Terms of Service | MemoriTree

MemoriTree is owned and operated by Albatross Ecommerce LLC ("we," "us," or "our"). By accessing or using our website and services (collectively, the "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Albatross Ecommerce LLC (doing business as "MemoriTree"). By creating an account, publishing a memorial, contributing content (such as guestbook entries, stories, or photos), purchasing any product or service, or otherwise using any feature of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy, all of which are incorporated herein by reference. These Terms apply to all users of the Service, including visitors who do not create an account but interact with the Service (for example, by posting guestbook entries, subscribing to memorial updates, or browsing memorial pages).

2. Account Management

You must be at least 18 years old to create an account or use the Service.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You agree to provide accurate and current information when creating your account and to update it as necessary.
You agree to notify us immediately of any unauthorized use of your account at support@memoritree.com.
You may not create or use more than one account, and you may not share your account credentials with any third party.

3. User Conduct and Content

Truthful Representation: You agree to provide strictly factual and truthful information regarding the deceased. By creating a memorial, you represent that you have personal knowledge of the deceased or valid authority to act on their behalf. You further represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you upload to the Service, including photographs, videos, and written materials, and that such content does not infringe the intellectual property, privacy, or other rights of any third party.
Content License Grant: You retain all ownership rights to content you upload or post on the Service ("User Content"). By posting User Content, you grant MemoriTree a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, display, reproduce, modify (for formatting, optimization, and display purposes only), and distribute your User Content in connection with operating and providing the Service. This license continues until you delete the specific User Content or your account, except that: (a) content shared in public areas of the Service (such as guestbook entries and stories) may be retained after deletion; (b) copies made for backup or archival purposes may persist for a reasonable period; and (c) if your account is terminated (whether by you or by us), this license shall continue to the extent necessary for MemoriTree to preserve memorials in a read-only state as described in Section 12. This license includes the right to make your User Content available to third-party service providers who assist us in operating the Service (e.g., content delivery networks, hosting providers, backup services).
Contributor Content: If you contribute content to a memorial you did not create (including guestbook entries, stories, photos, or timeline entries), you grant the same license described above. You acknowledge that the memorial owner may moderate, edit, or remove your contributions at their discretion.
Dignity and Respectful Representation: You agree to memorialize the deceased in a respectful and dignified light. While we understand that life stories can be complex and may include sensitive topics (such as struggles with addiction or mental health), you are strictly prohibited from sharing such details with the malicious intent to shame, harass, degrade, or tarnish the reputation of the deceased or cause distress to surviving family members.
Prohibited Actions: You may not post illegal, hateful, defamatory, or infringing content. This includes a strict prohibition against defamation (false statements of fact), harassment, threats, and doxxing directed at any individual or entity, including MemoriTree staff. We maintain a zero-tolerance policy for harassment, threats, or malicious attacks. You further agree not to: (a) interfere with or disrupt the Service or its infrastructure; (b) attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service; (c) exploit any vulnerability, bug, or security weakness in the Service; or (d) use the Service in any manner that could damage, disable, overburden, or impair the Service.
Absolute Content Discretion: MemoriTree reserves the right, in its sole and absolute discretion, to review, refuse, monitor, remove, or unpublish any content or memorial page at any time, for any reason or for no reason, and without prior notice or explanation. We assume no liability for any removed content and have no obligation to provide a reason for our moderation decisions. Content moderation may be performed using automated systems.
No General File Storage: The Service is intended solely for the preservation of memories, stories, and tributes related to the deceased. You may not use a memorial page as a remote file storage system, data repository, or content delivery network (CDN) for unrelated files. MemoriTree reserves the right, in its sole discretion, to determine if a memorial's storage usage is excessive or abusive and may limit, throttle, or remove content accordingly.
No Automated Data Collection: You agree not to access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission. You agree not to violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.

4. Notable and Editorially Created Memorials

In addition to user-created memorials, MemoriTree publishes editorially created memorials for notable public figures ("Notable Memorials"). The following terms apply specifically to Notable Memorials:

Nature and Purpose: Notable Memorials are created and maintained by the MemoriTree editorial team for the purpose of respectfully commemorating the lives and achievements of individuals who have made notable contributions to public life. Content for Notable Memorials is compiled from publicly available sources, including but not limited to news articles, public records, published obituaries, encyclopedic sources, and other third-party materials. Content is editorially reviewed prior to publication.
No Affiliation or Endorsement: MemoriTree is not affiliated with, endorsed by, or authorized by the family, estate, heirs, or representatives of any individual featured in a Notable Memorial. The existence of a Notable Memorial does not imply any relationship, sponsorship, or endorsement between MemoriTree and the featured individual's family or estate.
Accuracy Disclaimer: While MemoriTree strives for factual accuracy, Notable Memorials are compiled from third-party sources and biographical information may not always be accurate, complete, or current. MemoriTree does not warrant the accuracy, completeness, reliability, or currentness of any information contained in Notable Memorials.
Commemorative Purpose: Notable Memorials serve an informational and commemorative purpose. They are not created for the purpose of exploiting the name, image, likeness, or identity of any individual for commercial advantage, and are not used as vehicles for third-party advertising.
Photos and Media: Photographs and media displayed on Notable Memorials are sourced from publicly available materials and are used for informational and commemorative purposes. If you are the copyright holder of any photo or media used on a Notable Memorial, you may request its removal by contacting us at support@memoritree.com (see also Section 7, DMCA Copyright Policy).
Correction and Removal Requests: Authorized family members, estate representatives, or legal representatives of an individual featured in a Notable Memorial may request corrections to, or removal of, a Notable Memorial by contacting support@memoritree.com. Requests should include reasonable documentation establishing the requester's relationship to the deceased (e.g., a death certificate, estate documentation, power of attorney, or legal representative authorization). MemoriTree will make commercially reasonable efforts to review and respond to valid requests in a timely manner. MemoriTree retains final editorial discretion regarding Notable Memorial content and publication decisions.
Claiming a Notable Memorial: MemoriTree may offer family members and authorized individuals the ability to "claim" a Notable Memorial, which grants administrative control over the page. By claiming a Notable Memorial, you certify that you have a genuine personal connection to the deceased individual and accept full responsibility for any content you add or modify after the claim. Claiming a Notable Memorial does not confer ownership of any editorially created content. MemoriTree reserves the right to revoke a claim if it determines the claimant does not have a legitimate connection to the deceased.
Third-Party Interactions: Third parties (including family members and estate representatives) who interact with Notable Memorials — including by submitting guestbook entries, stories, correction requests, or claims — agree to be bound by these Terms.
Editorial Content Ownership: For the avoidance of doubt, editorially created content on Notable Memorials is authored by MemoriTree and is not "User Content" subject to the user content license in Section 3. MemoriTree retains all rights, title, and interest in editorially created content.
Limitation of Liability for Notable Memorials: To the fullest extent permitted by applicable law, MemoriTree shall not be liable for any claims, damages, or causes of action arising from or related to the content of Notable Memorials, including but not limited to claims of inaccuracy, defamation, invasion of privacy, right of publicity violations, misappropriation of likeness, or emotional distress. MemoriTree's total aggregate liability for any and all claims related to a Notable Memorial shall not exceed one hundred U.S. dollars ($100.00), except to the extent such claims arise from MemoriTree's gross negligence or willful misconduct.

5. Editorial Tools and Technology

MemoriTree uses computational tools and technologies to assist our editorial team in various aspects of the Service. By using the Service, you acknowledge and agree to the following:

Technology-Assisted Features: The Service uses computational tools to assist with obituary drafting, memorial content creation, content moderation, blog and article creation, image analysis, and other features. Content produced with the assistance of these tools may contain inaccuracies or omissions inherent in third-party source material. All published content undergoes editorial review.
User-Initiated Drafting Features: When you use assisted drafting features (such as the obituary writer), you are solely responsible for reviewing, verifying, and approving any output before it is published. MemoriTree does not guarantee the accuracy, appropriateness, or completeness of drafted content, and you assume all responsibility for content you choose to publish.
Editorially Created Content: For Notable Memorials and other editorially created content, MemoriTree reviews content prior to publication. While we strive for accuracy, MemoriTree does not warrant the accuracy of biographical information compiled from third-party sources and disclaims liability for errors or inaccuracies, as set forth in Section 4 and Section 13.
No Reliance: Biographical content compiled from third-party sources is provided for informational and commemorative purposes. MemoriTree is not liable for any decisions, actions, or omissions made in reliance on such content.
Changes to Features: Editorial tools and features may be modified, improved, or replaced at any time without notice, as these are operational changes that do not affect your rights under these Terms. If we discontinue a user-facing feature entirely, we will provide reasonable notice where practicable.

6. Memorial Disputes and Collaboration

6.1 Memorial Ownership Disputes

In the event of a dispute regarding the administration or content of a memorial page (e.g., conflicts between family members), MemoriTree considers the account creator to be the primary owner of the memorial, unless a court order, estate documentation, or notarized agreement establishes otherwise. MemoriTree does not adjudicate family or estate disputes. However, we reserve the right to freeze, hide, or remove a memorial involved in a dispute at our sole discretion until we receive:

A valid court order directing specific action;
A notarized agreement signed by all conflicting parties; or
Official documentation from an estate executor or administrator resolving the dispute.

