TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE
The Monongahela Cemetery (The Monongahela Cemetery, Inc.) provides its content on monongahela-cemetery.com subject to the following terms and conditions. These terms and conditions of use, “terms and conditions," apply to your use of monongahela-cemetery.com, the “site.” Your access, browsing, review, and use of this site is subject to these terms and conditions and all applicable laws. By accessing and using this site, you accept these terms and conditions, without limitation or qualification. If you do not agree to these terms and conditions, do not use this site. If, at any time, any part of these terms and conditions is no longer acceptable to you, immediately terminate your use of this site.
The Monongahela Cemetery, also referenced throughout these terms and conditions as “The Monongahela Cemetery,” “Monongahela Cemetery,” “we,” “our,” and “us,” reserves the right to change, modify, add, or delete portions of the terms and conditions at any time, without prior notice. Please read these terms and conditions periodically for any changes. Your continued use of this site means that you accept such changes or deletions. For an explanation of The Monongahela Cemetery’s practices and policies related to the collection, use, and storage of our users’ information, please read our “Privacy Policy” page.
COPYRIGHTS AND TRADEMARKS
This site (“monongahela-cemetery.com”) and all the information it contains, or may in the future contain, including, but not limited to: photographs, videos, illustrations, products, text, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, trademarks, trade names, service marks, and logos (collectively, the "content"), is the property of The Monongahela Cemetery, and is protected from unauthorized copying and dissemination by U.S. Copyright Law, trademark law, international conventions, and other intellectual property laws.
Certain trademarks and logos displayed on this site are owned by third parties. Except as we have described in these terms of use, nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any content displayed on this site, through the use of framing or otherwise, without the prior written permission of The Monongahela Cemetery or such third party that may own the trademark or copyright of material displayed on this site.
USE OF SITE CONTENT
The Monongahela Cemetery encourages and permits links to content on this site. However, The Monongahela Cemetery does not grant any license or other permission for links or other use of this site or its content if such use or link: suggests that The Monongahela Cemetery promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products, or services; copies, displays, disseminates or otherwise uses the content without The Monongahela Cemetery’s express written consent, or uses the content for commercial purposes. The Monongahela Cemetery does not grant its consent for links to this site where the linking party engages in any prohibited conduct, as described in these terms of use. We reserve the right to withdraw permission for any link at any time.
RESTRICTION, SUSPENSION OR TERMINATION
The Monongahela Cemetery reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service. The Monongahela Cemetery may change, suspend or discontinue all or any aspect of this site at any time, including the availability of any site feature, database, or content, without prior notice or liability.
THIRD PARTY WEBSITES
We may provide links to third-party websites, and some of the content appearing to be on this site is in fact supplied by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. The Monongahela Cemetery has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
NON-ENDORSEMENT
This site may contain links to sites on the Internet that are owned and operated by third parties (the "external sites"). You acknowledge that The Monongahela Cemetery is not responsible for the availability of, or the content or software applications located on or through any external site. You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or external sites.
ACCESS TO AND AVAILABILITY OF THIS SITE
This site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damage to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from this site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.
RESPONSES TO ONLINE REQUESTS
From time-to-time, The Monongahela Cemetery may offer to provide information or materials via email or otherwise to interested persons. The Monongahela Cemetery reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
PROHIBITED CONDUCT
You may use this site for lawful purposes only. You may not upload to, or distribute or otherwise publish through this site, any content that is: libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to The Monongahela Cemetery in the corporation’s sole discretion; contains computer viruses, worms, moles or other contaminating or destructive elements; violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; contains any false or misleading statement; contains advertising; or otherwise violates any applicable criminal or civil law. You may not use this site for any commercial purpose and may not distribute over this site any solicitation of funds, goods, and services. In addition, you may not use this site to solicit subscribers to join other online information services that are competitive with this site.
DISCLAIMERS
THE CONTENT AND FUNCTIONALITY ON THIS SITE IS PROVIDED WITH THE UNDERSTANDING THAT THE MONONGAHELA CEMETERY IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. THIS SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER THE MONONGAHELA CEMETERY NOR THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER THE MONONGAHELA CEMETERY NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES THE MONONGAHELA CEMETERY, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE MONONGAHELA CEMETERY NOR ANY THIRD-PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE MONONGAHELA CEMETERY, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold The Monongahela Cemetery, and all of its predecessors, successors, parents, subsidiaries, divisions, affiliates, and past and present officers, directors, board members, shareholders, investors, employees, agents, information providers, attorneys, representatives, licensors, and information providers (collectively, the "The Monongahela Cemetery Representatives") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by The Monongahela Cemetery or any The Monongahela Cemetery Representatives in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the terms and conditions, or the representations, warranties and covenants you made by agreeing to these terms and conditions. The Monongahela Cemetery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Monongahela Cemetery’s defense of such claim.
CHOICE OF LAW
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
NO AMENDMENT OR WAIVER
These terms and conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of The Monongahela Cemetery.
CONTACT US
If you have any questions about these terms and conditions, or if you require any assistance in navigating or reading the materials on this site (“monongahela-cemetery.com”) or any other Monongahela Cemetery site, please contact us at:
Legal Counsel
The Monongahela Cemetery