(Last Revised: September 3, 2019)
This Site provides information about CCD and our products and services, and/or the means to purchase our products. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue use of the Site.
These Terms apply to (i) those users who browse any of our Sites (“Browsing Users”), and (ii) those individuals who purchase one of our Services (“Purchasing User” and collectively with the Browsing Users, the “Users”). Unless expressly provided herein, these Terms apply to all Users.
We reserve the right to revise these Terms or change or remove features of the Site at any time. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee or increase an existing fee for any of our features at any time. If you do not approve of any such changes, you can stop using the Site at any time. We will notify you of any material change to these Terms by updating the "Last Revised" date at the top of this page. Your continued use of the Site means that you accept and agree to be bound by the revised Terms. The Terms in effect at the time of any purchase of our Services will govern such purchase, at which point such Terms may only be amended by the written consent of CCD and the Purchasing User.
In connection with your purchase of Solidified Remains from CCD, we hereby make the following covenants and warranties:
CCD may refuse a Purchasing User’s purchase in its discretion. CCD may terminate a purchase with or without cause at any time prior to CCD’s commencement of the process in which the Remains are solidified. If CCD terminates a User’s purchase, the Purchasing User shall be entitled, as its sole and exclusive remedy, to a refund of the purchase price paid in connection with the purchase as well as a return of the Remains in CCD’s possession.
Purchasing User hereby expressly acknowledges and agrees that (a) the Purchasing User sends the Remains to CCD at Purchasing User’s own risk (b) CCD will not be in possession or control of the Remains at all times; (c) provision of the Services requires transport by common carriers and may also involve services provided by third party subcontractors not under the dominion, exercise or control of CCD; (d) Purchasing User is responsible for notifying CCD of any changes in address from the address set forth in the purchase order form (including for any designated contingent beneficiary, if included), and CCD will not be responsible for any set of Solidified Remains that is sent to an incorrect address due to a Purchasing User’s failure to notify CCD of such change; (e) title and risk of loss with respect to the Solidified Remains shall transfer to Purchasing User upon delivery, (f) while CCD will make commercially reasonable efforts to complete the Services and ship the Solidified Remains to Purchasing User within 12 months from the date of order, CCD shall not be liable for any delay with respect to the Services or delivery of the Solidified Remains; (g), Purchasing User expressly acknowledges and agrees that CCD cannot and does not ensure the exact color, texture, or shape of the Solidified Remains due to the specific material composition of the Remains being used and the nature of the solidification process; and (h) CCD SHALL NOT BE LIABLE FOR ANY MIS-SHIPPED OR LOST MATERIAL DURING TRANSIT, AND PURCHASING USER’S SOLE AND EXCLUSIVE REMEDY FOR MIS-SHIPPED OR LOST MATERIAL DURING TRANSIT SHALL BE RECOVERING UNDER ANY INSURANCE PURCHASED BY PURCHASING USER WITH RESPECT TO THE SHIPMENT.
User hereby represents and warrants to CCD that (i) User is authorized to obtain, transport and provide CCD the Remains in order for CCD to provide the Services, including transformation of the Remains into Solidified Remains, and (ii) these Terms, and the performance of the Services, does not require the consent or approval of any third party and does not violate any agreement, document, order or testamentary or similar instrument. User hereby grants CCD the irrevocable and perpetual right to take possession of and use the Remains for the purpose of providing the Services, and CCD may rely on this Section.
All Solidified Remains are handmade in our lab on demand. As a result, each set of Solidified Remains will be generally similar but will vary in exact sizing, texture, color distribution, and shape. Therefore, these handmade items will not be identical to the images displayed on our Website or in any of our posted videos due to naturally occurring variations. We emphasize, and you hereby acknowledge and agree that any and all variations in sizing, color distribution, color placement and any other characteristics occurring in these products do not, and shall not, constitute a defect in the quality or appearance of the Solidified Remains, and you hereby acknowledge by placing any order with us via the Website that you unconditionally accept such naturally occurring variations.
CCD hereby grants you a limited, nonexclusive and revocable license to use the Site as set forth in these Terms (the “License”), provided that (a) you will not copy or distribute any part of any Site in any medium without CCD’s prior written consent; (b) you will not alter or modify any part of any Site except and permitted by and only as may be reasonably necessary to use the Site for its intended purpose; and (c) you will otherwise comply with all of the provisions of these Terms. CCD reserves all rights not expressly granted by these Terms.
You agree to use the Site only for lawful purposes. The Site is made available for your personal, noncommercial use, except as otherwise expressly authorized by CCD in writing. You agree to abide by any posted limitations relating to use, reproduction, or dissemination of the Site. Any use of the Site in any way not expressly permitted by these Terms or otherwise in a writing signed by CCD is prohibited, and may be actionable under the law.
