Privacy Policy & Term of Use

Gaulden Monuments

Privacy Policy

This Privacy Policy ("Privacy Policy") is designed to help you understand how Gaulden Monuments, Inc. and/or its affiliates (collectively "Gaulden Monuments,” “Us”, “our” or “We”) collect and process the information that you share when you use this, any of our websites (together, the "Site").

Before submitting information to the Service, please review this Privacy Policy carefully. By using or accessing the Service, you accept the practices described in this Privacy Policy. If you prefer that we not collect and process information about you, please do not provide it to us and do not access the Service.

1) Information We Collect 

We collect the following information, including: 

• Personal      Information You Share with Us:      "Personal Information" is information that can personally      identify you, such as your name, email address and telephone number. We      maintain one or more databases to store your Personal Information and may      retain it as reasonably required to serve you and operate the Service.      Personal Information that we collect depends on how you use the Site.      Providing your Personal Information to us is your choice; and 
• Information      We Collect Automatically:      When you visit the Site, we may automatically collect identifier and other      technical information, such as your browser information, operating system      information, device information, TCP-IP address and the date, time, length      of stay and specific pages accessed during your visits to the Site      (“Online Information”). 

2) Children

We do not knowingly collect any Personal Information from children under 13 without prior verifiable parental consent. If Gaulden Monuments learns that a child under the age of 13 has submitted Personal Information (defined below) online without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us here. 

3) Optional Voluntary Information

We offer the following free services, which require some type of voluntary submission of personal information by users:

• Electronic newsletters      (Dispatches) 

We will offer a free electronic newsletter to users. Gaulden Monuments gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration.

• Message boards/forums
       Users of the Site's Message Boards and Forums must register separately for      these services (both are free of charge) in order to post messages,      although they needn't register to visit the site. During registration the      user is required to supply a username, password, and email address.
• "E-mail this to a      friend" Service.
       Our Site users can choose to electronically forward a link, page, or      documents to someone else by clicking “e-mail this to a friend.” The user      must provide their email address, as well as that of the recipient. This      information is used only in the case of transmission errors and, of      course, to let the recipient know who sent the email. The information is      not used for any other purpose.
• Polling
       We may offer interactive polls to users so they can easily share their      opinions with other users and see what our audience thinks about important      issues. Opinions or other responses to polls are aggregated and are not      identifiable to any particular user. Gaulden Monuments may use a system to      "tag" users after they have voted so they can vote only once on      a particular question. This tag is not correlated with information about      individual users.
• Surveys
       Gaulden Monuments may occasionally conduct user surveys to better target      our content to our audience. We sometimes share the aggregated demographic      information in these surveys with our sponsors, advertisers, and partners.      We never share any of this information about specific individuals with any      third party.

4) Usage Tracking

Gaulden Monuments tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Gaulden Monuments does break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser). Gaulden Monuments sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

5) Cookies and Other Identification Tools

Like many website providers, we use your IP address to help diagnose problems with our server and provide a better web experience. Your IP address is used to help identify you and your shopping cart and gather Online Information. 

We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Site and to generate information about Site traffic and trends. Web beacons collect Online Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link Online Information to other Personal Information that you have provided to us. Web beacons usually are not visible to you. 

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information, although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. The only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Gaulden Monuments uses cookies to track user traffic patterns and our advertising system delivers a one-time cookie to better track ad impressions and click rates. You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. 

You may also "opt out" of receiving some third-party interest-based advertisements by following the instructions at www.aboutads.info/choices or www.networkadvertising.org/choices. (An "opt-out cookie" will be placed on your computer indicating that you do not want to receive interest-based advertisements. If you delete cookies on your computer, you will need to opt-out again.) 

Opting out of receiving interest-based advertisements through the links above does not mean you will no longer see digital advertisements from Wayfair or our ad management partners; rather, opting out means that most of the digital advertisements that you do see will not be based on your particular interests. In addition, certain data collection tools on the Service (including cookies) still may collect information about your use of the Service, such as for analytics and fraud prevention

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a "Do Not Track" ("DNT") or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser's user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many digital service operators, including Wayfair, do not recognize or respond to DNT signals. 

