Online Terms & Conditions
Effective Date: January 1, 2022
This website (the “Website”) is operated by Columbarium by Design, LLC, a Texas limited liability company authorized to conduct business in New Mexico and Colorado d/b/a Eternal Friends Home Niche, The Eternal Niche, The Country Niche and The Garden Niche (“CBD”), and provides online information regarding various products sold and marketed by CBD such as in ground niches, columbarium’s, related products (the “Products”) and plans, pricings, estimates and models of and related to the Products (the “Services”).
These Terms and Conditions are in addition to any other agreements between you and CBD, including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by CBD.
The Website may include or make available certain content (the “Content”). Content includes, without limitation: (1) access to CBD catalog, Product prices, available inventory; (2) quotations for Products and Services; (3) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by CBD, and Marks owned by third-party providers (defined below); (4) any models, plans, renderings, images, 3d images, and any other file, document or information related to a Product or sale of a Product; and (5) any other information, content, services, or software.
Accounts and Registration
You are responsible for all use of your account, including use of your account by other members of your household/business. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms, and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. You are responsible for all use of your account, including unauthorized use by any third-party. As such, you must ensure the security and confidentiality of your password and account. You will not have to reveal it to any CBD representative. Please notify us if you suspect any unauthorized use of your account.
CBD may offer the account holder certain rights, including the right to access information about and delete the account and all associated profiles. You may find information on how to exercise these rights by logging in on the CBD Site and viewing your account details.
Acceptance of Terms and Conditions
Disclaimer and Limitations of Liability
The Content, Website and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, CBD expressly disclaims all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. CBD does not guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service only at your own risk.
CBD does not explicitly or implicitly endorse or approve any third-party content.
CBD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CBD OR ANY THIRD-PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE WEBSITE FOR THE PURCHASE OF PRODUCTS OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
No Recommendations or Investment Advice
You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold CBD or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider websites. Past performance data should not be construed as indicative of future results.
Content posted on the Service is published as of its stated date or, if no date is stated, the date of first posting. CBD may change, alter or remove any content on the Website with or without notice. CBD had not undertaken any duty to update any such information on the Website.
CBD does not prepare, edit, or endorse third-party content. CBD does not guarantee the accuracy, timeliness, completeness or usefulness of third-party content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third-party sites.
You will not hold CBD and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of CBD and/or Third-Party Provider, or iv) non-performance.
Neither CBD nor the third-party providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither CBD nor the third-party providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular catalytic converter.
Content is the sole and exclusive property of CBD and is provided exclusively for personal and noncommercial access and use. No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication, distribution or for any commercial enterprise, without CBD’ express prior written consent. Providing the Content without CBD’ prior written consent to a competitor of CBD or any business, individual or entity that engages in any business or provides any service related to the Products or Services for any reason is expressly forbidden under this Section.
You acknowledge that CBD is the sole owner of CBD Marks, and that other Marks are the property of their respective owners. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners.
Termination; Modification of the Terms and Conditions
You agree that, without notice, CBD may terminate or modify these Terms and Conditions at any time and for any reason or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms and Conditions will terminate immediately without notice from CBD if you, in CBD’ sole discretion, fail to comply with any provision of these Terms and Conditions. CBD shall not be liable to you or any third-party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension.
CBD may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless CBD, and the third-party providers, for any loss or damages arising from or relating to such discontinuation or modification.
Modifications, Returns and Cancellations of Orders
In the event You request modifications to an accepted order within ten (10) days prior to the scheduled shipping date, You shall pay, subject only to the discretion of Eternal Friend and in consideration for accepting such change order, a change order fee equal to five percent (5%) of the U.S. dollar value of that portion of the order which is affected by your change order request or one hundred dollars ($100.00), whichever is greater (the “Change Order Fee”). The Change Order Fee is in addition to any change in price that results from You selecting a different package of Product, lid material, size of niche or any other modification. If You request a modification or change more than ten (10) days prior to the scheduled shipping date, then the Change Order Fee will not apply. Notwithstanding the above, if the order includes, contains or involves any customization, such as, but not limited to, engraved, carved, or specially decorated lids, no change, alteration, modification or refund will be allowed after such customization has begun.
Once an order has been shipped, it is to the sole discretion of CBD to accept changes, cancellations or returns. In the event that CBD accepts changes, cancellations or returns on a shipped order, You shall pay for (a) all the expenses to repackage the Products in accordance to CBD then current guidelines; (b) the cost to ship back the Products to CBD; (c) a 20% restocking fee; and (d) the cost to replace or repair damages to the Products if any.
CBD warrants to the original purchaser of the Products that such Products have been manufactured free from defects in material and workmanship for the Products normal use. CBD obligation under this warranty is limited to the repair or exchange of any part or parts which are defective under normal use and service within sixty (60) months from date of installation by the original purchaser, provided that CBD exams the Products and determines that such Products are in fact defective. This warranty is void if the Products are not installed in accordance with the then existing installation specifications of CBD, if the Products are not operated correctly or have not been reasonably maintained.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART, AND WE NEITHER ASSUME, NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR US, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THIS NATIONAL STOVE. THIS WARRANTY SHALL NOT APPLY TO THIS NATIONAL STOVE OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. WE MAKE NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY US. THE TERM ‘ORIGINAL PURCHASER,” AS USED IN THIS WARRANTY, SHALL BE DEEMED TO MEAN THAT PERSON FOR WHOM THE NATIONAL STOVE IS ORIGINALLY INSTALLED. THIS WARRANTY SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE CONTINENTAL UNITED STATES.
By using the Service or the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and CBD or its representatives or agents.
All communications made at or through the Forums are public. CBD does not screen, review, approve or endorse any third-party content available on or through the Website. Reliance on any third-party content is at your own risk. Without limitation, you agree not to do any of the following:
- a) impersonate any person or entity, including, but not limited to, (i) a CBD or Third-Party Provider manager, employee, agent, or representative or (ii) forum leader, guide or host;
- b) falsely state or otherwise misrepresent your affiliation with any person or entity;
- c) upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- d) upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- e) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
- g) intentionally or unintentionally violate any applicable local, state, national or international law.
CBD and/or the third-party providers may provide links to other websites or resources. Because neither CBD or the third-party providers have any control over such sites and resources, you acknowledge and agree that neither CBD nor the third-party providers are responsible for the availability of such external sites or resources. CBD and the third-party providers do not endorse and are not liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that neither CBD nor the third-party providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
In addition to these Terms and Conditions, your access to and use of the Content and the Service is subject to CBD’ then-current policies relating to the Content and the Service. You agree to be bound by these policies and all other CBD policies applicable to the access and use of the Content and the Service.
By using the Service, you are consenting to have your personal data transferred to and processed by CBD and its affiliates. As part of providing you the Service, CBD may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.
You will indemnify and hold harmless CBD and the third-party providers, and the officers, directors, agents, partners, employees, licensors, distributors, and representatives of CBD from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access, use of, or interaction with the Content (including, without limitation, third-party content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
CBD may at any time revise these Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms and Conditions periodically for changes. The most updated version of this document will be available for your review under the “Terms and Conditions” link that appears on the CBD website and mobile application.
Applicable Law and Venue; Severability
You agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in courts located in El Paso County, Texas, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
CBD Contact Information
You may contact CBD by phone at (877) 764-2437 or by mail at 17301 W. Colfax Avenue Suite 404, Golden, CO 80401.