Last updated on November 7, 2022.
THE WEBSITE IS PROVIDED BY BKR MEMORIAL II, LLC A TEXAS LIMITED LIABILITY COMPANY (THE “COMPANY”, “WE” OR “US”) ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN ANY SUCH JURISDICTIONS.
IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS DEPICTED OR LISTED ON THE WEBSITE, AND THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO SUCH PRODUCTS TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW.2. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO THE USE OF OUR WEBSITE OR PRODUCTS DEPICTED OR LISTED ON OUR WEBSITE, AND IN PARTICULAR, WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO SUCH PRODUCTS, THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN ANY SUCH JURISDICTIONS.3. Indemnification
The Company reserves the right to modify or discontinue the Website with or without notice to User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Website. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Monitoring, Tracking, and Recording
Your use of the Website may be monitored, tracked, and recorded. By using the Website, you expressly consent to such monitoring, tracking and recording. You agree that we may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify you individually. Our vendors and professional service providers may also have access to such data solely for the purpose of providing services to the Company and in line with their ordinary course of business.7. International Users
If you use the Website from a location outside of the United States, your connection will be through and to servers located in the United States and any information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of such information to the United States and its storage and use as specified above when you provide such information.8. Governing Jurisdiction of the Courts
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.10. Botnets
The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any host names are used as command and control points for botnets, the Company reserves the right to direct the involved host names to a honeypot, loop back address, logging facility, or any other destination at its discretion.
11. Other Terms