PARTINGSTONE.COM TERMS OF SERVICE
(Last Revised: October 3rd, 2024)
1. YOUR ACCEPTANCE
Please read these Terms of Service ("Terms"), including the binding arbitration provision contained in Section 16, carefully before accessing or using any part of www.partingstone.com or any other website (collectively, the “Website”) owned or operated by Parting Stone Inc ("PSI", "we", "us", or "our"). By accessing, browsing, or using the Website, or by purchasing one of our products, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated by reference), and any other agreement between you and PSI, including any distributor terms. If you do not agree with these Terms, you are not authorized to use this website. These Terms govern your use of the Website, any content (such as information, software, text, displays, data, images, and audio content) that PSI may make available through the Website ("Content") and any services that PSI may provide through the Website (the "Services"), including but not limited to the transformation of cremated remains of a beloved person or animal (the “Remains”) into solidified remains (“Solidified Remains”). The Website, Content, and Services shall be referred to collectively as the "Site" or the "PSI Site".
This Site provides information about PSI 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 PSI and the Purchasing User.
2. PARTING STONE PROMISE
In connection with a purchase of our products and services, we hereby make the following covenants and warranties:
Return to Ash/Refund Guarantee. If for any reason you are not satisfied with the solidified Remains created by our Service, provided you return us 100% of such solidified Remains, we will return the Remains to ash and refund your purchase price, less applicable shipping expenses. You may request a full refund at any point within one year of receiving the solidified remains and including during the wait period before you receive the collection kit.
100% Individual Batch Processing. We will never mix Remains – each order is processed individually.
Step by Step Process Tracking. We track each order digitally. Our customers will receive emails at designated steps throughout the process, including transportation and solidification.
3. PROCEDURE FOR ORDER
Upon completion of your payment transaction, we will send a Remains collection kit to the address specified in your order. Depending on backlog, this can take up to three months from your purchase date.
Once we receive the Remains, we will process them in our laboratory.
4. CANCELLATION/TERMINATION
PSI may refuse a Purchasing User’s purchase in its discretion. PSI may terminate a purchase with or without cause at any time prior to PSI’s commencement of the solidification process in which the Remains are solidified. If PSI 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 PSI’s possession.
5. ACKNOWLEDGEMENTS
Purchasing User hereby expressly acknowledges and agrees that: (a) the Purchasing User sends the Remains to PSI at Purchasing User’s own risk, and risk of loss with respect to such Remains shall be on the Purchasing User until such Remains are delivered to PSI at 9 Plaza la Prensa, Santa Fe, NM 87507; (b) PSI 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 PSI; (d) Purchasing User is responsible for notifying PSI of any changes in address from the address set forth in the purchase order form (including for any designated contingent beneficiary, if included), and PSI will not be responsible for any Remains or Solidified Remains sent to an incorrect address due to a Purchasing User’s failure to notify PSI of such change; (e) title and risk of loss with respect to the Solidified Remains shall transfer to Purchasing User upon making such Solidified Remains available to common carrier or other shipment at and from 9 Plaza la Prensa, Santa Fe, NM 87507; (f) while PSI 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, PSI 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 PSI cannot and does not ensure the exact color or shape of the Solidified Remains due to the personal nature of the Remains being used; and (h) PSI 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.
Additionally, by purchasing any of our products or services, you are granting PSI a limited, non-exclusive, royalty-free, worldwide license to use photographs and images of any Solidified Remains in connection with the Purchasing User’s purchase of PSI’s products and services, including any name, image, and likeness rights that may be related under applicable law in connection with the Solidified Remains, and provided that such images do not identify the Purchasing User or any party affiliated with the Solidified Remains (“Solidified Remains Images”), solely for the purposes of: (i) providing the products and services to the Purchasing User; (ii) marketing, promotional materials, training materials, and educational content, including for other Users; and (iii) any other purpose agreed by the Purchasing User. This license includes the right to reproduce, distribute, publicly display, and create derivative works of the Solidified Remains Images in any media format now known or hereafter developed, for use in advertising campaigns, online media, printed materials, training programs, and other related purposes. Further, the Purchasing User agrees that PSI has no obligation to provide notice, prior or otherwise, when using the Solidified Remains Images. The Purchasing User may terminate this license at any time by providing ten (10) days’ written notice to PSI at 9 Plaza la Prensa, Santa Fe, NM 87507, provided that unless required by applicable law, such termination shall only apply to newly created materials using the Solidified Remains Images, and PSI shall have no obligations to modify, destroy, or rescind any materials using the Solidified Remains Images developed prior to the termination of such license.
6. REPRESENTATIONS AND WARRANTIES; OTHER MATTERS
User hereby represents and warrants to PSI that: (a) User is authorized to obtain, transport and provide PSI the Remains in order for PSI to provide the Services, including transformation of the Remains into Solidified Remains; (b) Purchasing User has all necessary rights, power, and authority to grant any rights and perform any obligations under these Terms; and (c) 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 PSI the irrevocable and perpetual right to take possession of and use the Remains for the purpose of providing the Services, and PSI may rely on this Section.
