1) Information We Collect
We collect the following information, including:
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:
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.
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.
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
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
9) Third Party Features
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.
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://".
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:
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
18) Visitors from Outside of the United States
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
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
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
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.
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: firstname.lastname@example.org (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.
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: email@example.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.
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.
Attn: Peter John Nosal
Nosal & Jeter, LLP
852 Gold Hill Rd., Ste 201
Fort Mill, SC 29708
Email: firstname.lastname@example.org (please reference "Gaulden Monuments Arbitration Notice")
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.
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
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
If you have questions, comments or complaints about these Terms or the Sites, please contact us here. (please reference "Questions about the Sites").
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