Terms of Use
Introduction
These Terms of Use (“Terms”) are effective as of November 5, 2020.
Please read and understand. These Terms set forth important details about your relationship with Lakewood sites, LLC (dba MonuWiz)‚ including the rights you grant to MonuWiz‚ restrictions on how you can use this web site or mobile application.
This web site or mobile application (the “Site”) is owned and operated by MonuWiz LLC. on behalf of itself and for its subsidiaries and affiliates (collectively‚ “Lakewood Sites‚” “We” or “Us”). By accessing‚ using‚ or purchasing merchandise from the Site‚ you agree to be bound by these Terms. All visitors to and users of any aspects of the Site (collectively‚ “You“ or “Users”) are bound by these Terms.
MonuWiz reserves the right to make changes to this Site‚ our policies and these Terms at any time. All changes are effective upon posting. By accessing‚ signing in or registering to use the Site‚ you accept all the provisions of these Terms. If you are unwilling to be bound by these Terms‚ you should not access‚ use‚ register for‚ or purchase merchandise from the Site.
All materials contained on this web site including text, images, user interface, intellectual property and graphic design are copyright ©2020 MonuWiz, Lakewood Sites LLC, and is protected by U. S. and international copyright laws and treaties.
No material may be downloaded, copied or modified from this site for any reason.
Under no circumstances may any material obtained from this site be redistributed, in whole or in part, in printed or electronic form unless specifically authorized in writing from MonuWiz.
All images and photographs are original and generated by MonuWiz and are the property of MonuWiz.
All images and photographs are computer-generated images and are intended as a visual representation only.
The Site is not targeted towards or intended for use by anyone that has no legal right to place a monument in the cemetery or is under the age of 18. By using the Site‚ you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age‚ do not access‚ use‚ register or purchase merchandise on the Site.
Changes to the site
You agree and understand that the Site‚ including any and all features available via the Site‚ may be modified by us‚ in our sole discretion‚ at any time without prior notice. Unless expressly stated otherwise‚ any new features‚ new services‚ enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms. We reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms.
Use of the Site/License/Services
Subject to your compliance with these Terms‚ MonuWiz grants you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of the Site. This license grant does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the Site.
You may not use‚ frame or utilize framing techniques to enclose any MonuWiz trademark‚ service-mark, logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without MonuWiz's express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing a MonuWiz name‚ trademark‚ or product name without MonuWiz's express written consent.
Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws‚ trademark laws, and communications regulations and statutes. Violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Site include purchasing goods or services from the Site for personal use‚ not for resale.
In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss of any nature whatsoever arising from use of the Site. You expressly agree that you bear any and all risks associated with your use of the Site.
Ownership
As between you and us‚ the Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ service-marks and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights‚ title or interest in or to any copyright‚ trademark, service-mark or other proprietary right of ours or any of our licensors.
Disclaimer
You expressly agree that your use of the site‚ information‚ advice ‚ services‚ products‚ and other materials contained in or described on the site‚ is entirely at your own risk‚ and that all such information and materials are provided on an “as is” and “as available” basis. to the full extent permissible by applicable law‚ we make no‚ and hereby disclaim all‚ representations or warranties of any kind‚ express or implied‚ as to the availability‚ operation and/or use of the site‚ including but not limited to any content provided via the site‚ and all other content‚ services‚ products‚ and other information and materials contained in or described on the site‚ including but not limited to‚ warranties of merchant ability‚ fees‚ and non-infringement‚ and implied warranties arising from course of dealing or course of performance. Certain state laws do not allow limitations on the length of an implied warranty. To the extent any such state law applies to you‚ the limitation described herein may not apply to you.
Limitation on Liability
In no event shall MonuWiz or their respective affiliates‚ or the shareholders‚ directors‚ officers‚ members‚ managers‚ employees‚ agents or representatives of any of the foregoing‚ be liable to you or any third party for damages of any kind (including‚ but not limited to‚ any direct‚ indirect‚ special‚ punitive‚ incidental or consequential damages or damages for loss of profits‚ goodwill or revenue‚ business interruption‚ or loss of data) arising out of the use of‚ access to‚ reliance on‚ unavailability of‚ inability to use‚ or improper use of the site‚ including but not limited to any reviews‚ advice‚ services‚ products‚ and other information and materials contained in or described on site‚ or the disclosure or misuse of any user’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein.
Indemnity
You agree to indemnify and hold MonuWiz and its affiliates‚ licensors‚ directors‚ officers‚ members‚ managers‚ 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‚ arising out of or related to (i) your access to the Site‚ (ii) your use of the Site‚ (iii) your use or distribution of any User Content‚ (iv) your violation of these Terms of Use‚ (v) any use of your User ID or password by you or any third party‚ or (vi) the infringement or other violation by you‚ or any third party using your account or User ID or password‚ of any intellectual property or other right of any person or entity.
MonuWiz charges sales tax for merchandise ordered on the MonuWiz Site based on the New Jersey state sales tax rate when applicable. If the order is being sent to a different state, check with that state tax regulations.
Restrictions
MonuWiz reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in selected cemetery or society is restricted or prohibited.
Limitations on Quantity
To properly serve all customers‚ MonuWiz reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. MonuWiz further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the MonuWiz site is expressly prohibited. MonuWiz reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Colors
MonuWiz may display images or photographs for products sold through a MonuWiz Site. MonuWiz attempts to display the colors of the products shown on the MonuWiz Site as accurately as possible. However‚ we cannot guarantee that the color you see matches the product color‚ as the display color depends‚ in part‚ upon the device visual interface setting or monitor used by you. Granite is a natural material and color shades may vary.