6) Use of Information

Gaulden Monuments uses any information voluntarily given by our users to enhance their experience in our network of Sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users. Except as specified in this Privacy Policy, Gaulden Monuments does not rent, sell, trade or disclose your Personal Information to third parties without your prior consent. Gaulden Monuments may, however, use, process and disclose Personal Information to: 

• send      information to customers about orders;
• fulfill      your orders;
• process      and collect your payments;
• administer      customer loyalty programs;
• send      you promotional marketing material about Gaulden Monuments’ company and      partners;
• customize,      analyze, adjust and improve the Service to better meet your needs;
• execute      a sweepstakes, contest or other promotion;
• enforce      Gaulden Monuments’ agreements with you;
• provide      you with important administrative information regarding the Service, such      as changes to this Privacy Policy, our Terms of Use, rewards and loyalty      programs, and other policies;
• prevent      fraud and other prohibited or illegal activities; and
• comply      with potential requests of law enforcement or data protection agencies.

When possible, Online Information may be combined and/or linked to other Personal Information that you provided to us, in accordance with the purposes specified above. 

We may use your deidentified Personal Information and Online Information to prepare anonymized, aggregated data about our users ("Anonymized Data"). When we use tracking information to determine which areas of our Sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users, but we don't track which terms a particular user enters. Gaulden Monuments creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don't track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user, except to comply with applicable law, valid legal process, or to protect the personal safety of our users or the public.

7) Third Party Service Providers

Gaulden Monuments employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, sending postal mail and e-mail, serving ads on our behalf, providing search results and links, and processing credit card payments. These third-party service providers have access to Personal Information needed to perform their functions (such as giving your email address to FedEx so that they can inform you if there is a problem with delivery) but may not use it for any other purpose.  

8) Social Media Access

Gaulden Monuments may engage with its current and prospective customers on multiple Internet Marketing Channels/social media services (e.g., Facebook, LinkedIn and Twitter). If you contact us on one of our Internet Marketing Channels, request customer service via social media, or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Policy as well as the privacy policy of the social media platform you use. In addition, if you choose to access, link to, or log-in to our Websites or Internet Marketing Channels or otherwise communicate with us through a third-party social media service, you are granting us permission to access and use the information that you post or store on the applicable social media service in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. You further acknowledge that, by accessing or logging into our Websites or Internet Marketing Channels via a social media service, any information you provide to us may also become accessible to that service, subject to that service’s privacy policy. For additional information and more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service. We do not control, and are not responsible for, the privacy practices of such services. You should consult the privacy policy of such services for additional information.

9) Third Party Features

The Service also may include an activity feed, social media buttons and widgets, such as the Facebook "Like" button or the "Share This" button. These features may collect and display your Personal Information, your IP address, and the page you are visiting on the Service and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on the Service, and your interactions with them are governed by the privacy policy of the third party that provides the feature. 

10) Using the Site via Mobile Devise

If you use the Site through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. You may at any time prevent the Site from using your location by turning this option off at the device level.

11)  Third Party Links

We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them

12) Acquisition of Gaulden Monuments

In the event that a store, division, or part or all of Gaulden Monuments (or the assets of a Gaulden Monuments affiliated entity) is bought, sold, or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets. 

13) Blogs, Reviews and Forums

The Service also may from time to time offer publicly-accessible blogs, customer reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personal Information from blogs, customer reviews or forums, please contact us here. Please note that in some cases we may be unable to remove your Personal Information. 

14) Sharing of the Information

Gaulden Monuments uses the above-described information to tailor our content to suit your needs and to better understand our audience's demographics. This is essential to keeping our service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

15) Security

We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Site (including the software, applications and services provided on the Site) available to you agree to protect personal information that they must access in order to serve you and to honor your preferences about contacts you receive. 

