T E R M S A N D C O N DI T I O N S
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE.
You agree to and understand the following in its entirety:
When You accept the terms and conditions of this User Agreement, You hereby agree and acknowledge that at any time and in our sole discretion, we may modify the terms and conditions of this User Agreement.
The legal entities You are entering into this User Agreement with are Michigan Memorial Funeral Home, Inc. and Michigan Memorial Park, Inc.
Michigan Memorial Funeral Home and Michigan Memorial Park are Separately Owned and Operated.
1.0 Definitions and Use of Service
For the purposes of these Terms and Conditions:
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Michigan Memorial Funeral Home, Inc., P.O. Box 370, Flat Rock, MI 48134 and Michigan Memorial Park, Inc., P.O. Box 610, Flat Rock, MI 48134. Michigan Memorial Funeral Home and Michigan Memorial Park are SEPARATELY OWNED and operated.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Michigan Memorial Funeral Home and Michigan Memorial Park, accessible from https://mimemorial.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1.2 User Access and Use of Website. These are the Terms and Conditions governing the use of this website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the website. Your access to and use of the website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or submit information via the website. By accessing or using the website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the website.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the website.
1.4 Requests for Information. Your submission of a request for information on the website does not provide a legally binding contract until you have been contacted by Michigan Memorial representatives for the completion of any arrangements. Please contact us via phone or U.S. mail if you have any questions regarding an outstanding request for information.
1.5 License and Acceptable Use. You may use the Michigan Memorial Services only as permitted by law and as intended by Michigan Memorial. The Michigan Memorial Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code (collectively the "Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance", and "graphic function" of our Services including, but not limited to, its color combinations, sounds, layouts, and designs. You agree and acknowledge that Your use of the Michigan Memorial Services does not confer upon You any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, reverse engineer, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners.
You may not collect and/or use any Michigan Memorial platform specific information and/or data for any reason. You may not engage in: any derivative use of any Michigan Memorial Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in this User Agreement are reserved and retained by Michigan Memorial or its licensors, suppliers, Users, rightsholders, or other content providers. No Michigan Memorial Service, nor any part of any Michigan Memorial Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Michigan Memorial. You may not misuse the Michigan Memorial websites for any unintended use, as defined in Section 1.6.
1.6 Prohibited Activities. Company may suspend or remove Your use of a website if we suspect that You have engaged in prohibited activities in connection with our Services. Users may not manipulate or attempt to manipulate other Users’ Michigan Memorial access or submissions of information. Other prohibited activities include, but are not limited to:
Improperly influencing in any manner, or causing another to improperly influence or manipulate in any manner the feedback of User;
Posting and/or copying and pasting the content of a User feedback review from the Michigan Memorial Services to Your own personal or business website, to any other third-party website, and/or on any of Your own personal, business, or third-party marketing/advertising materials regardless of the form;
Posting or attempting to post, in any manner or by any means, a feedback review on Your own Michigan Memorial account;
Sharing, outside of the requirements of our Services and this Agreement, personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses;
Using the Company name on Your own personal and/or business website in any manner, including in the URL without express written consent of the Company;
Attempting to redirect website traffic from the Michigan Memorial website to Your own personal and/or business website in any manner.
Transmitting or otherwise Uploading any User content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Michigan Memorial, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose Michigan Memorial or its Users to any harm or liability of any type;
Interfering with or disrupting servers or networks connected to our website, or disobeying any requirements, procedures, policies or regulations of networks connected to our Website;
Harvesting, collecting or publishing personally identifiable information of others;
Using our Website on behalf of a third party or posting any personal data or other information about a third party, without the express consent of that third party;
Creating any liability for Michigan Memorial or causing us to lose (in whole or in part) the website of our internet service provider(s), web hosting company, or any other vendors or suppliers;
Engaging in any conduct that, in Michigan Memorial’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying our Website;
Interfering with or disrupting any servers or networks used to provide our Website or their respective features, or disobeying any requirements of the networks we use to provide our Website;
Gaining unauthorized access to our Website, or any account, computer system, or network connected to our Website, by any unauthorized or illegal means;
Obtaining or attempting to obtain any materials or information not intentionally made available through our Website;
Undertaking any activity or engage in any conduct that is inconsistent with the business or purpose of our Website; or
Attempting to undertake indirectly any of the foregoing.
1.7 Right to Suspend or Remove Users. We reserve the absolute right to reject or suspend Your participation, or remove You from Your current participation, with the Michigan Memorial Website at any time and for any reason or for no reason and without notice to You. We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of Your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). Michigan Memorial has no obligation to disclose the reason for actions taken under this section. All decisions are final.