In cases where the account creator is not a family member, an authorized estate representative may submit a verified request to assume control of the memorial. MemoriTree will evaluate such requests on a case-by-case basis, but is under no obligation to transfer ownership.

6.2 Memorial Collaboration

Memorial owners may invite collaborators to contribute to a memorial. Collaborators are assigned roles (such as Admin or Editor) by the memorial owner. The memorial owner retains ultimate control and may remove collaborators or revoke access at any time. Content contributed by a collaborator remains subject to the license granted in Section 3 even if the collaborator is subsequently removed. MemoriTree does not mediate disputes between memorial owners and collaborators.

7. DMCA Copyright Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that content hosted on our Service infringes your copyright, you may submit a notification to our Designated Agent with the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., a URL);
Your contact information, including your name, address, telephone number, and email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Agent: DMCA notices should be sent to support@memoritree.com with the subject line "DMCA Takedown Notice."

Counter-Notification: If you believe your content was wrongfully removed pursuant to a DMCA notice, you may submit a counter-notification to our Designated Agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in your judicial district and will accept service of process from the person who provided the original DMCA notification. Upon receipt of a valid counter-notification, we will forward it to the complaining party and may restore the removed content within 10–14 business days unless the complaining party notifies us that it has filed a court action.

Repeat Infringers: It is our policy to terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances. We may also, in our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Purchases, Subscriptions, and Refunds

Transactions: Transactions for products and services (including but not limited to Tree Plantings, Flowers, and memorial creation fees, if applicable) are processed through third-party payment processors (currently Stripe and PayPal). By making a purchase, you agree to the terms and privacy policies of the applicable payment processor.
Pricing: All prices are listed in U.S. dollars unless otherwise stated. Prices are subject to change without prior notice. We reserve the right to refuse or cancel orders at our discretion, including in cases of pricing errors.
Flower Orders: By placing an order through our Flower Shop, you acknowledge that fulfillment is managed by third-party florists. MemoriTree will assist with inquiries and facilitate resolutions for order issues; however, the third-party florist retains ultimate responsibility for fulfillment, delivery timing, and product quality.
Tree Planting: Tree planting orders are fulfilled by third-party environmental organizations. Once a tree planting order has been submitted for fulfillment, it is considered an executed service and is non-refundable. In the rare event that fulfillment cannot be completed, MemoriTree will make reasonable efforts to arrange an alternative fulfillment or issue a refund at its discretion.
Subscriptions: If you purchase a subscription, it will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. Refunds are not provided for partial billing periods.
Refund Policy: All purchases are subject to our Refund Policy. Refund requests must be submitted within thirty (30) days of the original purchase date.

9. Third-Party Services and Partners

Our Service may involve the use of third-party vendors and partners, including but not limited to florists, tree planting organizations, payment processors, technology providers, email delivery services, and analytics platforms, to operate the Service and fulfill certain requests. MemoriTree acts solely as a platform to facilitate these connections. We do not control, endorse, or assume responsibility for any product, service, action, or omission of these third parties. You agree that MemoriTree shall not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on our Service.

10. Email Communications

By creating an account or subscribing to memorial updates, you consent to receive emails from MemoriTree, including:

Transactional emails: Account confirmations, password resets, purchase receipts, and order updates. These are essential to the Service and cannot be opted out of while your account is active.
Memorial digest emails: If you subscribe to updates for a specific memorial, you will receive periodic emails about new guestbook entries, stories, and other activity on that memorial. You may unsubscribe from memorial digests at any time using the unsubscribe link in each email or through your account settings.
Promotional emails: We may occasionally send promotional or informational emails. You may opt out of promotional emails at any time by following the unsubscribe instructions in each email.

11. Intellectual Property

The MemoriTree platform, including its source code, design, logos, trademarks, and all editorially created content, is the intellectual property of Albatross Ecommerce LLC. You may not copy, reproduce, scrape, crawl, data-mine, or reverse-engineer any part of the Service without our express written permission.

All memorials, whether authored by MemoriTree or submitted by our users and community members, are protected content. Any unauthorized reproduction, scraping, crawling, or data mining of memorial content is strictly prohibited and may result in legal action.

