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Terms & Conditions

Katzman Monument Company, LLC ("Katzman") through Katzmanmonument.com (the "Site") provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). When you use any of our services or purchase any of our products through the Site, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service and/or products, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. By using this Site, you agree to abide by the terms of the Agreement. If you do not agree to be bound by the terms of the Agreement, do not use this Site. We reserve the right, at our discretion, to change or modify all or some of the terms of this Agreement at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ABIDE BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE


Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for products sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content (as defined below), information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Content provided on this site is solely for informational purposes. We may assign you a password and account identification to enable you to access and use certain portions of this Site in order to retrieve, review and revise any product designs that you may create. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photographs, design images, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, if the Site offers the ability for you to post a comment or review, in the event that you do so, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other Content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Katzman, or any parent, subsidiary or affiliate (collectively the "Katzman Parties"). The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Katzman or the Katzman Parties. All software used on this Site (the "Software") is the property of Katzman, the Katzman Parties or any software supplier. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The use of any of our copyrighted material without our express written consent is strictly prohibited. You may not use our logo in any way to cause confusion or in any manner that disparages or discredits us.

All news and information provided through this Site is property of Katzman and is protected by applicable copyright. Additionally, the entire Content of this Site is also copyrighted as a collective work under the United States copyright laws; Katzman is the owner of the collective work. Katzman's logo and all computer-generated graphics on this Website are trademarks of Katzman. All other trademarks on the Site are trademarks of their respective owners. Information received through use of this Site may be stored in computer memory, manipulated, analyzed, reformatted, printed and displayed for your personal, noncommercial use only.

Notices of potential copyright infringement should be sent to Katzman. To be effective, the notice must be a written communication provided to Katzman that includes substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 17 U.S.C. § 512(c).

 THIRD-PARTY CONTENT AND LINKS TO OTHER WEBSITES
This Site may contain links to other websites, which are not under Katzman's control. We do not review, control or monitor the practices, information or materials on any other websites, and are not responsible or liable for the communications, practices, information, content or materials of any of those sites. We may provide these links as a courtesy to you as a customer and to allow advertisers to promote their own sites or products, and do not endorse those sites, companies or their products or services. You are responsible for adhering to any other website's terms and conditions.

INDEMNITY AND HOLD HARMLESS CLAUSE
You agree to indemnify and hold Katzman, the Katzman Parties and any officers, employees, independent contractors and agents of any of them harmless from any claim, cause of action, or demand, including all attorneys' fees, made by any third-party due to or arising out of any photographs, images, ideas, information, creative works, materials or other content you submit, post to or transmit through this Site; your use of the Site, your violation of or failure to adhere to this Agreement, or your interaction with any third-party on the Internet.

RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery and your inspection of the product, see the FAQ section on the Site.

REFUND POLICY

Katzman maintains the following policy on refunds:

  1. A full refund will be made of any and all down payments made on memorials up to and including the production of your scaled memorial proof.
  2. After that point if labor has been incurred and materials have been produced there will be a 30% re-stocking fee assessed.
  3. In addition to the above, if the memorial engraving stencil has been produced, there will be a fee of one half of the lettering charge assessed.
  4. If the memorial has been sandblasted - (which means it has been completed) there will be no refund available, unless there was a mistake present not approved by the final scaled proof.   Such cases will be handled on an individual basis.

TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

GRANITE IS A NATURAL PRODUCT AND CARRIES NO WARRANTIES DUE TO ITS NATURAL CHARACTERISTICS. THESE CHARACTERISTICS INCLUDE, BUT ARE NOT LIMITED TO, DENSITY, VEINING, COLOR VARIATIONS, WATER LINES, STRESS FISSURES, PITTING, RESIN FILLS (NECESSARY ON MANY ORNAMENTAL STONES) AND SURFACE MARKS.  ACCORDINGLY, YOU AGREE AND ACKNOWLEDGE THAT THE FINISHED PRODUCT MAY VARY FROM THE SAMPLE SHOWN ON KATZMAN'S WEBSITE.

IN THE EVENT YOU SELECT A COMPANION MONUMENT, IT IS YOUR SOLE RESPONSIBILITY TO MAKE SURE THAT YOU HAVE ENGRAVED THE APROPRIATE SIDE (LEFT OR RIGHT) OF THE MONUMENT.

NO IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IS COVERED BY THIS WARRANTY EXCEPT AS EXPRESSLY STATED THEREIN. KATZMAN SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES, INCLUDING DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO ANY OF KATZMAN'S PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE AMOUNT OF YOUR ORDER OF A KATZMAN PRODUCT OR PRODUCTS.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

ADDITIONAL LEGAL NOTICES
You agree that all information posted on this Site forever remains property of Katzman. By submitting information to Katzman you grant Katzman a nonexclusive, royalty-free, worldwide, perpetual, sublicenseable, license to use, modify, copy, distribute, transmit, publicly display, publish, distribute, transfer or sell any such content, for any purpose, without any payment to you. Katzman grants to you a personal, non-exclusive, non-assignable license to use this Site. You agree that your use of this Site is non-transferable. Your account may not be shared, transferred, or sold to other parties, nor may any person or party other than you access your account.

REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW
This site is created and controlled by us in the State of Minnesota, USA. As such, this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You agree to waive your right to a jusry trial.

SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

CONTACT IF YOU HAVE QUESTIONS
If you have any questions regarding this Site, please direct them to:
Katzman Monument Company, LLC, Attn: Legal Department, 525 Abbey Way Mendota Hts, MN 55120.

 
Copyright © 2017 Katzman Monument Company, LLC, Attn: 5353 Logan Ave S., Minneapolis, MN 55419. All Rights Reserved.