7. NATURALLY OCCURRING VARIATIONS; HANDMADE PROCESS.
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.
8. GRANT OF RIGHTS
PSI 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 PSI’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. PSI reserves all rights not expressly granted by these Terms.
9. PERMITTED USE; RESTRICTIONS ON USE
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 PSI 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 PSI is prohibited and may be actionable under the law.
If you are using the Site for commercial purposes, including as an authorized wholesaler or distributor, you are required to enter into PSI’s Distributor Terms, hereby incorporated (“Distributor Terms”). As an authorized wholesaler or distributor, you will be required to create an account on the Site. Please contact us at support@partingstone.com to create an account and you will be provided a copy of the Distributor Terms during when you create an account. In addition to any other rights PSI may have, PSI reserves the right to refuse any order and restrict any user if it has reason to believe a user is using the site for commercial purposes without agreeing to the Distributor Terms, whether the circumvention of such Distributor Terms is intentional or not, or other authorization of PSI. In the event of any conflict between the Distributor Terms and these Terms, the Distributor Terms shall control.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent that local laws are applicable. PSI does not represent that the use of the Site is appropriate outside the United States of America. PSI reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time, in its sole discretion. Please see our Privacy Policy regarding Users located in and/or personal data originating in the European Union.
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. PSI 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 PSI 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 PSI 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: (a) 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; (b) 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; (c) intercept or attempt to intercept any electronic message not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Site any advertisements or solicitations of business; (f) restrict or inhibit the use of the Site by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including email addresses and other personally identifiable information) without their consent; (i) 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); (j) post "spam", transmit chain letters, or engage in other similar activities; or (k) engage in any other conduct that restricts or inhibits anyone's use of the Site, or which, as determined by PSI in its discretion, may harm PSI, Users or expose either of them to liability.
10. COPYRIGHT RESTRICTIONS; USE OF CONTENT
The entire contents of the Site (including all Content) and the design, selection, and arrangement thereof, are proprietary to PSI 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 PSI 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 PSI. PSI 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 PSI 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.
11. TRADEMARKS
PARTING STONE is a trademark of PSI. The terms "Parting Stone,” Parting Stone Inc and all related names, logos, product and service names, designs and slogans are service marks of PSI. You may not use such marks without the prior written permission of PSI for any purpose, including, without limitation, in any advertising or publicity, or otherwise to indicate PSI’s sponsorship of or affiliation with any product or service.
12. LIABILITY OF PSI AND ITS AFFILIATES
PSI 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. PSI 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 PSI ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER PSI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, OR AGENTS, NOR ANY PERSON ASSOCIATED WITH PSI 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 PSI, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS, NOR ANY PERSON ASSOCIATED WITH PSI 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. PSI 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 PARTING STONE PRODUCED BY THE SERVICES MAY VARY AND PSI PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE PARTING STONE 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 SIGNFICANTLY, FROM ACTUAL PRODUCTS PRODUCED AND/OR RECEIVED.
IN NO EVENT WILL PSI 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:
● DIRECT,
● INDIRECT,
● INCIDENTAL,
● SPECIAL,
● CONSEQUENTIAL, OR
● PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM ANY PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM:
● DELAY,
● COMPUTER OR OTHER EQUIPMENT FAILURE,
● INTERRUPTION IN SERVICE,
● LOSS OF DATA,
● LOSS OR DAMAGE OF REMAINS,
● VIRUSES,
● DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, CONTENT, OR SERVICES,
● DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION OF EITHER PSI OR ANY USER;
● ACTS OR OMMISSIONS OF ANY THIRD PARTY (INCLUDING ANY OTHER USER); OR
● VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER).
WHETHER OR NOT, IN ANY CASE, THERE IS NEGLIGENCE BY PSI OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS, AND WHETHER OR NOT PSI OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL PSI'S TOTAL LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE PAID FOR SOLIDIFIED REMAINS IN THE APPLICABLE ORDER.
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 PSI's liability to you shall be the minimum permitted under applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PSI and its officers, directors, employees, shareholders, 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 account, 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 PSI to the GDPR; (iii) other violation of the intellectual property rights of PSI or any third party; or (iv) violation of any applicable, law or regulation.
14. PRIVACY; PROTECTION OF PERSONAL INFORMATION
PSI's use of your personal information and your responsibilities in connection with protecting your privacy are described in the PSI Privacy Policy, which is incorporated by reference into these Terms.
15. CONTACT
Please contact us at info@partingstone.com 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.
16. GENERAL
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PSI 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 PSI 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 PSI 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 PSI without restriction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement. These Terms, along with the Privacy Policy and any other terms expressly incorporated by reference herein, are the sole agreements with respect to the subject matter hereof and except as expressly set forth herein, supersedes all other agreements and understandings between PSI and a User with respect to the same.
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. PSI’s failure to exercise or delay in exercising any right, power or remedy under these Terms shall not operate as a waiver; nor shall PSI’s single or partial exercise of any right, power or remedy preclude any other or further exercise by PSI 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 PSI in order to implement fully these terms, and to consummate the transactions contemplated hereby.
