1. Services and Conditions of Use Welcome to Berry Funeral Home, Inc.'s Web site (the "Service")! As part of our service, Berry Funeral Home, Inc. ("Berry") agrees to provide you with information, one or more discussion lists, product order forms, and other computer services that Berry may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Berry may modify this Agreement at any time. You agree and continue to agree to use Berry Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Rules For Online Conduct for Berry Discussion List(s) By using the Service, you agree that you will not post any of the following material in Service Discussion Lists or other forums ("postings"):

• Material which defames, abuses or threatens others.
• Statements that are bigoted, hateful or racially offensive.
• Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
• Unauthorized copyrighted material.
• Material that contains vulgar, obscene or indecent language or images.
• Advertising or any form of commercial solicitation.
• Material that does not pertain to the Discussion List or forum's given topic.

Statements or postings which violate the above terms will be deleted from postings upon discovery.

3. Software Libraries and Copyrighted Materials Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to Discussion Lists or forums on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services; material of a sexually explicitly nature, including photographs and text.

Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Berry and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.

4. Limitation Of Liability And Warranty Customer agrees that use of the information and services provided by this Web site is entirely at customer's own risk. Web site services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the Web site services. Specifically, Berry Funeral Home, Inc. disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that Berry is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.

Neither Berry nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.

5. Indemnification Customer agrees to indemnify and hold Berry harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Berry harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

6. Choice Of Law This Agreement shall be construed and controlled by the laws of the State of Tennessee. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Tennessee. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Tennessee.

7. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Berry representatives and Customer. Berry may amend or modify this Agreement or impose new conditions at any time upon notice from Berry to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.

Web site designed, constructed, and managed by Abacus Arts, Inc.

Please send feedback to webmaster@berryfuneralhome.com.