2.0 Privacy and Security
2.1 Third Party Access Our Website or third parties may provide or facilitate links, tools, widgets, or other features that allow You to access other sites, website, and resources provided by third parties (collectively, “Third-Party Resources”). Michigan Memorial has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Michigan Memorial is not responsible for and does not endorse such Third-Party Resources or the products, services, or content made available thereby. You acknowledge that Michigan Memorial is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources. You further acknowledge and agree that Michigan Memorial will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources. Any dealings You have with third parties found while using our website are between You and the third party and may be subject to additional terms provided by the third party, which You agree to by using such Third-Party Resources. You agree that Michigan Memorial is not liable for any loss or claim that You may have against any such third party.
2.2 Security. Michigan Memorial uses industry standard practices to safeguard Your personal information. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Website can be interrupted by numerous factors outside of our control.
You agree to maintain reasonable and standard security measures to protect any information transmitted and received through our Website, including without limitation by adhering to any security procedures and controls required by Michigan Memorial from time to time.
2.21 Record Keeping/Audit. Michigan Memorial reserves the right to keep all records of all submitted information and feedback provided by Users in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
3.0 Intellectual Property
3.1 Trademark and Domain Name Protection. The Company website contains trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the "Marks") owned or licensed for use by Michigan Memorial. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Michigan Memorial Website without express written consent. You may not use any meta tags or any other "hidden text" utilizing Michigan Memorial’s name or trademarks without the express written consent of Michigan Memorial. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, Michigan Memorial’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
3.2 Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section shall survive the termination of this Agreement. Furthermore, You acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by Your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to recovery for damages.
4.0 Third Party App Terms
4.2 Mobile Application Usage. When using the Website on a mobile device, You shall: (i) observe all traffic laws and otherwise drive safely; (ii) use Your good personal judgment while driving, (iii) not interact with the website, unless Your vehicle is stationary and legally parked; (iv) not use the Website for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes.
You may only access the website using authorized means. Michigan Memorial is not liable if you do not have a compatible mobile device. You will comply with all applicable laws from Your home nation, the country, state, and/or city in which you are present while using the website.
5.0 Disputes and General Provisions
5.1 Arbitration and Waiver of Class Actions. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL. In consideration for our willingness to provide You with access to our sites, Services, or tools, You and we agree as follows: Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by Michigan Memorial to collect our fees or recover damages for, or obtain an injunction relating to, the Michigan Memorial operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, including, if necessary, the Optional Rules for Emergency Measures of Protection. The arbitration shall be conducted in Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
5.2 Remedies. If You use our Website in violation of this agreement, we are authorized to take action against you as a User and/or take action against Your Michigan Memorial account which may include, but is not limited to, the immediate removal of Your offers, pricing, and/or profile, notifying our Users of Your actions, issuing a warning, temporarily suspending Your User status, terminating Your User status, and/or refusing to provide our Website to You in the future.
5.3 Limited Liability and No Warranty. You acknowledge that we cannot guarantee the continuous operation of or access to our sites including those of any existing or future third-party solution providers. You further acknowledge that operation of and access to our sites including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that Michigan Memorial is not responsible for any failures, delays, outages, or otherwise not making the website available at any time. You agree that You are making use of our websites including those of third-party solution providers at Your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold Michigan Memorial responsible, for any damages or losses resulting in any way from the foregoing in this Section, or the following:
Viruses or other malicious software obtained by accessing our Website, or tools linked to our Website including those of third-party solution providers;
Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Website;
The content, actions, or inactions of third parties,
Changes to any Michigan Memorial websites, products, or information
Your removal from the Michigan Memorial website.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that Michigan Memorial’s liability is extremely limited and provides its Website “AS IS”, and if these Terms are modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
5.4 Indemnity. You agree to indemnify and hold Michigan Memorial and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of Your attorneys' fees, made by any third party due to or arising out of Your negligence, breach of these Terms and Conditions, misuse of Michigan Memorial’s website, or violation of any law or the rights of a third party.
5.50 General. These Terms and Coniditions may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of these Terms as a whole, and any such provision should be enforced by authorities and reconstructed, if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
5.51 Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for Your use of the Michigan Memorial Website at any time. You agree that any additional terms and conditions that apply to Your use of our Website shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
5.52 Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of the Michigan Memorial Website.
5.53 Governing Law. THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
All modified terms and conditions shall take effect immediately after posting to the Michigan Memorial website, or upon the stated date included within our notice. Your continued use of the Michigan Memorial website following the effective date of such changes will constitute Your acceptance and consent to any and all modified terms. These Terms and Conditions may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify these Terms at any time and without notice and without any liability or responsibility to You.
5.61 Contact. All notices sent to Michigan Memorial shall be sent by physical mail to: Michigan Memorial Funeral Home, Inc. at P.O. Box 370, Flat Rock, MI 48134 or Michigan Memorial Park, Inc. at P.O. Box 610, Flat Rock, MI 48134.
Last Revised Date: September 23, 2022