MemoriTree

Terms of Service

Last Updated: January 7, 2026

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

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and MemoriTree. By creating an account, publishing a memorial, or using any service feature, you acknowledge that you have read, understood, and agree to these terms.

2. Account Management

  • You must be at least 18 years old to create an account.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You agree to notify us immediately of any unauthorized use of your account.

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.
  • Ownership: You retain ownership of content you post but grant us a license to host, display, and distribute it on the platform.
  • Dignity and Positive Representation: You agree to memorialize the deceased in a positive, respectful, and dignified light. You are strictly prohibited from publishing content that exposes private, sensitive, or embarrassing personal details (including but not limited to medical history, financial matters, or family disputes) that could tarnish the reputation of the deceased or cause distress to surviving family members.
  • Prohibited Actions and Non-Disparagement: You may not post illegal, hateful, defamatory, or infringing content. Additionally, you are strictly prohibited from posting any content that is defamatory or derogatory toward MemoriTree, its parent company Albatross Ecommerce LLC, its members, or its employees. We maintain a zero-tolerance policy for harassment or disparagement directed at our staff or the platform.
  • Removal and Enforcement: We reserve the right to remove any content that violates these standards, or to terminate the accounts of users who engage in such behavior, without prior notice.
  • 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. Memorial 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. We do not adjudicate family disputes. However, we reserve the right to freeze, hide, or delete a memorial involved in a dispute until we receive a valid court order or a binding agreement from all parties resolving the issue.

5. 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 on our site infringes your copyright, please provide our Designated Agent with a written notice containing the information required by the DMCA to support@memoritree.com. We reserve the right to remove infringing content and terminate the accounts of repeat infringers.

6. Purchases and Refunds

Transactions for premium services (e.g., Tree Plantings, Flowers) are subject to our Refund Policy. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at our discretion. By placing an order via our Flower Shop, you acknowledge that fulfillment is managed by third-party florists. You agree to contact the fulfilling florist directly for any assistance regarding your order, including delivery inquiries and customer support.

7. Third-Party Services and Partners

Our Service may involve the use of third-party vendors and partners, including but not limited to florists and tree planting organizations, to 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.

8. Intellectual Property

The MemoriTree platform, inclusive of code, design, and logos, is the intellectual property of Albatross Ecommerce LLC. You may not copy, scrape, or reverse-engineer any part of the service.

All memorials, whether authored by MemoriTree or submitted by our community members, are protected content. Any unauthorized reproduction, scraping, crawling, or data mining of this content is strictly prohibited.

9. Termination

  • Right to Terminate: We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Website (including blocking certain IP addresses) to any person for any reason. This includes, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Service or any applicable law or regulation.
  • Conduct Violations: Specifically, we may terminate your account or access immediately if you engage in any behavior that is deemed defamatory, derogatory, or abusive toward MemoriTree, Albatross Ecommerce LLC, or our staff, as outlined in Section 3.
  • Effect of Termination: If we terminate or suspend your account for any reason, 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.
  • 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.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

To the fullest extent permitted by law, MemoriTree shall not be liable for any indirect, incidental, or consequential damages arising from your use of the service. Our total liability shall not exceed the amount you paid to us in the past six months.

12. Indemnification

You agree to indemnify and hold harmless Albatross Ecommerce LLC and its affiliates from any claims, damages, or expenses arising from your use of the site or violation of these Terms.

13. Dispute Resolution and Class Action Waiver

Any dispute arising from these Terms or your use of the Service shall be resolved through binding individual arbitration, rather than in court. YOU SPECIFICALLY WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Changes to Terms

We may modify these Terms at any time. Your continued use of the service after changes constitutes acceptance of the new Terms.

16. 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.

17. Contact Us

If you have any questions about these Terms, please contact us at support@memoritree.com.