McCONAGHY FUNERAL HOME Information

18. McCONAGHY FUNERAL HOME, LTD provides this web site and the associated services in connection with one or more affiliated companies. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify McCONAGHY FUNERAL HOME, LTD, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies. 19. THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MCCONAGHY FUNERAL HOME, LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCCONAGHY FUNERAL HOME, LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MCCONAGHY FUNERAL HOME, LTD DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. 20. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK. MCCONAGHY FUNERAL HOME, LTD DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF MCCONAGHY FUNERAL HOME, LTD ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, MCCONAGHY FUNERAL HOME, LTD DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND MCCONAGHY FUNERAL HOME, LTD, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES. 21. MCCONAGHY FUNERAL HOME, LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF MCCONAGHY FUNERAL HOME, LTD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MCCONAGHY FUNERAL HOME, LTD WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY'S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON MCCONAGHY FUNERAL HOME, LTD'S COMPUTERS AND/OR SERVERS. 22. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 23. You agree to indemnify, defend and hold harmless McCONAGHY FUNERAL HOME, LTD, Batesville, and their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder. 24. You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against McCONAGHY FUNERAL HOME, LTD or Batesville with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site. 25. You agree that the laws of the State of Indiana will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of this web site must be brought in the state courts located in Ripley County, Indiana, or the federal courts located in Marion County, Indiana, and you hereby consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.