Terms of Use
Updated Date: 8 March 2022, but is subject to change without notice.
This Terms of Use Agreement
This Terms of Use and Privacy Statement sets forth the standards of use of the Downeast Direct Cremation (DDC) website. By using the DowneastDirectCremation.com website (the “site”) you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the site. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Privacy Policy
Our Privacy Policy can be found here.
Description of Service
Downeast Direct Cremation is providing user with information on its consumer products and services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for User’s access to the Internet, and (3) pay any fees related with such connection.
Disclaimer of Warranties
The site is provided by Downeast Direct Cremation on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Downeast Direct Cremation 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. Downeast Direct Cremation shall have no liability for any interruptions in the use of this Website. Downeast Direct Cremation 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.
Limitation of Liability
Downeast Direct Cremation shall not be liable for any damages whatsoever, and in particular, Downeast Direct Cremation 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 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 Downeast Direct Cremation 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.
Indemnification
User agrees to indemnify and hold Downeast Direct Cremation, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Downeast Direct Cremation reserves the right to modify or discontinue the Service with or without notice to the User. Downeast Direct Cremation shall not be liable to users, or any third party should Downeast Direct Cremation exercise its right to modify or discontinue the Service. User acknowledges and accepts that Downeast Direct Cremation does not guarantee continuous, uninterrupted, or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
The site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all users to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Downeast Direct Cremation makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Downeast Direct Cremation makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Electronic Signatures
You agree to use an electronic document and an electronic signature. You understand that electronic signatures are legally binding. You agree to read documents associated with our Services and fill it out accurately and completely.
Governing Jurisdiction of the Courts of Maine
The site’s content is overseen and governed in the State of Maine. As such, our content is subject to the laws of the State of Maine, and such laws will govern this Terms of Use and Privacy, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Maine.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service 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.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2022 Downeast Direct Cremation, with all rights reserved, or is the property of Downeast Direct Cremation and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Downeast Direct Cremation, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Downeast Direct Cremation.
Downeast Direct Cremation and DowneastDirectCremation.com are proprietary marks of Downeast Direct Cremation. Downeast Direct Cremation’s trademarks may not be used in connection with any product or service that is not provided by Downeast Direct Cremation in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Downeast Direct Cremation.
All other trademarks displayed on Downeast Direct Cremation’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Downeast Direct Cremation.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Downeast Direct Cremation in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in this Terms of Use statement.