In consideration of your use of the Site, you represent that you are of an age to form a legal binding contract and you are not prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction. The Site is directed to persons 18 years of age or older. CCD and the Site do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or submit any personally identifiable information to the Site. If you provide information to CCD through the Site, you represent and warrant that you are 18 years of age or older. If you are between 13 and 17 years of age, you may visit, browse, and use the information on the Site, but you may not submit any personal information to the Site, and you represent and warrant to CCD that you have the permission of your parent or guardian to use the Site and that your parent or guardian agrees to these Terms on your behalf.
You agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without appropriate permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept any electronic message not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit the use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses and other personally identifiable information) without their consent; (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post "spam", transmit chain letters, or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use of the Site, or which, as determined by CCD in its discretion, may harm CCD, Users or expose either of them to liability.
The entire contents of the Site (including all Content) and the design, selection, and arrangement thereof, are proprietary to CCD or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the CCD Site for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material on this site, except as necessary to view the Site or with the prior written consent of CCD. CCD reserves all right, title, and interest in and to any of its information, material, Content, software, or Services on this Site. Except as expressly authorized by CCD in writing, you may not reproduce, sell, or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site, or (c) use of this Site or of any Services, software, or Content available through this Site.
PARTING STONE is a trademark of CCD. The terms "Parting Stone”, Chronicle Cremation Designs LLC and all related names, logos, product and service names, designs and slogans are service marks of CCD. You may not use such marks without the prior written permission of CCD for any purpose, including, without limitation, in any advertising or publicity, or otherwise to indicate CCDs sponsorship of or affiliation with any product or service.
CCD and its officers, directors, employees, members, managers and agents do not assume any liability for Content on or available through the Site. Reliance on the Content is solely at your own risk. CCD and its officers, directors, employees, members, managers and agents disclaim any liability for injury or damages resulting from the use of any Content.
THE SITE, CONTENT, SERVICES, AND PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS SITE OR OTHERWISE THROUGH CCD ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER CCD NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH CCD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT, OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER CCD, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS, NOR ANY PERSON ASSOCIATED WITH CCD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS, WARRANTS OR REPRESENTS THAT THE SITE, CONTENT, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE, CONTENT OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CCD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, DUE TO THE NATURE OF THE PROCESSES USED IN CONNECTION WITH SERVICES, THE ACTUAL APPEARANCE AND QUALITY OF THE SOLIDIFIED REMAINS PRODUCED BY THE SERVICES MAY VARY AND CCD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SOLIDIFIED REMAINS OR THE SERVICES WILL MEET USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
USERS ARE HEREBY CAUTIONED THAT THE APPEARANCE OF PRODUCTS ON THE SITES MAY DIFFER, SOMETIMES SIGNIFICANTLY, FROM ACTUAL PRODUCTS PRODUCED AND/OR RECEIVED.
IN NO EVENT WILL CCD OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS OR ANY PERSON ASSOCIATED THEREWITH, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, CONTENT, SERVICES OR ANY LINKED SITE, INCLUDING ANY:
INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ANY PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM:
WHETHER OR NOT, IN ANY CASE, THERE IS NEGLIGENCE BY CCD OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS, AND WHETHER OR NOT CCD OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL CCD'S TOTAL LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE PAID FOR SOLIDIFIED REMAINS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. If, for this reason, any of the above disclaimers or limitations of liability do not apply to you, the scope and duration or any such warranty and the extent of CCD's liability to you shall be the minimum permitted under applicable law.
You agree to indemnify, defend, and hold harmless CCD and its officers, directors, employees, members, managers, agents, affiliates, licensors, subsidiaries, service providers, and other acting in concert with it and such individuals, from and against any and all claims, losses, liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys' fees, fines, penalties, or taxes arising from your (or anyone using your computer, or software) (i) use of the Site, Services, or any products, services, or information obtained from this Site, (ii) violation of these Terms, including without limitation any claims or fines resulting from your unauthorized subjection of CCD to the GDPR; (iii) other violation of the intellectual property rights of CCD or any third party; or (iv) violation of any applicable law or regulation.
Please contact firstname.lastname@example.org if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CCD HAVE AGAINST EACH OTHER ARE RESOLVED.
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Governing Law and Jurisdiction. These Terms and the relationship between you and CCD shall be governed by the laws of the State of New Mexico as they are applied to agreements made, entered into, and intended to be performed entirely in New Mexico by New Mexico residents, regardless of any conflict of law rules. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Santa Fe County, New Mexico, except where the jurisdiction and venue are mandated by applicable law.
Severability/Prohibition Against Assignment. If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of CCD and you; and (c) to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of any section, paragraph or sentence of these Terms containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby. The invalidity of a provision, section, paragraph or sentence of these Terms in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CCD without restriction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Binding Effect. These Terms and other documents incorporated herein shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns, as applicable.
Waivers. CCD’s failure to exercise or delay in exercising any right, power or remedy under these Terms shall not operate as a waiver; nor shall CCD’s single or partial exercise of any right, power or remedy preclude any other or further exercise by CCD of that or any other right, power or remedy.