When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Sites, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select "Properties".) These secure SSL-encrypted pages have URLs that start with "https://" instead of "http://". 

Please understand, however, that it is possible for third parties to access information despite our efforts. Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section. 

If you have any questions about security of the Site, please contact us here.

16) Opt-Out Policy

If you tell us that you do not want us to use your Personal Information to contact you, Gaulden Monuments will respect your wishes. We give users options wherever necessary and practical. Such choices include:

• Opting      not to register to receive our electronic newsletters.
• Opting      not to participate in certain interactive areas, which completely      alleviates the need to gather any personally identifiable information from      our users.

You may choose to invite someone else to use the Service by providing his or her name and email address. We may use this information to send invitations to such individuals, to track the results of such invitation referrals, and to confirm qualifying orders attributable to your registered account. Anyone who receives an email invitation to use the Service may opt out of receiving such emails in the future by following the opt-out instructions in the email. We take commercially reasonable steps to implement all opt-out requests promptly, but those who opt out may still receive communications from us as we process the opt-out request, or as required for order processing and other purposes. 

You may also instruct Gaulden Monuments to stop sending you emails, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email. Gaulden Monuments may, however, continue to use your Personal Information to contact you to service your account or as otherwise authorized by law. Please note that if you use more than one name or e-mail address when communicating with Gaulden Monuments or using the Service, you may continue to receive communications from Gaulden Monuments to any name and/or email address not specified in your opt-out request. If you would like to modify or delete your Personal Information, please contact us here with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly. 

17) Retention of Personal Information

Gaulden Monuments retains Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by applicable law. 

18) Visitors from Outside of the United States

The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy. 

19) Right to Removal of Posted Information – California Minors

If you are under 18 years of age, reside in California, and have a registered account with Gaulden Monuments, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact Gaulden Monuments as provided below. Upon receiving such a request, Gaulden Monuments will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.

20)  Your California Privacy Rights

This Privacy Policy describes how we may share your information for marketing purposes. You may contact us here with any questions and, to the extent applicable, to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose.

21) Changes to our Privacy Policy

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the "Last Updated" date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the Service. Your continued use of the Service after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy and security policies. If you object to any modification, your sole recourse is to stop using the Service. 

22) Questions About our Privacy Policy 

If you have questions about this Privacy Policy or the Sites generally, please contact us here.

Gaulden Monuments

Terms of Use

Gaulden Monuments, Inc. and/or its affiliates (collectively "Gaulden Monuments” “Us”, “Our” or “We”) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms and Conditions (“Terms or “Terms of Use”). Visitors to our Sites are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES. YOUR ACCESS AND/OR USE OF A SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS A SITE. These Terms of Use constitute an agreement between Gaulden Monuments and you. We recommend that you print out a copy of these Terms of Use for your records. 

Please note that these Terms and Conditions contain provisions that govern the resolution of claims between Gaulden Monuments and you. Please see the Legal Disputes and Arbitration (section 15 herein) for complete details. 

1. Effective Date 

These Terms are effective as of the date set forth above. Gaulden Monuments reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use. 

We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this webpage. 

2. Additional Terms 

Certain provisions of these Terms may be superseded by expressly designated legal notices, rules or other terms located on particular pages of a Site (the "Additional Terms"), including contests, sweepstakes, promotions, or other similar features, and the terms of our mobile application or product Sites. Your use of such pages or download or use of our mobile application, registration for an account, or use of event Sites we host on behalf of other organizations confirms your unconditional acceptance of the Additional Terms. If these Terms conflict with such Additional Terms, such Additional Terms shall govern and apply to your use of that portion of a Site; however, the arbitration provisions of these Terms shall apply to the Additional Terms. Use of our mobile applications are also subject to the terms of the separate license agreements for such Sites as found on such Sites and may be subject to separate terms or conditions entered into by the applicable organization, which are in addition to these Terms.

