Terms and Conditions
Welcome to the Web site of Wilbert Funeral Services, Inc. (“Wilbert”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE BROWSING THIS WEB SITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. Wilbert reserves the right, at its sole discretion, to change, add, remove or modify any and all portions of these terms at any time without prior notice. Please check these terms and conditions of use periodically for changes. Your continued use of Wilbert’s site following the posting of changes to these terms will mean you accept those changes.
Copyright
The entire content included on this Web site, including but not limited to text, graphics or code is protected as a collective work under the United States and other copyright laws, and is the property of Wilbert. The collective work includes works that are licensed to Wilbert. Further, many individual items on this web site are protected by copyright or other laws. Copyright 2003, WILBERT FUNERAL SERVICES, INC. ALL RIGHTS RESERVED. The various pictures contained on this Web site are all individual intellectual property of Wilbert unless specified otherwise. Any use, including but not limited to the reproduction, distribution, display or transmission of the content or of singular pictures presented on this site is strictly prohibited, unless authorized in writing by Wilbert.
Trademarks
ANTIQUE ENGLISH; AVONDALE; CAMEO ROSE; COMMEMORATING FIRST RESPONDERS; COMMEMORATING LIFE WITH RESPECT; COMMEMORATIONS; CONTINENTAL; COUNTRY BOUQUET; CREMATION CHOICES; FOREVER REMEMBERED; HEART IN BLOOM; LIFE EXPRESSIONS; LIFE'S REFLECTIONS; LIFE'S TREASURES; LOVED & CHERISHED; MEMORIALIZATION PLUS; MONTICELLO; MOONSTONE; REGAL; REMEMBRANCE; RINGUARDIAN; SALUTE; SST TRIUNE; STRENTEX; THE WILBERT BRONZE; TRIBUTE; TRILON II; TRIUNE; UNIDEX; UNIVERSAL; VENETIAN; VETERAN TRIUNE; WILBERT; WILBERT (Stylized); WILBERT FOUNDATION; WILBERT GREEN FLORA; WILBERT MEMORIAL SERIES; WILBERT OVATION; WILBERT RED FLORA; WILBERTWAY; and other marks on our site bearing the registration symbol are registered trademarks of Wilbert Funeral Services, Inc., in the United States and other countries.
ADRIA WHITE; ALBURY; APOLLO; ARGUS; ARLINGTON; AUTUMN LEAVES CLOISONNE; BARBADOS; BARCELONA; BELMONT; BLUE CLOISONNE; BRONZE CUBE; BURLESON; CAMBRIDGE; CAMEO ROSE CLOISONNE; COUNTRY ROADS; CRYSTAL LILY; CRYSTAL MEADOW; DANBURY; ETERNAL CELEBRATION OF LIFE; ETERNAL EMBRACE; GREEN CLOISONNE; JEWEL; LIFESCENES; MARBELON; MANCHESTER; OPAL CLOISONNE; OPUS; PORTRAIT; SAPPHIRE SEAS; SEDONA; SIMPLICITY; TILIA; TRANQUILITY; TRAVERTINE; VICTORIAN; WICKFORD; WINDWARD; WOVEN MEMORIES; and other Wilbert graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Wilbert Funeral Services, Inc. whether or not identified as such. Wilbert’s trademarks and trade dress may not be used in connection with any product or service that is not Wilbert’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wilbert. All other trademarks not owned by Wilbert that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wilbert or its licensees.
Patents
One or more United States and international patents apply to this site, including without limitation: U.S. Patent Nos. 6,401,274; D455,885; D454,676; D454,420; D446,901; 5,203,810; and 5,157,817, among others.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Wilbert disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Wilbert does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Wilbert does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, adequacy, timeliness, accuracy, usefulness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Wilbert explicitly disclaims any responsibility for the accuracy, content, or availability of information found on any Web site that may link to or from Wilbert’s Web site. Wilbert cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Wilbert’s Web site or third-party content contained on Wilbert’s Web site. Wilbert neither endorses any of the merchandise, nor has Wilbert taken any steps to confirm the accuracy or reliability of, any of the information contained on such third-party Web sites or content. Wilbert does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) visitors might be requested to give any third-party, and visitors hereby irrevocably waive any claim against Wilbert with respect to such third party Web sites and third-party content. Wilbert strongly encourages visitors to make whatever investigation visitors feel necessary or appropriate before proceeding with any online or offline transaction with any of these third party Web sites.
Limitation of Liability
Wilbert is unable to accept the liability for any conduct, acts or omissions occurring at this Web site or any losses you may incur. In no event will Wilbert be liable to you for any consequential, indirect, incidental or special damages, including without limitation any lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this site, damages resulting from use or reliance on the information present, even if you claim to have notified us about such damages, or for any claims by any third-parties. Wilbert strongly encourages users to seek competent professional advisors or experts in the particular field. In no way should the information provided at this site be substituted for such professional and/or expert advice. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Wilbert product is mistakenly listed at an incorrect price, Wilbert reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Wilbert reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Wilbert shall issue a credit to your credit card account in the amount of the incorrect price.
Indemnification
You agree to indemnify, defend, and hold harmless Wilbert, its officers, directors, employees, and agents (collectively the “Wilbert Family”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Jurisdiction
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A.. Specifically, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to Wilbert’s Web site (including but not limited to the purchase of Wilbert products) shall be in the state or federal courts located in Chicago, Illinois. Wilbert’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wilbert may assign its rights and duties under this Agreement to any party at any time without notice to you.
Unless otherwise specified, the materials on the Wilbert Web site are presented solely for the purpose of promoting Wilbert products available in the United States and its territories, possessions, and protectorates and Canada. Wilbert makes no representation that materials on its Web site are appropriate or available for use in any particular location. Those who choose to access Wilbert’s Web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Wilbert Web site and destroying all materials obtained from the site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to Wilbert’s Web site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Wilbert Web site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise. Failure to do so could subject you to additional penalties including potential litigation.