Further Assurances: Purchasing User shall take all such actions and shall execute, acknowledge and deliver all such instruments, assignments, transfers, consents and other documents as may reasonably be requested by CCD in order to implement fully these terms, and to consummate the transactions contemplated hereby.
Authorization to transform cremated remains into Parting Stone™ solidified remains
Thank you for choosing the Parting Stone solidification process. We take great pride in helping you live more comfortably with the remains of your departed. Please take a moment to read our terms and conditions.
What are Parting Stone solidified remains?
Parting Stone solidified remains are the result of our specially developed process offering a more comfortable experience for living with human and pet remains. With our solidification service, instead of keeping a box of ashes you can keep a collection of stones. Parting Stone solidified remains return the full amount of remains in a solid and clean form.
Is every set of solidified remains the same?
Every set of solidified remains is different. The solidification process is a precise science, but each individual set of remains has a unique material composition. The process often returns white stones, a hue of blue or green, or occasionally a radical color variation. The size of the stones in a collection range from thumb-nail up to palm-sized and the texture can also vary from batch to batch. Occasionally a stone may crack or break during the process. All of these instances are natural results and variables of the process and are looked at as unique features of that particular collection of stones. All stones are clean, polished, and uniquely beautiful.
What happens if I do not like my solidified remains?
We are confident that the stones will meet your expectations, but if you are not satisfied, we can reprocess your solidified remains back into an ash-like powder and return it to you. Cremated remains can vary in composition and as a result, on rare occasions, we are unable to solidify the remains. In those cases, your remains will be returned to you in an ash-like powder form.
How do I ship my loved one’s cremated remains to the Parting Stone lab?
We will send you a collection kit that includes everything you need to get the remains safely to the Parting Stone lab. Cremated remains must be shipped via the United States Postal Service (USPS) by Priority Mail Express service. The collection kit will include: the prepaid shipping label, guidelines, and tools for shipping your departed’s cremated remains – however Parting Stone is not responsible for any incorrect packing by yourself or mishandling by the USPS.
What do I do with my departed’s urn?
If your loved one’s remains are in an urn, we suggest working with a local funeral home to transfer the cremated remains from the urn into our collection kit for shipping. Additionally, Parting Stone reserves the right to dispose, according to state law, any containers that we receive holding the cremated remains. Please understand that any container shipped to us will not be returned and may be disposed of.
How much of my loved one’s cremated remains do you need?
Our process transforms the full amount of your loved one’s cremated remains into stones. If you are not in possession of the full amount, or you have already scattered some of the ashes, that is okay. We need a minimum of 1 tablespoon of remains to successfully complete the process. Our process typically yields a 1:1 ratio of cremated remains to stones.
Are any of my departed’s remains lost in the process?
It is our priority to maintain the full-amount of remains throughout the solidification process. Each set of remains performs slightly differently in our process and we take a scientific approach to ensure the highest possible success rate and the most beautiful material. For this reason, we may test a small sample of your decedent’s remains before solidifying the full amount. The resulting test residue guides our process, but it is not returned. Additionally, there are parts of the process that may result in the loss of trace amounts of remains including air-born dust or during the stone polishing .
Okay, we are ready to start the solidification process, what do we do?
Please complete and sign the following document, acknowledging that you have read and understand Parting Stone’s solidification process.
Name of loved one or pet :________________________________________________________
I hereby authorize Parting Stone to transform the cremated remains of the Decedent into solidified remains “stones” in accordance with the terms and conditions described in this Solidification Authorization.
I certify that I hold full legal right and authority to control the transportation and final disposition of the cremated remains of Decedent and that the identity of the cremated remains is as stated above.
I agree to fill the provided collection kit following Parting Stone’s instructions, and I agree that Parting Stone is not responsible for any loss or damage to cremated remains of Decedent that may occur during the transport of said cremated remains from point of origin to Parting Stone or transportation from Parting Stone to final delivery address.
I understand that the cremated remains material varies and that Parting Stone can neither guarantee a final product nor guarantee the appearance of the final product. Additionally, I understand that a small amount of Decedent's remains may not be returned due to the nature of the process. I agree to hold harmless and indemnify Parting Stone and its principals, employees, agents, and affiliates from any claims, demands or damages that may be made arising from the Parting Stone process and product described and authorized herein. I understand and agree that Parting Stone’s solidification of the cremated remains of Decedent is a final and irrevocable act and that once complete the cremated remains will not be recoverable as the original cremated remains, but may be recoverable as solidified cremated remains.
This authorization and the agreements that it constitutes shall be considered in accordance with the laws of the State of New Mexico and any disputes arising hereunder shall be adjudicated in the State of New Mexico.
I hereby acknowledge and accept all terms and conditions set forth above on this date: _________, 20___.
Name: _________________________ Signature: ___________________________________
Email: _________________________ Phone: _____________________________________