Please read the following terms of use ("Terms of Use") carefully before using this site.

1. Applicability & Acceptance of Terms of Use

By using, accessing, browsing, or submitting any material to this Site, you expressly agree to these Terms of Use as a binding legal agreement between you and Nelson Funeral Home without limitation or qualification. If you do not agree to these Terms of Use, then you may not use this Site. Nelson Funeral Home reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use.

2. Material Submitted by Users

(a.) By submitting any material to this Site, including, for example, information, articles, illustrations, images, lyrics, photos, poems, or text (“Material”) for a Guest Book entry, a Moving Tribute, Life Story, or photo, you represent and warrant that you have the right to post the Material to this Site, which means (i.) you are the author of the Material, or (ii.) the Material is not protected by copyright law, or (iii.) you have express permission from the copyright owner to post the Material on this Site. You also represent and warrant that the information you submit is accurate. You further represent and warrant that the Material you submit does not violate these Terms of Use, that it will not cause injury to any person or entity, and that it does not violate any third party’s proprietary, statutory, or common law rights.

(b.) Nelson Funeral Home does not allow you to post, transmit, display, publish, distribute, or otherwise submit to this Site any Material that:

contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
unfairly interferes with any third party's uninterrupted use and enjoyment of this Site.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
is intended primarily to promote a cause or movement, whether political, religious or other;
contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
includes articles, illustrations, images, lyrics, photos, poems, text, or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
uploads or transmits viruses or other harmful, disruptive or destructive files;
disrupts, interferes with, or otherwise harms or violates the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
is otherwise inappropriate for this Site, in the sole discretion of Nelson Funeral Home

(c.) We reserve the right to remove Guest Books, Guest Book entries, Moving Tributes, Life Stories, photos, or any other Material that does not meet the standards described in Sections 2(a.) and 2(b.) above. In cases in which payment has been made for a removed Life Story, Guest Book, or Moving Tribute, Nelson Funeral Home will issue a full refund.

3. License Granted by Submitters to Nelson Funeral Home

You grant Nelson Funeral Home its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Nelson Funeral Home in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Nelson Funeral Home to include the Material you provide in a searchable format that may be accessed by users of this Site and other Web sites. You also grant Nelson Funeral Home and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Nelson Funeral Home the right to use any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such Information. All rights in this paragraph are granted by you in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you.

4. Indemnity

You agree to indemnify and hold Nelson Funeral Home its subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone in connection with Material you submit, post, transmit, display, publish or distribute on or through this Site, your use of this Site, your connection to this Site, or your violation of these Terms of Use.

5. Disclaimer of Permanence

Subject to our right to remove Material, Nelson Funeral Home guarantees that each Life Story, Guest Book and Moving Tribute sponsored as "permanent" will remain on this Site for the duration of our existence, and that each Guest Book sponsored as "one year" will remain on this Site for one year from the date of sponsorship, unless this Site ceases to exist during that year.

6. Accessing Site

Except as specifically authorized by Nelson Funeral Home you may not access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or Material on this Site. Legacy.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

7. Use of Content on Site

We grant you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download or print individual pages of this Site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or Material in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, Material, software, products or services obtained from this Site. You may not deep-link to this Site for any purpose without the express permission of Nelson Funeral Home Any rights not expressly granted herein are reserved.

8. Proprietary Rights

You acknowledge and agree that this Site contains proprietary information and content that are protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Nelson Funeral Home All Site design, text, graphics, interfaces, images, and the selection and arrangements thereof, and the hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are ©1999-2006 Nelson Funeral Home all rights reserved.

10. Site Accuracy

Nelson Funeral Home does not represent or warrant that the information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. Nelson Funeral Home assumes no responsibility or liability for any errors or omissions in the content of this Site.

11. Links and Framing

As a courtesy to you, this Site may offer links to other web sites. Some of these sites may be affiliated with Nelson Funeral Home while others are not. Nelson Funeral Home is not responsible for the contents of any web site pages created and maintained by organizations independent of Nelson Funeral Home Visiting any such third-party web site pages is at your own risk. Nelson Funeral Home has no control of these third-party web site pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party web site pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party web site pages does not constitute or imply an endorsement by Nelson Funeral Home By using this Site you acknowledge that Nelson Funeral Home is responsible neither for the availability of, nor the content located on or through any third-party web site pages. No authorization or permission is given for framing or linking to any pages of this Site or any of its content, whether in whole or in part.

12. DISCLAIMER OF WARRANTIES

Nelson Funeral Home neither warrants nor represents that your use of this Site will not infringe rights of third parties not owned by or affiliated with Nelson Funeral Home The information, opinions, services, products, and content contained on this Site, including, without limitation, Material submitted by users, text, graphics, and links, are provided on an "AS IS" basis with no warranty. Nelson Funeral Home makes no representations or warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nelson Funeral Home DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, OPINIONS, SERVICES, PRODUCTS, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

13. LIMITATION OF LIABILITY

(a.) In no event shall Nelson Funeral Home be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Nelson Funeral Home has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Nelson Funeral Home also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing this Site, or of your downloading of any materials from this Site. Nelson Funeral Home assumes no responsibility or liability arising from the content of this Site, as well as any off site pages or additional sites linked to this Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. Nelson Funeral Home will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.

(b.) You and Nelson Funeral Home agree that the warranty disclaimers and limitations of liability in this Agreement are material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement, and in the decision by each party to enter into this Agreement.

14. Applicable Law & General Information

This Site is created and controlled by Nelson Funeral Home in the State of Illinois, U.S.A. These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Nelson Funeral Home makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You hereby agree that any cause of action you may have under these Terms of Use must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or you agree to waive such claim. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. Except as expressly provided in a particular “Legal Notice” or other notice on particular Web pages, these Terms of Use constitute the entire agreement, superseding all prior agreements between you and Nelson Funeral Home regarding this Site. The failure of Nelson Funeral Home to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance, resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever.