TERMS AND CONDITIONS

By using this website and by purchasing any of the services and products of Markers and Headstones, LLC (hereinafter, “M&H”), you are agreeing to be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”).

M&H reserves the right to update and change the Terms and Conditions from time to time without notice.   Continued use of the website after any such changes shall constitute your consent to such changes.  You can review the most current version of the Terms and Conditions at any time at:

https://markersandheadstones.com/pages/terms-conditions-privacy-policy

Order Placement. You represent and warrant that you are at least eighteen (18) years of age if you are placing an order to purchase products; (ii) M&H’s acknowledgement of an order is not acceptance of an order and M&H may reject or cancel an order at any time; (iii) you must provide a valid and authorized payment information and agree that M&H may charge the selected method of payment at the time of your transaction; (iv) you will pay all charges and losses incurred in connection with your purchase of products, including shipping fees, if applicable; (v) you will pay all applicable taxes; and (vi) if M&H does not receive payment from your payment card issuer, you will pay all amounts due upon demand.

Pricing and Shipping. Product pricing includes shipping (to the lower 48 states only) and additional shipping costs (to Alaska or Hawaii) will be as reflected on the website. Prices posted on the website are subject to change at any time without notice to you. M&H may offer rush or expedited production services for an additional charge. Prices on the website are in U.S. dollars for U.S. purchasers only; a shipping surcharge will be applied to shipments to Alaska or Hawaii. Expedited shipping may be available and fees will vary depending on distance, time and location. All purchases are subject to applicable taxes to be paid by the purchaser. You acknowledge and agree that shipping delays are out the control of M&H. For example, our shipping carrier could temporarily delay delivery of your order due to unavoidable circumstances, such as inclement weather, a natural disaster, a vehicle issue, or labor shortage. If you specify that a product should be shipped directly to a third-party cemetery you hereby represent and warrant that you have advised the cemetery of the direct shipment to ensure that the delivery is not rejected, that the cemetery understands the carrier’s shipping policies, and further you acknowledge and agree that the address that you provided for shipment is accurate and complete. You acknowledge and agree that natural stone gravestones, markers and headstones are heavy and oversized products. M&H carriers offer curbside delivery only; you will be responsible for moving the product to storage and/or its ultimate placement destination.

No Cancellations or Refunds; Returns. ALL SALES ARE FINAL. Because products are customized, once you place an order, you may not cancel your order or return your product except as otherwise set forth herein. Items that are damaged during shipment will be replaced free of charge; provided, however, that you notify us of the damage within 24 hours of delivery. Items that are incorrect due to the fault of M&H will be replaced free of charge. Please review your order upon delivery and notify us within 24 hours of mis-engraved items. See Paragraph 8 relating to your responsibility to verify the accuracy of engraved terms.

Product Availability. We cannot guarantee that any product listed on the website will be in stock or remain available. We reserve the right to discontinue offering any product at any time, in our sole discretion. In the event a product is not available at the time you place your order, we will send you a notice via email and cancel your order for the unavailable product. You acknowledge and agree there may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, M&H will not be liable for these inaccuracies, omissions, or errors. M&H will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. M&H does not claim that the information on the website is appropriate for or applicable to your jurisdiction or that the products described on the website will be available for purchase in all jurisdictions.

No Placement or Installation of Products. M&H manufactures, engraves, sells and offers for delivery custom gravestones, markers and headstones. You understand that M&H does not offer installation or other marker placement services. You are responsible for the proper installation of the marker or headstone. You further acknowledge and agree that M&H’s marker products are intended for flat placement; vertical installation of a marker is not recommended as it could fall and break. Improper installation of custom upright headstones could also result in the stone’s fall and breakage. M&H is not responsible for damage to a product once delivered, and is further not responsible for any death or injury caused by improper installation or placements of products.

Materials Appropriate for Intended Use. M&H sells gravestones, markers and headstones in a variety of materials. Some cemeteries do not permit the use of certain materials, therefore you acknowledge and agree that it is your responsibility to ensure that your material choice is permitted in the cemetery where you intend to place the stone product.

Natural Products. Products made from natural materials (marble, granite, stone, etc.) have natural variations. Marble has veining and marbling and can vary in color. Granite and stone have natural variations in color, veining and appearance. As a result, you should expect variations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture and appearance variations. If you order a sample, the sample product may vary in color to the actual product for various reasons, including natural variations. You should also understand that your computer monitor’s display of any product may not be accurate. Additionally, because the gravestone, marker or headstone will be subjected to the natural environmental elements, you acknowledge that stone and engraving may change appearance after exposure to sun, salt, wind and/or precipitation.

Engraving and Custom Products. Prior to placing an order for a customized or engraved gravestone, marker or headstone, you must review the text and content of your submission thoroughly for accuracy. Orders are printed and engraved in their “as submitted” form and you are solely and fully responsible for any text or content you submit as well as final proofing. M&H does not proof or pre-screen content and is not responsible for misspelled or mis-designed submissions. We reserve the right to reject orders and submissions that do not meet M&H policies or requirements. Our production of a product depicting the text or content you submit does not indicate that we approve the text or content. Profane, offensive, libelous, infringing or objectionable words, phrases or content will not be honored and M&H may refuse to accept such content.

Intellectual Property. By placing a custom order, you certify that you possess the lawful right to use all text and content submitted in your custom order and authorize M&H to copy, print and use said text and content to customize the product in the quantities requested. You represent and warrant that your submission does not infringe or violate any copyright, trademark, or other intellectual property or proprietary right of a third party or constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or publicity. We reserve the right (but have no obligation) to request confirmation from you in writing of your rights to or permission with respect to any text or content you submit with your order.

Production and Shipping. Production and shipping times are estimates only.

Disclaimer of Warranties. M&H SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability. M&H IS NOT LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, DOWNTIME, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL M&H LIABILITY EXCEED REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Indemnification. You agree to defend, indemnify and hold harmless M&H and its affiliates, members, managers, employees and agents, and waive and release all such parties from all claims, causes of action, suits, allegations, liabilities, expenses, injuries, losses and damages incurred or suffered by M&H arising out of or based on any claim or threatened claim based on your use of or access to the website, your violation or breach of any of these Terms and Conditions, or any violation of any intellectual property rights of any third party.

Miscellaneous Terms.

• Force Majeure. M&H is not liable for any delay in providing any products or materials hereunder, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, general supply chain issues, shipping delays, civil or military authority, pandemic, epidemic, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond M&H’s reasonable control or acts of God.
• Governing Law and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Arizona, without regard to the principles of conflicts of law, except to the extent those laws are preempted by federal law. The proper venue for any proceeding at law or in equity will be Maricopa County, Arizona, and the parties waive any right to object to the venue.
• Attorneys’ Fees. The prevailing party in any dispute regarding this Agreement shall be entitled to receive, in addition to any other remedy or award, reasonable attorneys’ fees and costs incurred in the enforcement of its rights under this Agreement.
• Successors and Assigns. You may not assign your rights hereunder to a third party.
• Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable for any reason any other or others of them may be invalid or unenforceable in whole or in part.

Contact; Legal Notices. If you have any questions or comments about the Terms and Conditions you may contact us at by email at info@markersandheadstones.com or by phone at 1-800-775-0089. Legal notices should be sent to us in writing with delivery confirmation to the following address: Markers and Headstones, LLC, 7235 E. Hampton Ave., Suite 111, Mesa, Arizona 85209.

 

Revised: June 27, 2022.

 

 

Privacy Policy

Markers and Headstones, LLC (the “Company”) is committed to protecting the privacy of your information.  Company may be referred to as “we”, “us” and/or “our.”  This Privacy Policy discloses what information we collect from you and your end users (“End Users”) through our website or mobile application platforms and how we use it.

California Notice of Collection of Personal Information: We collect personal information below under “Information We Collect” for the purpose described below under “Use of Information for Business Purposes.” To learn more about your California privacy rights, including your right to opt out of the sale of your personal information, please scroll down to “Your California Privacy Rights.”

Information We Collect

Contact and Purchase Information. We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and may collect personally identifiable information volunteered by you when you request a quote for our products.  The types of information that may be volunteered by you and collected include your name, organization information, address, email address, phone numbers, and credit card information. We also may collect information concerning a deceased individual’s name, birth date and date of death for the purposes of offering our products and services to you. Financial information is processed through the Shopify platform.

Site Usage and Device Information. We may also collect certain information about your computer hardware and software, including, without limitation, your IP address, your Internet Service Provider, browser type, operating system, domain name, access times and referring Website addresses, your email address, and your passwords. We may also collect information about your mobile devices, including your cell phone or other mobile device number and model, and your cellular carrier. We may also collect information about which pages you visit on our Website.

Location Information. We may collect information about your location, which may including your precise geolocation or zip code.

Customer Service and Feedback. We may collect information from you when you request support or information from us, provide feedback or reviews about your experience with us or our products, or otherwise communicate with or contact us.

HOW WE COLLECT INFORMATION

Direct Collection of Information from You. We collect information when you interact with our services team, for example, when you submit your information through our “Contact Us” form or when you request a quotation for products and services from our website.

Cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser that enables the sites or service providers’ systems to recognize your browser and capture and remember certain information.  We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies.  A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time.

Web Beacons. Web beacons (a.k.a. clear gifs) are tiny graphics with a unique identifier, similar in function to cookies, which are used on our website to track online movements of web users and compile aggregated statistics to analyze how our site is used and may be used, in our services, or in our emails.  Our use of Web beacons also includes to count visits and to tell if an email has been opened and acted upon. We do not link the information gathered from web beacons to any personally identifiable information. As is true of most web sites, we gather certain information and store it in log files.  This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exist pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.  We do not link this data to personally identifiable information.

Social Media Widgets. Our web site includes Social Media Features (“Features”), such as the Facebook Like button and Widgets, such as the Twitter button, Share This button, or other interactive mini-programs that run on our site.  These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly.  Features and Widgets are either hosted by a third party or hosted directly on our site.  Your interactions with these Features are governed by the privacy policy of the company providing it.

Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Use of Information FOR BUSINESS PURPOSES

To Provide Products and Services to You. When you request a quotation for products or services, we ask for information such as your name, organization information, email address, billing address and credit card information, as well as a deceased individuals’ name, date of birth and date of death. The Company uses collected information for the following general purposes: provision of products and services, billing, identification and authentication, services improvement, contact, and research.

To Communicate with You. We may use your email address, mailing address and/or phone number provided to us to answer questions we receive from you through the website.  We may use your email address to share updates on the Company’s offerings.  We may text you with alerts and other communication pertaining to your purchase. You may opt-out or unsubscribe from receiving any future mailings at any time.

For Our Business, Technology and Marketing Improvements. We may use non-identifying information for design and development changes to our website, aggregating the information to determine which areas of our website need improvement based on overall traffic to certain pages. We may share non-identifying information with our affiliates. We may use your IP address and information collected from you to help diagnose problems with our server(s), create new functionality and to improve and administer the website.

To Meet our Legal Obligations. We may need to share your information with law enforcement or government agencies in response to a subpoena, state and/or federal audit or as otherwise required by law.

For Our Business Succession Planning. We may transfer information about you if the Company is acquired by or merged with another company.  In this event, the Company will notify you before information about you is transferred and becomes subject to a different privacy policy.

Sharing Information with External Companies and Affiliates. We may share information with external companies and affiliates who perform business, technical, professional or marketing related services for us. We may share information with data analytics vendors or market research companies. We may share information with social media websites in connection with performing services for you.

Other Sharing of Information. We share information as permitted by law and for other reasons we may describe to you.

No Sale of Your Information. We will not sell your personally identifiable information to third parties for the purpose of such third parties’ sending unsolicited offers or advertisements.

Data Security

Data Storage. The information that we collect is stored in our database, which is secured through password authentication. Your information may be stored on our servers and also on servers of companies that we hire to provide services. In each case, information may be stored in the United States and in other countries where we operate, and in countries where our respective service providers operate. We use commercially reasonable efforts to maintain the security of the Website and your information.

Password. If you create a password to access your account information, you should not divulge your password to anyone.  You should change your password often using a combination of letters and numbers, and you should ensure you use a secure web browser. We cannot be responsible for activity that results from your own neglect to safeguard the secrecy of your password. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent unauthorized access. Please notify us as soon as possible if your password is compromised.

Internet Security. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet that our beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.

 

As-Is. Notwithstanding the foregoing, Company provides the Website "as is" without any express or implied warranty of any kind, including warranties of merchantability, reliability, or fitness for a particular purpose.

Third-Party Websites

The Company is not responsible for the privacy practices or policies of any third-party websites that are linked to the website.  We encourage you to read their respective privacy policies prior to providing any personal information at or to such sites.

Children

We do not knowingly collect personal information from children under 16. If we learn that we have collected the personal information of a child under 16 we will take steps to delete the information as soon as possible.

ADDITIONAL JURISDICTION-SPECIFIC RIGHTS

Nevada Residents. While we do not sell your Personal Data, as defined under Nevada law, your Nevada rights permit you to request that we stop selling your personal information (“opt-out”).

California Residents. If you are a resident of California, you have the following rights:

Right of access: You have the right to ask us for the personal information we collect, use, disclose, or may sell about you.

Right to deletion. You have the right to ask us to delete your personal information that we collect. Note that there are certain reasons we will not be able to fully address your request, such as to complete a transaction for you, detect and prevent fraud or illegal activity, to exercise our rights, to use data solely for internal purposes, or to comply with a legal obligation.

Right to opt-out. While we do not sell your personal information, your California rights permit you to request that we stop selling your personal information (“opt-out”).

Mandatory Disclosure. In the past 12 months, we collected identifiers/contact information, characteristics of protected classifications under California or federal law, commercial information, internet or other electronic network activity information, geolocation data, visual or similar information, or inferences drawn from the above. We collected this information from you, advertising networks, data analytics providers, operating systems and platforms, and social networks. We use information for business purposes as described above under “Use of Information for Business Purposes.”  We disclose the following categories of personal information for business purposes: identifiers/contact information, characteristics of protected classifications under California or federal law, commercial information, internet or other electronic network activity information, geolocation data, visual or similar information, or inferences drawn from the above.

Review or Change of Information

To take advantage of any of these rights, or if you have any questions or concerns, please contact us at info@markersandheadstones.com or 1-800-775-0089 to review or change information or email a request to review or change information to info@markersandheadstones.com.

Changes in Privacy Policy

This Privacy Policy may change from time to time to accommodate changes in the website, changes in technology or legal developments.  We will post any changes to the Privacy Policy on the website. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

To report any known or suspected privacy or security breaches or to submit privacy related questions or complaints, please contact us at info@markersandheadstones.com or 1-800-775-0089.

Revised: June 27, 2022.