Effective 4/1/2022

Acceptance of Terms

This website is owned and operated by OneWorld Memorials, LLC (“OneWorld,” “we” or “us”).  These Terms of Use (“Terms of Use”) set forth the Terms of Use under which you are authorized to use our website (which includes any website on which these Terms of Use are posted, and other sites accessible via subdomains, and mobile versions of any of these sites) (collectively “Website”).

Please read these Terms of Use carefully. By accessing this Website, you agree that you have read and understand these Terms of Use and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by these Terms of Use, please do not continue to use this Website.

Additional Terms

Your use of certain features of our Website may be subject to additional terms. For example, if you purchase a product from us through our Website, it may be subject to our Returns and Refunds policy and our Shipping Policy. We may offer promotions through the Website from time to time, and your participation in these may also be subject to additional terms. To the extent additional terms affect your use of the Website, those terms (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.

Registration

You may browse the Website without registration, but you understand that some features of the Website may not be accessible to you unless you register. In registering for the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) certify that you are at least eighteen (18) years old. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect this, we have the right to suspend or terminate your account and to refuse any further use of the Website by you.

Registration Account and Password

You will use your email and a password to manage your account. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify us of any actual or suspected unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password and account.

Protection of Privacy

Information you give to us about yourself is subject to our Privacy Policy, which is incorporated into these Terms of Use. We encourage you to read and understand our privacy practices before continuing. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Products for Personal Use

All products available on this Website, and any samples thereof, are for personal, non-commercial use only. You may not resell any of the products that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms of Use. If you are a wholesaler or retailer interested in purchasing items in bulk, please visit our partner, North American Urns and Memorials at https://northamericanurns.com/ or call 612-380-0654.

Engraving and Customization Policy

OneWorld Memorials' engraving team reserves the right to refuse or cancel any order that includes text, language, or imagery that we deem to be inappropriate, offensive, derogatory, discriminatory, or otherwise harmful. This includes, but is not limited to, content that is obscene, hateful, threatening, or violates any applicable laws. In such cases, we will notify the customer and offer a refund for the order.

Product Descriptions

OneWorld attempts to be as accurate as possible when describing its products and when depicting these products on this Website. Product colors may look different depending on your computer settings.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, AND SERVICES DESCRIBED THROUGH THE WEBSITE) AND THE PRODUCTS OFFERED FOR SALE ON IT, ONEWORLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT WILL ONEWORLD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE, EVEN IF ONEWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONEWORLD’S ENTIRE LIABILITY FOR ANY PRODUCT SALE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY ONEWORLD FROM SUCH SALE.

OneWorld's Intellectual Property Rights

All content, copyrights and other intellectual property rights in the content available on our Website, including without limitation Website design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by OneWorld, with all rights reserved, or in some cases may be licensed to OneWorld by third parties. This content is protected by the intellectual property rights of OneWorld or those owners. All content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with OneWorld.

Information Sent to Us

We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, our Website, or any other method. We will not compensate you for any submissions that we use. By submitting such materials, you grant OneWorld a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way OneWorld deems appropriate. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials.

User Submitted Content and User Conduct

Any content you have made available to us, whether uploaded, posted, submitted, or otherwise provided to us or on our Website, including without limitation your reviews of products, content from your social media account(s), or any other content which does not originate with us (“User Content”), is your sole responsibility. You represent and warrant that you own any User Content or have permission to provide any User Content that you make available to us. Under no circumstances will OneWorld be liable in any way for any User Content made available on or through our Website.

OneWorld does not claim any copyrights in original works created and/or posted by you. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Website or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.

We may not moderate all product reviews or User Content on certain other areas of our Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.

You agree that you will not use our Website to transmit or make available any content that:

• violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
• infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
• contains any private information about an identifiable person without that person's permission(or in the case of the deceased, the permission of a family member or executor), or any content soliciting any personal or private information from any individual;
• you know or have reason to know is false, misleading, or fraudulent;
• you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• employs any techniques to disguise the origin of the content submitted;
• contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
• incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment; or
• contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use our Website to:

• engage in any conduct which might be harmful to any individual;
• engage in any conduct which is exploitative or disrespectful to friends and family members of the deceased
• impersonate or misrepresent your affiliation with any person or entity;
• engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity; or
• engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation-- including, without limitation, laws and regulations related to the handling of human or animal remains.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Website, servers or networks connected thereto (e.g., using a bot to overload our product review feature). We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Website or prohibit your access to our Website in the event of a violation of these Terms of Use.

If you believe that any content on our Website violates these Terms of Use or is otherwise inappropriate, please report the content by completing the Contact Us form on the applicable site, or send an email to hello@oneworldmemorials.com.

Notification of Claimed Copyright Infringement

In the event that you find content posted on our Website which you believe is an infringement of the copyright ownership or other intellectual property rights of yourself or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement under penalty of perjury that all of the information you have provided is true.

Please send your notice of alleged infringement to us:

By mail:

ATTN: DMCA Agent 
955 W Seminary Ave, St Paul, MN 55104
By email: hello@oneworldmemorials.com

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of our Website by repeat infringers in appropriate circumstances.  We reserve this right for all users, regardless of their geographic location.

INDEMNIFICATION

UNLESS OTHERWISE PROHIBITED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ONEWORLD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR MISUSE OF THIS WEBSITE OR YOUR MISCONDUCT IN CONNECTION THEREWITH IN VIOLATION OF THESE TERMS OF USE.

Links to Other Sites

OneWorld does not make representations or warranties about any website that you may be able to access through this Website. OneWorld does not endorse, monitor or assume any liability for the information provided or activities undertaken by any such website.

Arbitration

Any dispute arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, shall be submitted to confidential, binding arbitration in Minneapolis, Minnesota, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof.  Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Minnesota, USA, or the courts closest thereto, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. 

Governing Laws

The laws of the state of Minnesota and the United States govern these Terms of Use and any claims arising out of or relating to use of the Website, without giving effect to any choice of law rules. We make no representation that our Website are appropriate, legal or available for use in all jurisdictions. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Minnesota, will serve as the venue for any actions brought, or claims made, arising out of your use of our Website.

Changes to these Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Website, without further notice to you. Your continued use of our Website after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of OneWorld. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Website. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding the Website, constitutes the entire agreement between you and OneWorld regarding your use of the Website, and that any other prior agreements between you and OneWorld are superseded by these Terms of Use to the extent applicable. Any failure by OneWorld to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us as follows:

OneWorld Memorials, LLC

Attn: Compliance Department

955 Seminary Ave, Dock 6

Saint Paul, MN 55104

You may also email hello@oneworldmemorials.com or call 833-493-9105

 

Effective Date of these Terms of Use:  4/1/2022