you must cease using the Web Site immediately.
Unless otherwise indicated, this Web Site and its contents including, but not limited
to, text, articles, images, videos, logos, trademarks, graphics and overall "look
and feel" are the property of BCS. The copyright and all other intellectual property
rights in the material contained on this Web Site belongs to BCS. You acknowledge
that the trademarks and copyrights appearing on this Web Site are protected by copyrights,
trademarks, service marks, patents and other proprietary rights and laws, including
but not limited to the laws of the Commonwealth of Massachusetts, the United States
of America and international laws.
In accessing this Web Site, you agree that the Web Site is made available for your
non-exclusive, non-transferable, revocable, limited, personal and non-commercial
use only. Unless you have BCS's prior written permission, you are not permitted
to copy, broadcast, make available to the public, download, store (in any medium),
transmit, show or play in public, adapt or change in any way the material (or any
part of it) contained on this Web Site for any purpose whatsoever. Notwithstanding
these terms and conditions of use, a duly licensed commercial funeral home may use
the Web Site when said funeral home has a legitimate need to research burial records
for an existing customer or customer’s family. All other commercial uses of the
Web Site, including but not limited to marketing, advertising, and the sale of goods
or services, are strictly prohibited. By using the Web Site, you acknowledge that
you are over the age of eighteen years, or that you have the written permission
of a parent or guardian who is over the age of eighteen years to use the Web Site.
Certain sections of the Web Site require registration to access and use information
and services. If you elect to register, you agree to provide BCS with accurate,
complete registration information. You will inform BCS of any changes to registration
information. You warrant that registration is for a single person only, and that
you will not permit anyone other than you to access and use sections of the Web
Site requiring registration using your name and password. You will not access or
use the Web Site under the User name of another individual. You are responsible
for all access to and use of the Web Site through your name and password, including
access of any services the use of which results in monetary charges to you, whether
or not you have knowledge of or authorize such access and use. You will notify BCS
immediately of any unauthorized use of your name and password, if you suspect the
privacy of your name and password has been jeopardized, or if you believe that another
individual has fraudulently represented themselves as you or as being associated
with you or your organization.
You may not alter or modify information and services provided through the Web Site
in any way. You may not reverse engineer, decompile, disassemble or otherwise attempt
to discern the source code or architecture of the components of the Web Site, or
any information about usage or users. You may not use any robot, spider, other automatic
device, or manual process to access, monitor or copy the Web Site without BCS's
prior written permission. You may not use any information obtained from the Web
Site for telemarketing or direct mail purposes.
This Web Site may contain links to other websites over which BCS has no control.
BCS is not responsible for the privacy policies or practices of other websites to
which you choose to link from this Web Site.
THIS WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BCS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS
AND DELAYS. BCS MAKES NO WARRANTY THAT ACCESS TO THIS WEB SITE OR ANY PORTION THEREOF
WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
BCS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE
OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS
OR USE OF THIS WEB SITE, INCLUDING BOTH BCS AND THIRD PARTY CONTENT AND SERVICES
DELIVERED THROUGH THIS WEB SITE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES
AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THIS WEB SITE, (C) THE UNAVAILABILITY
OF THIS WEB SITE OR ANY PORTION THEREOF, OR (D) USER'S USE OF EQUIPMENT AND SOFTWARE
IN CONNECTION WITH ACCESS AND USE OF THIS WEB SITE
USER'S EXCLUSIVE REMEDY AND BCS’S, ITS AFFILIATES AND/OR CONTRIBUTORS' ENTIRE LIABILITY
UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THIS
WEB SITE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN
CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID
BY USER RELATIVE TO THE SPECIFIC FEATURE OF THIS WEB SITE WHICH IS THE BASIS OF
THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT SHALL BCS, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO USER FOR
ANY CLAIM RELATING IN ANY WAY TO (A) USER'S INABILITY OR FAILURE TO USE THIS WEB
SITE PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY BCS, ITS AFFILIATES OR CONTRIBUTORS,
OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON INFORMATION AND SERVICES
DELIVERED BY THIS WEB SITE; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS
UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE THIS WEB SITE, EVEN IF BCS,
ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BCS SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN
ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
You agree to defend, indemnify, and hold BCS, its affiliates, contractors, suppliers,
directors, employees and agents harmless from any and all claims, costs, damages,
judgments, and liabilities (including but not limited to reasonable attorney's fees)
made by any third party and arising from any content you post, submit, transmit
or otherwise make available through this Web Site, your violation of the terms and
conditions of this Agreement, or the violation of the intellectual property rights
of any third party. BCS’s performance under these Terms and Conditions of use are
subject to interruption and delay due to causes beyond its reasonable control, such
as acts of God, acts of any government, war or other hostility, civil disorder,
the elements, fire, explosion, power failure, equipment failure, industrial or labor
dispute, inability to obtain necessary supplies and the like.
BCS reserves the right to modify this Agreement at any time and at its sole discretion.
Updated versions of the Terms and Conditions of Use will appear on this Web Site
and become the effective Agreement immediately upon publication. You are responsible
for regularly reviewing the Terms and Conditions of Use. Continued use of this Web
Site by you after any such modification of this Agreement constitutes your assent
to such modifications.
This Agreement will be governed by and construed under the law of the Commonwealth
of Massachusetts, United States of America without regard to conflicts of law provisions,
unless stated by BCS in writing otherwise. The parties agree that the state and
federal courts sitting in Massachusetts will have exclusive jurisdiction over any
claim arising out of this Agreement and each party consents to the exclusive jurisdiction
of such courts. Neither this Agreement nor any part or portion may be assigned,
sublicensed or otherwise transferred by you without BCS's prior written consent.
Should any provision of this Agreement be held to be void, invalid, unenforceable
or illegal by a court, the validity and enforceability of the other provisions will
not be affected thereby. Failure of any party to enforce any provision of this Agreement
will not constitute or be construed as a waiver of such provision or of the right
to enforce such provision.
All notices shall be sent to: Email :
info@cemeteryfind.com
Telephone : (781) 944-3327
Updated: May 11, 2009