|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.
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
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.
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. Â§ 512(c).
THIRD-PARTY CONTENT AND LINKS TO OTHER WEBSITES
INDEMNITY AND HOLD HARMLESS CLAUSE
RISK OF LOSS; OTHER TERMS OF SALE
Katzman maintains the following policy on refunds:
TERMINATION AND EFFECT OF TERMINATION
DISCLAIMER AND LIMITATION OF LIABILITY
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.
ADDITIONAL LEGAL NOTICES
CONTACT IF YOU HAVE QUESTIONS