Terms of service

OVERVIEW

Welcome to Memorial Urns! The terms "we," "us," and "our" refer to Memorial Urns. Memorial Urns operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the "Services"). Memorial Urns is powered by Shopify, which enables us to provide the Services to you. Memorial Urns is a trade name of Hill Capital Management LLC, Edmonds, Washington.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing details, payment information, and shipping address. You represent and warrant that the information you provide is correct, current, and complete and that you have the necessary rights to provide it.

You are responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every effort to accurately represent our products, including their descriptions, dimensions, materials, finishes, and photographs. However, product colors and appearances may vary depending on your screen settings, lighting, and natural variations in materials such as wood and stone.

We do not warrant that the appearance or quality of any product will meet every subjective expectation or appear identical to its representation online.

Product descriptions and availability may change without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Memorial Urns reserves the right to accept or decline an order at its discretion, subject to applicable law. An order is accepted when we confirm acceptance, following payment processing.

Please review your order carefully before submitting it. Orders can be canceled or changed before engraving begins or the order ships; engraved and personalized items are final sale. See our Refund Policy.

You are responsible for the accuracy of names, dates, and spelling submitted for engraving or personalization; please review any proof carefully before approving.

If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Returns and exchanges are governed by our Refund Policy.

You represent that purchases are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when the order is placed, as reflected in the order confirmation.

Unless otherwise stated, listed prices exclude applicable sales tax and shipping, which are shown at checkout.

Promotional offers may be subject to additional terms. Where promotional terms conflict with these Terms, the specific promotional terms will govern.

You agree to provide accurate and complete payment and account information and to update that information as necessary.

You represent that you are authorized to use the payment method provided and agree to pay all applicable charges associated with your purchase.

SECTION 5 – SHIPPING AND DELIVERY

Shipping charges and available delivery methods are displayed during checkout, where applicable.

Processing and delivery times are estimates and may vary by product, destination, customization requirements, and shipping carrier.

We are not responsible for delays caused by carriers, maker backorders, severe weather, or circumstances outside our reasonable control. Nothing in this section limits rights or remedies available to you under applicable law.

Additional information is available in our Shipping Policy.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including trademarks, branding, text, images, graphics, product reviews, videos, audio, and website design, are owned by Memorial Urns, its affiliates, or its licensors and are protected by applicable intellectual property laws.

You may use the Services for personal, noncommercial purposes. You may not reproduce, distribute, modify, republish, commercially exploit, or otherwise use protected content without the appropriate authorization.

Nothing in these Terms grants you ownership or licensing rights to intellectual property belonging to Memorial Urns, Shopify, or any third party.

The names, logos, designs, and trademarks appearing on the Services remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or services offered by third parties that we do not control.

Such tools are provided on an "as is" and "as available" basis, without warranties or endorsements from us, to the extent permitted by law.

Your use of third-party tools is at your discretion and may be subject to the provider's separate terms and conditions.

Future features, tools, and resources offered through the Services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to third-party websites, services, or resources.

We do not control and are not responsible for the content, accuracy, privacy practices, or policies of third-party websites.

Accessing third-party websites is at your discretion. We encourage you to review their applicable terms and policies before making purchases or sharing personal information.

Questions or complaints about third-party products or services should be directed to the relevant provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Memorial Urns is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Memorial Urns.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Memorial Urns, including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Memorial Urns, to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

Because our Services are hosted by Shopify, Shopify collects and processes information about access to and use of the Services to provide and improve those Services.

Information submitted through our website may be processed by Shopify and other service providers, including providers located outside your country of residence.

Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, reviews, comments, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting the Services.

You represent that you have the rights necessary to submit the Feedback and that it does not violate applicable law or the rights of others.

We are not obligated to maintain Feedback in confidence, provide compensation, or respond to submissions.

We may monitor, edit, or remove Feedback that we determine violates these Terms, applicable law, or the rights of others.

You are responsible for the accuracy and legality of Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct such information, update product details, or cancel affected orders where permitted by applicable law, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws; infringe intellectual property rights; harass, threaten, or harm others; submit false or misleading information; distribute spam or malicious software; impersonate another person; or interfere with the operation or security of the website.

You may not reproduce, extract, resell, or commercially exploit website content without authorization, collect other users' personal information unlawfully, or circumvent security measures.

Unauthorized automated access, scraping, or use of software agents in violation of these Terms is prohibited.

We reserve the right to suspend or terminate access where we reasonably determine these Terms have been violated, subject to applicable law.

SECTION 14 – AGENTS

This section applies to software or services that take autonomous or semi-autonomous actions on behalf of a person or organization ("Agents") when accessing or interacting with our Services.

Agents must identify themselves accurately, comply with applicable access restrictions, and must not misrepresent automated activity as human activity.

We may restrict or limit automated access to our Services.

Agents must identify their automated nature in HTTP or HTTPS requests using a user-agent string containing "Agent/[agent name]."

Agents must not conceal their identity, circumvent CAPTCHAs or security controls, or bypass measures intended to regulate automated access.

SECTION 15 – TERMINATION

We may terminate this agreement or restrict access to the Services in accordance with these Terms and applicable law.

You remain responsible for amounts lawfully owed through the date of termination.

Provisions that by their nature should survive termination—including intellectual property, limitations of liability, indemnification, governing law, and related provisions—will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through the Services is intended for general informational purposes.

Except as expressly stated by Memorial Urns or required by applicable law, the Services and products are provided "as is" and "as available," without warranties or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that access to the Services will be uninterrupted, secure, timely, or error-free.

Some jurisdictions restrict disclaimers of warranties, so portions of this section may not apply to you.

Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Memorial Urns and its affiliates, partners, officers, employees, agents, contractors, service providers, and licensors, together with Shopify and its affiliates, will not be liable for indirect, incidental, punitive, special, or consequential damages arising from use of the Services or products purchased through them, including lost profits, revenue, savings, or data.

Any limitation of liability applies only to the extent permitted by law and does not exclude liability that cannot legally be limited or excluded.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Memorial Urns, Shopify, and their respective affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from your breach of these Terms, violation of applicable law or third-party rights, or misuse of the Services.

We will provide notice of applicable claims and may participate in or control their defense, subject to applicable law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies incorporated by reference, constitute the entire agreement governing your use of the Services and supersede prior agreements or communications relating to that use.

Ambiguities will not automatically be interpreted against the drafting party.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services are governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise.

Any disputes will be subject to the jurisdiction of courts of competent authority, consistent with applicable law.

SECTION 23 – HEADINGS

Section headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

The most current version of these Terms of Service is available on this page.

We may update these Terms by posting revisions to our website. Where required by applicable law, we will notify customers of material changes.

Continued use of the Services after revised Terms become effective constitutes acceptance of those changes to the extent permitted by law.

SMS Terms: Order-Related Text Updates

By opting in, you agree to receive order-related text updates from Memorial Urns, including engraving-proof reminders. These are informational messages, not marketing. Message frequency varies. Message and data rates may apply. For help, reply HELP or contact us through our website’s Contact page. Reply STOP to opt out at any time. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Memorial Urns

Email: shop@memorial-urns.com

Website: memorial-urns.com