3. Privacy & Security

Our Privacy Policy applies to your access and use of the Sites, including any personal information provided via the Sites or via any other aspect of the Sites. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. 

Information security is important to us. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Gaulden Monuments does, however, reserve the right at all times to disclose any information as Gaulden Monuments deems necessary to satisfy any applicable law, regulation, legal process or governmental request. 

4. Use of the Sites and License 

The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.

5. Restrictions on Use of the Site 

You agree that you will access and use the Sites only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not: 

a) Gain access, or attempt to gain access, to any portion of a Site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;

b) Create or maintain any link from another website to any page on a Site without Gaulden Monument’s prior written permission;

c) Run or display a Site (or any material on a Site) in frames or through similar means on another site, application or location, without Gaulden Monument’s prior written permission;

d) Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;

e) Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process to access, copy, retrieve, monitor, mirror, reproduce or index a Site, or any portion of a Site;

f) Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts;

g) Create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of a Site, or otherwise interfere with users' enjoyment of a Site;

h) Transmit or upload to a Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of a Site or adversely affect a user;

i) Take any action that imposes, in our sole discretion, an unreasonable or disproportionately large load on a Site or the IT infrastructure used to operate a Site;

j) Submit or post to a Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use a Site to transfer, communicate or store illegal material;

k) Scan or test the vulnerability of a Site or any network connected to a Site;

l) Access or use a Site or any User Content (as defined below) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or

m) Attack a Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

6. Pricing and Content

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by Gaulden Monuments, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Gaulden Monuments. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain dimensions, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Sites is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and We cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Sites.

7. User-Generated Content 

From time to time, the Sites permit the submission of content, such as comments, suggestions, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or idea that you submit to or post or publish on the Sites is non-confidential and non-proprietary. 

By submitting User Content, you represent and warrant to Gaulden Monuments that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party, or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize Gaulden Monuments to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Gaulden Monuments’ Acceptable Use Policy set forth below. 

As between you and Gaulden Monuments, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Gaulden Monuments, you hereby grant to Gaulden Monuments a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other use or media) your User Content, in whole or in part, including future rights that Gaulden Monuments (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use. 

Gaulden Monuments does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Gaulden Monuments reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Gaulden Monuments has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. Gaulden Monuments takes no responsibility for User Content. 

8. Acceptable Use Policy 

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Gaulden Monuments all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Gaulden Monuments ; (iv) impersonate any person or entity, including but not limited to, a representative of Gaulden Monuments , or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. 

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Gaulden Monuments reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations. 

9.  Disclaimer of Warranties 

Gaulden Monuments intends for the information and data contained in the Sites to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, GAULDEN MONUMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 

NEITHER GAULDEN MONUMENTS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT-OF-DATE AND NEITHER GAULDEN MONUMENTS NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAULDEN MONUMENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GAULDEN MONUMENTS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

10.  Limitation on Liability 

We do not assume any responsibility and shall not be liable for any damages to, or viruses or other harmful or malicious code, that may infect or affect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of a Site, linking to a third party site, or your downloading of any materials or information from a Site, and We will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.

IN NO EVENT WILL GAULDEN MONUMENTS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND GAULDEN MONUMENTS. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH A SITE, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
 

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.

11.  Copyright Policy

This Copyright Policy describes Gaulden Monuments policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on https://gauldenmonuments.com/  or related domains (collectively, the "Site"). 

Notification of Alleged Copyright Infringement 

If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Gaulden Monuments a written notification pursuant to the Digital Millennium Copyright Act of 1998 (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)), and request that the material be removed or that access to it be blocked. 