Pricing
Pricing errors may occur on the site. We attempt to correct all pricing errors as soon as they are discovered‚ or as soon as we receives notice of an error. We reserve the right to cancel any orders containing pricing errors‚ with no further obligations to you‚ even after your receipt of an order confirmation from us. Any payments you make to us for orders that are canceled due to pricing errors will be refunded. Prices on our web site are believed correct on the date published. We reserve the right to change these prices without notice. Cemetery fees are from the cemetery and may be changed by the cemetery without notice.
All deposits are according to the terms of a Heter Iska
Cancellations
Orders you submit may not be canceled. If a monument is ordered by one who has no legal right to place the monument in the selected cemetery, there will be a “Non-compliant and processing” fee of 15%, as the order will have to be canceled.
Refunds
We are a custom monument company. There are no refunds on monuments or products.
MONUWIZ PRIVACY POLICY
We do not share any information‚ We may change or add to this privacy policy, so we encourage you to review it periodically.
Monument Purchase
By purchasing a monument on MonuWiz.com you acknowledge that you have the legal rights to place this monument in the selected cemetery or are capable of obtaining the necessary signatures from the responsible party if needed.
When purchasing a monument on MonuWiz, we notify you upfront of the cemetery fee. See “cemetery fee and regulations” below. If you do not see a cemetery fee together with your monument choice or at checkout, contact us to ensure price accuracy before completing purchase. In order to purchase and install a monument, appropriate cemetery fees must be paid.
*The MonuWiz monument cost includes delivery and installation of the selected monument to the selected cemetery.
The cemetery fee is a standard fee charges by the cemetery (see “cemetery fee and regulations” bellow)
Some monuments require payment of a society fee only to be obtained after monument purchase. ( see “permit/society fee” below)
Monument Lettering
Monument cost includes a set number of letters. See each product description for amount of letters included in monument cost and the cost of additional letters. Being that people tend to adjust their wording, letter total is to be determined at the time of approval of drawing. Payment for the additional letters, is due upon the approval of drawing.
Delivery and Installation
MonuWiz has all monuments delivered and installed at no additional charge. MonuWiz works to ensure that all memorials sold meet the requirements of the cemeteries in which they are to be installed. It is, however, possible that discrepancies might arise. In case of a discrepancy, we will notify you of your options.
Note: Some cemeteries will require signed paper work in forms of permits and/or foundation orders before allowing a monument to be installed (see “cemetery fees and regulations” below.)
Cemetery Fees & Regulations
Cemeteries have set fees and regulations that must be followed in order to obtain permission to install a monument. The cemetery fee is a standard fee charged by the cemetery. All monument dealers have to charge the same cemetery fees. MonuWiz pays the cemetery the collected cemetery fee. Fees may be changed without notice.
Permit/Society Fee
Prior to installing a monument, cemeteries usually require the plot owner or next of kin to sign a permit form allowing the installing of the monument on the grave.
Cemetery plots may be owned by a society. The society may require the family of the deceased to pay a fee to the society before giving the family the necessary permit allowing the monument to be set.
After purchasing a monument on MonuWiz if there is a society fee related to the specific plot, MonuWiz will assist you and notify you of the fee, accept the fee from you and send it to the society for you at no additional charge. If we are unable to obtain the said society permit, you are responsible to obtain the permit.
Natural Materials
When purchasing a memorial, the purchaser acknowledges that granite is a natural material with variations in color and characteristics. Actual monument color shades may vary from colors of the monuments on our website as seen on purchasers computer, phone or any device. The sizing of material is base on industry standards. Allow for tolerance of up to 1/2”.
Personal Monument Information
It is your responsibility to provide and verify all personal monument information for example but not limited to spelling of all words, accuracy of all dates and on "double monuments" - which side the wording is to be inscribed. Any cost related to corrections after verification remain your responsibility.
Drawings
After purchasing a monument, purchaser will receive a drawing to review for accuracy before the monument is carved. Monument cost includes 75 letters. See “Monument
Purchase” above for additional lettering charge. Drawings are computer-generated images and are intended as a visual representation only. Its purpose is for the verification of names, dates, inscriptions and overall placement of emblems and portraits. The exact appearance and location of letters, scrolls, portraits and emblems may vary between computer-generated printed image and the final product. Production will not begin until the drawing is approved and additional lettering, (if any) is paid for.
Delivery
Delivery time is usually 2-4 weeks after the installation of the cemetery foundation. Delay in receiving signature or wording approval, additional design elements (custom bronze designs, custom designs, portraits, etc.) may extend the delivery time. All memorials are shipped via truck freight.
Orders of any products on our website are contingent upon and subject to strikes, delays, accidents to carriers or other causes beyond our control; Also to rules and regulations of societies and cemeteries.
Winter Deliveries
Some cemeteries will not accept delivery during winter months, especially those in northern states. Snow and ice or frozen ground makes installations impossible. Some installations can not take place until mid-March or early April, and while some cemeteries or installers will allow us to ship early, others will not. They may accept delivery and store the monument but not do the installation until later. Check with your cemetery to see if they have delivery cut-off dates. Be sure to order your monument early on so it is ready to ship as soon as possible.
Limitation Of Liability
In no event will MonuWiz be liable for any direct, indirect, incidental or any other class of damages in connection with your use or attempted use of this web site.
Severability
If any portion of this information is found unenforceable, it shall be considered stricken and the remaining information shall be interpreted as though the unenforceable information was not there.
THE MATERIALS ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.