Agreement Between User & fowlerkennedyfuneralhome.com

www.fowlerkennedyfuneralhome.com, fowler-kennedy.com, www.fowler-kennedy.com website (the “Site”) is comprised of various web pages operated by Fowler-Kennedy Funeral Home. Fowlerkennedyfuneralhome.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of fowlerkennedyfuneralhome.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Fowlerkennedyfuneralhome.com is a Funeral Home Resource Site. The purpose of the Site is to inform the public about Fowler-Kennedy Funeral Home and other funeral resources.

Privacy

Your use of fowlerkennedyfuneralhome.com is subject to Fowler-Kennedy Funeral Home‘s Privacy Policy. Please review our Privacy Policy below, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting fowlerkennedyfuneralhome.com or sending emails to Fowler-Kennedy Funeral Home constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Fowler-Kennedy Funeral Home does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fowlerkennedyfuneralhome.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Fowlerkennedyfuneralhome.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fowler-Kennedy Funeral Home is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fowler-Kennedy Funeral Home is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fowler-Kennedy Funeral Home of the site or any association with its operators.

Certain services made available via fowlerkennedyfuneralhome.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fowlerkennedyfuneralhome.com domain, you hereby acknowledge and consent that Fowler-Kennedy Funeral Home may share such information and data with any third party ,with whom Fowler-Kennedy Funeral Home has a contractual relationship to provide the requested product, service or functionality on behalf of fowlerkennedyfuneralhome.com users and customers. No Unlawful or Prohibited Use.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use fowlerkennedyfuneralhome.com strictly in accordance ,with these terms of use. As a condition of your use of the Site, you warrant to Fowler-Kennedy Funeral Home that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere ,with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fowler- Kennedy Funeral Home or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fowler-Kennedy Funeral Home content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fowler- Kennedy Funeral Home and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fowler-Kennedy Funeral Home or our licensor’s except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Fowler-Kennedy Funeral Home from our offices ,within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fowler-Kennedy Funeral Home Content accessed through fowlerkennedyfuneralhome.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Fowler-Kennedy Funeral Home , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fowler-Kennedy Funeral Home reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fowler-Kennedy Funeral Home in asserting any available defenses.

Liability Disclaimer

Fowler-Kennedy Funeral Home AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS !S H WITHOUT WARRANTY OR CONDITION OF ANY KIND. Fowler-Kennedy Funeral Home AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fowler-Kennedy Funeral Home AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THIS PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Fowler-Kennedy Funeral Home SM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/ Access Restriction

Fowler-Kennedy Funeral Home reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fowler-Kennedy Funeral Home as a result of this agreement or use of the Site. Fowler-Kennedy Funeral Home ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fowler-Kennedy Funeral Home ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fowler-Kennedy Funeral Home with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fowler-Kennedy Funeral Home with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fowler-Kennedy Funeral Home with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Fowler-Kennedy Funeral Home reserves the right, in its sole discretion, to change the Terms under which fowlerkennedyfuneralhome.com is offered. The most current version of the Terms will supersede all previous versions. Fowler-Kennedy Funeral Home encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Fowler-Kennedy Funeral Home welcomes your questions or comments regarding the Terms:

Fowler-Kennedy Funeral Home
42 Concord Street Maynard, Massachusetts 01754
Telephone number: 978-897-7343
Effective as of April 2, 2022

Protecting your private information is our priority. This Statement of Privacy applies to fowlerkennedyfuneralhome.com and Fowler-Kennedy Funeral Home and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Fowler-Kennedy Funeral Home include fowlerkennedyfuneralhome.com and Fowler-Kennedy Funeral Home. Fowler-Kennedy Funeral Home website is a Funeral Resource site. By using the Fowler-Kennedy Funeral Home website, you consent to the data practices described in this statement.

Collection of your Personal Information

Fowler-Kennedy Funeral Home may collect anonymous demographic information, which is not unique to you, such as your:
• Age
• Gender
• Race
• Religion

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and! or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Sharing Information with Third Parties

Fowler-Kennedy Funeral Home does not sell, rent or lease its customer lists to third parties.

Fowler-Kennedy Funeral Home may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Fowler-Kennedy Funeral Home, and they are required to maintain the confidentiality of your information. Fowler-Kennedy Funeral Home may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Fowler-Kennedy Funeral Home or the site; (b) protect and defend the rights or property of Fowler-Kennedy Funeral Home; and! or (c) act under exigent circumstances to protect the personal safety of users of Fowler-Kennedy Funeral Home, or the public.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Fowler-Kennedy Funeral Home. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Fowler-Kennedy Funeral Home website.

Links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information

Fowler-Kennedy Funeral Home secures your personal information from unauthorized access, use, or disclosure. Fowler-Kennedy Funeral Home uses the following methods for this purpose:

SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Children Under Thirteen

Fowler-Kennedy Funeral Home does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Changes to this Statement

Fowler-Kennedy Funeral Home reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and! or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information

Fowler-Kennedy Funeral Home welcomes your questions or comments regarding this Statement of Privacy. If you believe that Fowler-Kennedy Funeral Home has not adhered to this Statement, please contact Fowler-Kennedy Funeral Home at:

Fowler-Kennedy Funeral Home
42 Concord Street Maynard, Massachusetts 01754
Telephone number: 978-897-7343
Effective as of April 2, 2022