Your DMCA Notice must contain:

a) Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them; 

b) Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material; 

c)  Your name, address, telephone number and email address (if available); 

d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf; 

e) A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and 

f) A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

You must submit any notification of an alleged copyright infringement to Gaulden Monuments’ Copyright Agent at the law firm of Nosal & Jeter,LLP by mail or email as set forth below: 

Gaulden Monuments Copyright Agent
Attn: Peter John Nosal

Nosal & Jeter, LLP

852 Gold Hill Rd., Ste 201

Fort Mill, SC 29708

Email: info@nosaljeterlaw.com (please reference "Gaulden Monuments DMCA Notice") 

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright. 

12.  Counter-Notice

If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Gaulden Monuments’ Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following: 

a) Your physical or electronic signature;

b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; 

d) Your name, address, telephone number and email address; 

e)  A statement that you consent to the jurisdiction of the Federal District Court in Columbia, South Carolina; and

f) A statement that you will accept service of process from the person who provided notification of the alleged infringement.

You may submit your counter notification to Gaulden Monuments’ Copyright Agent by mail or email as set forth below: 

Gaulden Monuments Copyright Agent
Attn: Peter John Nosal

Nosal & Jeter, LLP

852 Gold Hill Rd., Ste 201

Fort Mill, SC 29708

Email: info@nosaljeterlaw.com (please reference "Gaulden Monuments DMCA Notice") 

Upon receipt of a counter notice, Gaulden Monuments may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Gaulden Monuments’ sole discretion.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees. 

13.  Indemnity

You agree to defend, indemnify and hold Gaulden Monuments and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites; (ii) your violation of these Terms of Use; or (iii) your violation of any rights of another user. 

14.  Choice of Law and Jurisdiction. 

Initial Dispute Resolution. 

We are available by email at __________________ to address any concerns you may have regarding your use of the Sites. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Any matter and/or dispute relating in any way to your visit to or interaction with a Site, including compliance with these Terms, which is not so resolved, shall be submitted to binding confidential arbitration as provided in Section 15 (herein).

Choice of Law and Courts for Non-Arbitrated Disputes 

Unless expressly addressed in the Additional Terms, these Terms supersede any other agreement between you and Gaulden Monuments to the extent necessary to resolve any inconsistency or ambiguity between them. The Sites are administered by Gaulden Monuments from its offices in South Carolina. Notwithstanding the arbitration provisions in Section 15, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of the State of South Carolina or the United States District Court for the District of South Carolina, and you consent to exclusive personal jurisdiction and venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

15. Legal Disputes and Arbitration

YOU AND GAULDEN MONUMENTS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. 

Any dispute between you and Gaulden Monuments , its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Gaulden Monuments’) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advanced written notice of its intent to file for arbitration. Gaulden Monuments will provide such notice by e-mail to your e-mail address on file with Gaulden Monuments and you must provide such notice by mail or e-mail to Gaulden Monuments general counsel as set forth below: 

 Attn: Peter John Nosal

Nosal & Jeter, LLP

852 Gold Hill Rd., Ste 201

Fort Mill, SC 29708

Email: info@nosaljeterlaw.com (please reference "Gaulden Monuments Arbitration Notice") 

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference, unless in-person appearances are requested by you or Gaulden Monuments and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Gaulden Monuments, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Gaulden Monuments and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Gaulden Monuments nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of South Carolina.

16. Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis.

17. Third Party Links

From time to time, a Site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Gaulden Monuments. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Gaulden Monuments . If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES USING LINKS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK.

18.  Admissibility 

A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.  Waiver and Severability

No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

20.  Entire Agreement 

These Terms and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and Gaulden Monuments with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

21.  Termination 

You or Gaulden Monuments may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Gaulden Monuments reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

22. General Information

The Terms are not assignable, transferable or sublicensable by you except with Gaulden Monuments prior written consent. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Gaulden Monuments’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Gaulden Monuments’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Gaulden Monuments with respect to such use. The parties agree that all correspondence relating to these Terms of Use must be written in the English language. 

23.  Violations 

Please report any violations of these Terms of Use to the system administrator here.

24.  Questions? 

If you have questions, comments or complaints about these Terms or the Sites, please contact us here. (please reference "Questions about the Sites").