Terms of Service (Revised: 1/1/2020)
When you use this website, you agree to the Terms of Service (“Terms”) that follows. If you do not agree with the Terms, you should immediately cease use of this website.
Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms, our Privacy Policy, and other notices and agreements posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms, our Privacy Policy, and other notices and agreements posted on this website. If you do not agree to be bound by and comply with Terms and our Privacy Policy, you may not access or use our website. We suggest you print a copy of each of these documents for your records.
Carriage Services, Inc. and its affiliates and subsidiaries (collectively, the “Company”) shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes on this website. You agree to review these Terms from time to time and agree that any subsequent use by you of this website following changes to these Terms shall constitute your acceptance of all such changes.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS.
Use of Website
The Company authorizes you to view and access a single copy of the content available on or from this or other Company websites solely for your use.
Your Conduct
The Company specifically prohibits any use of the website, and all users agree not to use the website, for any purposes other than designated by the Company. This prohibition included but is not limited to:
•The uploading, storage of files and information, or posting, publishing, displaying, creating of messages or content related to pornography, or that are defamatory, abusive, obscene, threatening, harassing, or racially or otherwise offensive;
•Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;
•Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure;
•Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Company and other generally available third party web browsers;
•Attempting to decipher, decompile, disassemble or reverse engineer any part of this website or the software comprising this website;
•Aggregating, copying or duplicating in any manner any of the website content or information available from this website;
•Framing of or linking to any of the website content or information available from this website;
•Participating in a denial-of-service attack against this website or against any other website or computer environment by using this website;
•Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this website any material that is unlawful or violates the rights of others;
•Engaging in any screen scraping or data acquisition and consolidation;
•Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any website content or the pages making up this website;
•Infringing the intellectual property rights of others in any way;
•Making any unauthorized commercial use of this website;
•In any way that violates Federal, State, local, or other applicable laws or regulations; and
•In any way that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking them for personally identifying information, or through any other action.
Site Security Rules
Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Use of Website Content
For all visitors to the website, the content on the website represents the information as at the date of publication. As conditions change, the Company reserves the right to alter and update the content to reflect the new conditions.
The Company does not assume any responsibility for errors, inaccuracies or omissions in any of the articles or information posted on the website.
The website content may contain inaccuracies or typographical errors. This website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Further, the Company is not responsible if information that made available on this website is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this website will be at your own risk. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to the website.
We may withdraw or amend this website, or any of the content on the website, at any time and without notice. Withdrawal or amendment of the website will not and does not make the Company liable if any part of the website is unavailable. We may at times restrict access to some or all of the website to users.
User Contributions
The website may contain tribute or other pages that have the option for website users to post on a Guest Book or write a condolence message, and the website may contain other pages or features that allow users to make, create, publish, transmit, display or otherwise covey messages, content, or materials to others (“User Contributions”) on or through the website. All users are expected to comply with the Terms at all times and when making User Contributions.
User Contributions are not confidential or proprietary and are publicly available and visible. When making a User Contribution, website users grant the Company, and its affiliates, subsidiaries, licensees, successors, and assigns, the right to distribute, use, reproduce, modify, or otherwise disclose to third parties User Contributions. However, users making User Contributions are the responsible parties for the User Contribution’s accuracy, legality, and appropriateness. The Company is not liable for a User Contribution’s accuracy, legality, or appropriateness.
When making a User Contribution, you are representing and warranting to the Company that you: (1) own and/or control all the rights to the User Contributions and have the legal right to grant the license granted above, and (2) that the User Contribution complies with these Terms.
Claimed Copyright Infringement
If you believe that any copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
•The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
•A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
•Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
•Your name, address, telephone number, and e-mail address;
•A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
•A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
The Company Legal Department is the agent to receive notices of claims of copyright infringement on the website. The Legal Department may be contacted as follows:
Carriage Services, Inc.
Attn: Legal Department
3040 Post Oak Blvd., Suite 300
Houston, TX 77056
Intellectual Property
Any Company trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Company, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners, and may not be used by you in any form.
This website (including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics) is the property of Company and is protected by copyright laws of the United States of America. The Company reserves any rights not expressly granted to you.
You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way for any public, commercial, or non-commercial purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.
Except:
•You may allow your computer, tablet, or mobile device to store copies of such website materials in RAM as is incidental to accessing and viewing website materials;
•You may allow your computer, tablet, or mobile device to store files automatically cached by a web browser for the purpose of enhancement display;
•For personal, non-commercial use, you may print or download website pages and content, but such printing or downloading may not be for additional reproduction, publication, or distribution; and
•You may download applications for your computer, tablet, or mobile device, or other applications, that we provide for personal, non-commercial use and subject to our end user license agreement for the applications.
However, such allowances do not give you permission to modify copies made of website content.
Children Under 13
We neither market our website to children under the age of 13 nor knowingly collect personally identifying information from children under 13, except to provide contracted for services. Website visitors who are under the age of 13 should not use our websites and should not send us personally identifying information. If we learn that personally identifying information regarding a child under the age of 13 has been improperly collected on our websites, we will delete such information.
Links
This website may contain links to other websites and banner ads that take a visitor to another website. Please be aware that the Company is not responsible for the content or terms of use of such other websites. Users are encouraged to be aware of the specific content on the other websites when they leave this website and to read the applicable terms of use and other website requirements.
DISCLAIMERS
THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY DOES NOT EVALUATE OR GUARANTEE THE ACCURACY OR BENEFITS OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION).
TO THE FULLEST EXTENT PROVIDED BY AND ALLOWED BY LAW, THE COMPANY DISCLAIMS EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, SOME LAWS MAY PROHIBIT THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THEREFORE, THE FOREGOING DISCLAIMER DOES NOT AFFECT EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF A TORT, INCLUDING NEGLIGENCE, OR OTHERWISE.
HOWEVER, SOME LAWS MAY PROHIBIT THE LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR LIABILITY
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEBSITE OR THE SYSTEMS TRANSMITTING THE WEBSITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM: (A) ANY MATERIAL YOU PROVIDE TO THE COMPANY’S WEBSITE THAT IS INACCURATE OR UNTRUE; OR (B) YOUR BREACH OF THE TERMS OF THESE TERMS OF SERVICE OR THE COMPANY’S PRIVACY POLICY. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
Breach of Agreement
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this website, and/or any other service provided to you by the Company, upon any breach by you of these Terms, or if the Company is unable to verify or authenticate any information you submit to the website.
Additional Terms and Conditions
These Terms, the Privacy Policy, and other relevant documents and agreements constitute the entire agreement between you and the Company with respect to the use of website. No changes to these Terms shall be made except by a revised posting on this page.
The Company makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the website content may not be legal by certain persons or in certain countries. When you access the website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas applicable therein, without regard to conflict of laws. You consent to the exclusive jurisdiction of the courts located in the State of Texas in connection with any action arising out of or related to these terms of use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.
These Terms as stated herein constitute the entire agreement between you and the Company with respect to the Company’s Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.