3. USE: The use of this web-site is intended for use only as provided in this Terms of Service agreement. You agree not to use the web-site or its contents for commercial purposes other than in regards to Ross’ Shalom Chapels. You are responsible for all data, text, photographs, graphics, messages or other materials ("Content") that you post, transmit or otherwise make available to this Web-site. Ross’ Shalom Chapels does not control the Content delivered to this Web-site and does not guarantee or make any representations regarding the accuracy, integrity or quality of such Content. You agree that Ross’ Shalom Chapels is not liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of Content delivered to you or by this web-site. You further agree that you will not use this web-site to:
Deliver 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 this web-site or servers or networks connected to it;
Deliver Content which contains copyrighted content without the express written permission of the owner of the copyrighted content, or infringes upon any copyright, trademark, patent, trade secret or other intellectual property right;
Deliver Content which harms or is inappropriate for minors to view;
Attempt to modify, alter, recreate or otherwise use Ross’ Shalom Chapels’s website or its web-site for any purpose other than as specifically permitted;
Collect or store personal data about other users;
Violate any applicable law or regulations;
Deliver Content that any law or other obligation prohibits you from delivering; or
Harm or harass any person or entity.
You also agree that you will not use any robot, spider, or other automatic device, or manual process to copy our website or its Content for any purpose without the express written permission of Ross’ Shalom Chapels. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of this website. You agree not to circumvent a technological measure that effectively controls, or is intended to control, access to this website or its Content. You agree that you will not take any action that imposes, in Ross’ Shalom Chapels’s sole discretion, an unreasonable or disproportionately large load on Ross’ Shalom Chapels’ infrastructure.
Ross’ Shalom Chapels does not pre-screen Content, but reserves the right in its sole discretion to reject or remove any Content that is submitted through this web-site. You agree to evaluate and bear all risks associated with the use of any Content. You further agree to comply with all applicable laws of the country, state or province, and locality in which you reside regarding online conduct, acceptable Content and the transmission of technical data.
You acknowledge and agree that Ross’ Shalom Chapels may preserve Content. Furthermore, Ross’ Shalom Chapels may disclose Content if, in the exercise of reasonable judgment;
(ii) Ross’ Shalom Chapels’s legal counsel determines that appropriate legal process requires disclosure.
You grant Ross’ Shalom Chapels and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Ross’ Shalom Chapels to include the Content you provide in a searchable format that may be accessed by users of this web-site and other web-sites. You also grant Ross’ Shalom Chapels and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. You also grant Ross’ Shalom Chapels the right to use the Content and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Content or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this web-site and our services of making Content you provide us available to third parties, and without the need for additional compensation of any sort to you. Ross’ Shalom Chapels does not claim ownership of Content you submit.
5. YOUR ACCOUNT, PASSWORD AND SECURITY: In the event any services offered on the website require you to register and/or create an account you agree that during such registration or account creation you will provide a suitable user-name and password along with certain personal information, including a valid e-mail address. In consideration of the use of Ross’ Shalom Chapels’ services and/or this web-site, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and
(b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ross’ Shalom Chapels has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ross’ Shalom Chapels has the right to suspend or terminate your account and refuse any and all current or future use of the web-site (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You further agree to:
(a) immediately notify Ross’ Shalom Chapels of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and
(b) ensure that you exit from your account at the end of each session. Ross’ Shalom Chapels will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
6. STORAGE: You acknowledge that Ross’ Shalom Chapels may establish general practices and limits concerning use of this web-site, including without limitation the number of days that memorial postings or other uploaded Content will be retained, the size of any message that may be posted, the disk space that will be allotted on Ross’ Shalom Chapels’s servers on your behalf, and the amount of time during which you may access this web-site..
7. MODIFICATIONS TO SERVICE: Ross’ Shalom Chapels reserves the right at any time to modify or discontinue, temporarily or permanently, this web-site (or any part thereof) with or without notice. In addition, Ross’ Shalom Chapels’s ability to provide this web-site is contingent upon many factors that may be out of Ross’ Shalom Chapels’s control, including, but not limited to, the continued availability of the internet as it presently exists or other technologies that may be available in the future that would allow for the continuation of such web-site in essentially the same manner as they are provided today. You agree that Ross’ Shalom Chapels shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web-site for any reason.
9. ADVERTISERS: Your communication and interaction with advertisers found on or through the web-site are solely between you and such advertiser. You agree that Ross’ Shalom Chapels is not liable for any loss or damage of any sort incurred as the result of the acts or omissions of such advertisers.
10. LINKS: The Web-site may provide, or third parties may provide, links to other web-sites or resources. You acknowledge and agree that Ross’ Shalom Chapels has no control over such sites and resources and is not responsible for the availability or Content of such external sites or resources. You further acknowledge and agree that Ross’ Shalom Chapels 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 such Content, goods or web-sites available on or through any such site or resource.
11. DISCLAIMER: You expressly understand and agree that your use of this web-site is provided on an “AS IS” and “AS AVAILABLE” basis. Ross’ Shalom Chapels expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, merchantability and non-infringement. Ross’ Shalom Chapels makes no warranty that:
(i) the Web-site will meet your requirements,
(ii) the Web-site will be uninterrupted, timely, secure or error free,
(iii) the quality of any products, web-sites, information or other material purchased or obtained by you through the web-site will meet your expectations, or
(iv) any errors in the web-site will be corrected.
You also expressly understand and agree that:
(i) any material downloaded or otherwise obtained through the web-site is done at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data resulting from the download of such material and
12. LIMITATION OF LIABILITY: You understand and agree that Ross’ Shalom Chapels and its affiliates are not liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Ross’ Shalom Chapels has been advised of the possibility of such damages) resulting from:
(i) your use or inability to use this web-site;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on this web-site; or
(iv) any other matter relating to this web-site.
13. EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.