12. Termination

Right to Terminate: We reserve the right, in our sole discretion, to deny access to and use of the Service (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or any applicable law or regulation.
Conduct Violations: We may terminate your account or access immediately if you engage in any behavior that is deemed defamatory, harassing, abusive, fraudulent, or otherwise in violation of these Terms, including the conduct standards outlined in Section 3.
Effect of Termination: If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Data Access After Termination: Upon termination of your account for any reason, MemoriTree will make commercially reasonable efforts to provide a thirty (30) day grace period during which you may request an export of your User Content by contacting support@memoritree.com. After this grace period, we are under no obligation to retain or provide access to your content. Memorials may be preserved in a read-only state at MemoriTree's discretion even after account termination. Content contributed by third parties (such as guestbook entries and stories) is not included in user data exports. This grace period does not apply to accounts terminated for violations of applicable law or for conduct involving harassment, threats, or abuse.
Legal Action: In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Finality: All decisions regarding account termination for conduct violations are final and at the sole discretion of MemoriTree.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALBATROSS ECOMMERCE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "MEMORITREE PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE MEMORITREE PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) ANY CONTENT, INCLUDING EDITORIALLY CREATED CONTENT AND NOTABLE MEMORIAL CONTENT, WILL BE ACCURATE, COMPLETE, OR FREE FROM ERRORS; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MEMORITREE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by applicable law, MemoriTree's total aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of: (a) the total amount you have paid to MemoriTree in the six (6) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

Without limiting the foregoing, MemoriTree shall not be liable for: (i) any claims arising from the content of editorially created Notable Memorials, including claims of inaccuracy, defamation, invasion of privacy, right of publicity, misappropriation of likeness, or emotional distress; (ii) any claims arising from content produced with the assistance of computational tools; (iii) the acts or omissions of third-party service providers, including florists and tree planting organizations; or (iv) any loss or corruption of User Content, except to the extent caused by our willful misconduct.

The limitations in this section do not apply to liability arising from MemoriTree's gross negligence or willful misconduct, or to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Albatross Ecommerce LLC and its officers, directors, employees, agents, and affiliates (the "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) any claim that your User Content infringes or misappropriates the intellectual property, privacy, or publicity rights of a third party. This indemnification obligation extends to any claims brought by or on behalf of individuals featured in memorials (including Notable Memorials), their estates, family members, or representatives, to the extent such claims arise from your content or actions.

16. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

Informal Resolution First: Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@memoritree.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.
Binding Arbitration: If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in the State of Delaware or, at your election, may be conducted remotely (by phone, video, or based on written submissions).
Arbitration Fees: Each party shall be responsible for its own arbitration costs and fees as allocated by the AAA Consumer Arbitration Rules. If the AAA Consumer Arbitration Rules require MemoriTree to pay certain filing or administrative fees, we will do so as required by those rules.
Small Claims Court Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
Class Action and Jury Trial Waiver: YOU AND MEMORITREE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. YOU SPECIFICALLY WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class, collective, or representative proceeding.
Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to support@memoritree.com within thirty (30) days of creating your account. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, the remaining provisions of these Terms will continue to apply.
Survival: This arbitration agreement shall survive the termination of your account and these Terms.

17. Governing Law

These Terms, and any dispute arising out of or relating to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware.

18. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes — including modifications to the arbitration clause, limitation of liability, content licensing terms, or pricing — we will provide at least thirty (30) days' advance notice via email to your registered account address or through a prominent notice on the Service, except where a shorter notice period is required to comply with applicable law or to address an immediate security or legal concern. Non-material changes (such as corrections of typographical errors or formatting) may take effect immediately upon posting.

If you disagree with any material changes, you may close your account before the effective date of the new Terms. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. Previous versions of the Terms will be made available upon request.

19. Force Majeure

MemoriTree shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers. During any such event, our obligations under these Terms will be suspended for the duration of the event.

20. Service Continuity

MemoriTree is committed to preserving the memorials entrusted to our platform. While we intend to operate the Service indefinitely, we cannot guarantee perpetual availability. In the event that MemoriTree ceases operations or substantially discontinues the Service, we will make commercially reasonable efforts to: (a) provide advance notice to account holders via email where feasible; and (b) make User Content available for download or export where technically and financially practicable. MemoriTree shall not be liable for any loss of data or content following the cessation of the Service. This section does not create an obligation to continue operating the Service or to maintain infrastructure beyond what is commercially feasible.

21. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and the Refund Policy, constitute the entire agreement between you and MemoriTree regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver: The failure of MemoriTree to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MemoriTree.
Assignment: MemoriTree may assign or transfer its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Survival: The following sections shall survive any termination or expiration of these Terms: Section 3 (Content License Grant), Section 4 (Notable Memorials), Section 5 (Editorial Tools and Technology), Section 7 (DMCA), Section 11 (Intellectual Property), Section 12 (Termination — Data Access After Termination), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution and Arbitration), Section 17 (Governing Law), Section 20 (Service Continuity), and this Section 21.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
No Third-Party Beneficiaries: These Terms are for the benefit of you and MemoriTree only. No third party shall have any right to enforce any provision of these Terms, except as expressly provided herein.

22. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@memoritree.com

Operator: Albatross Ecommerce LLC