Terms and Conditions

Barton Family Funeral Service, LLC Terms and Conditions of Use

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Agreement. This Agreement (”the ”Agreement”) specifies the Terms and Conditions for access to and use of the Barton Family Funeral Service Web Site (the ”Site”) and submitting photos and text (“Content”). The term “Barton Family Funeral Service” or “us” or “we” or “our” refers to Barton Family Funeral Service, LLC the owner of bartonfuneral.com. The term “you” refers to the user or viewer of our website.  This Agreement may be modified at any time by Barton Family Funeral Service, LLC upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://bartonfuneral.com/about/terms-and-conditions/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy.  Your visit to our site is also governed by our Privacy Policy.  Please review our Privacy Policy at http://bartonfuneral.com/about/privacy-policy/.

Ownership.  All content included on this site is and shall continue to be the property of Barton Family Funeral Service, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

Trademarks. Barton Family Funeral Service, LLC, and logos are either trademarks or registered trademarks of Barton Family Funeral Service, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.

Site Use. Barton Family Funeral Service, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Barton Family Funeral Service, LLC and Barton Family Funeral Service, LLC may terminate your use of this website at any time.

Submitting Information and Photos to Barton Family Funeral Service, LLC

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

Indemnification.  You hereby agree to indemnify, defend and hold Barton Family Funeral Service, LLC and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Barton Family Funeral Service LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Barton Family Funeral Service, LLC.

Submittal of Materials.  Barton Family Funeral Service, LLC welcomes you to share information with us. We assume that any information you share is accurate and truthful and that the copyright for all text, images and materials of any kind is your sole property. You must have the permission of the copyright holder to submit any materials in which you are not the sole owner of the copyright and the supply the name/s of the copyright owner when you submit material. You shall be solely liable and responsible for any damages that arise from any infringement of copyright, trademark or other proprietary rights that may result from posting, uploading or submission of your content to the site. To find out how your privacy is protected by Barton Family Funeral Service, LLC, please read our Privacy Policy.

Grant of License to Barton Family Funeral Service.  Unless Barton Family Funeral Service, LLC has otherwise expressly agreed with you in writing, by posting messages, uploading files, submitting any other information, or engaging in any other form of communication (individually or collectively “Communications”) to Barton Family Funeral Service, LLC or the Site, you hereby grant to Barton Family Funeral Service, LLC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise use such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Barton Family Funeral Service, LLC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

Communications with Barton Family Funeral Service, LLC.  You acknowledge that transmission to and from Barton Family Funeral Service, LLC and the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Barton Family Funeral Service, LLC no confidential, fiduciary, contractually implied or other relationship is created between you and Barton Family Funeral Service, LLC other than pursuant to this Agreement.

Objectionable Content.  Barton Family Funeral Service, LLC has the right to monitor the content which you or other users make by means of the Service, but shall have no obligation to do so. You agree that if Barton Family Funeral Service, LLC in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, Barton Family Funeral Service, LLC has the right, but not the obligation, to remove or deny access to such content. You expressly agree that Barton Family Funeral Service, LLC shall not be liable to you for any action Barton Family Funeral Service, LLC takes to remove or restrict access to such material, nor for any action taken to restrict access to material provided in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Barton Family Funeral Service, LLC has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.

Photo submissions.  Barton Family Funeral Service, LLC accepts photo submissions from loved ones to be published throughout the Barton Family Funeral Service, LLC website. All photos are subject to the terms and conditions stated in this document. You must be the copyright holder to submit images, or have the written consent of the copyright holder. Images that are posted to the Barton Family Funeral Service, LLC website may remain on the website in perpetuity and can be removed only with the consent of the officers of Barton Family Funeral Service, LLC. It is our intention to provide proper credit for all photos. If you are aware of photos that have missing or incorrect credit, please contact us at info<at>bartonfuneral.com and our copyright agent will reply. For more information on our copyright policy please refer to the Copyright Section below.

Compliance with Laws.  You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BARTON FAMILY FUNERAL SERVICE, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES WILL BARTON FAMILY FUNERAL SERVICE, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Use of Information.  Barton Family Funeral Service, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Copyrights and Copyright Agent.  If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

c/o Copyright Agent
North Park Business Center
11630 Slater Ave NE, Suite 1A
Kirkland, WA 98034
By Phone:  (425) 823-1900
By e-mail: info<at>bartonfuneral.com. Substitute “@” for <at> in the email address

Applicable Law. You agree that the laws of the state of Washington, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Barton Family Funeral Service, LLC or its affiliates.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Termination. Barton Family Funeral Service, LLC may terminate this Agreement at any time, with or without notice, for any reason.

Contact Information.

HOW TO CONTACT US:

Barton Family Funeral Service, LLC
North Park Business Center
11630 Slater Ave NE, Suite 1A
Kirkland, WA 98034
Phone — (425) 823-1900
Fax – (425) 823-1977
email:  info<at>bartonfuneral.com. Substitute “@” for <at> in the email address