This Customer Agreement (this “Agreement”) is entered into by and between Eterneva, LLC, a Texas limited liability company (“Eterneva”) and "Customer” on the “Effective Date”. Eterneva and Customer may be referred to herein individually as a “Party” and collectively as the “Parties.”
WHEREAS, Eterneva is a provider of cremation jewelry products described more fully in Section 1 below (the “Products”); and
WHEREAS, Customer desires to engage Eterneva to provide the Products with respect to Customer’s deceased loved one (the “Decedent”) and Eterneva desires to provide such Services, all on the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements, the receipt and sufficiency of which is hereby acknowledged, the parties enter into this Agreement subject to the following terms and conditions:
1. The Products. Subject to the conditions precedent set forth in Section 2 being met, Eterneva shall deliver the ordered Product to Customer including the ashes of Decedent (the “Remains”). The estimated timeframe for the creation of the product will depend on the selection, but will range from one month to 3 months from receipt of the Remains. Eterneva may utilize subcontractors in providing the Products.
2. Conditions Precedent. As a condition precedent to Eterneva’s obligation to provide the Products, Customer must perform the following, in the order listed below:
a. Place the order on Eterneva.com;
b. Remit payment in full;
c. Provide any additional details about the product requested by Eterneva;
d. Return the collection kit sent by Eterneva with the requisite amount of the amount of Decedent’s Remains (as specified in the instructions included with the kit) in the pre-paid USPS Priority Express packaging provided by Eterneva;
3. Refunds. All purchases for Products are non-refundable.
4. Authority. Customer hereby represents and warrants that Customer is authorized to transport and provide Eterneva with custody of the Remains in order for Eterneva to provide the Products, including the inclusion of the Remains into a piece of cremation jewelry. Customer hereby grants Eterneva the irrevocable and perpetual right to take possession of and use the Remains for the purpose or providing the Products.
5. Acknowledgement. Customer acknowledges that Eterneva will not be in possession of or control of the Remains at all times and that provision of the Services requires transport by common carriers and may also involve services provided by third party subcontractors.
6. Release, Waiver and Indemnification. Customer hereby agrees to release, hold harmless, defend and indemnify Eterneva and any of its officers, directors, employees, agents or representatives from any liability, loss or damage, including legal fees and costs and expenses of litigation, that results from or arises out of the Products or other activities carried out pursuant to this Agreement, including, but not limited to, the possession, handling and transformation of the Remains by Eterneva.
7. Limitation of Liability. Eterneva’s aggregate liability for all damages of any kind arising out of or relating to this Agreement or its subject matter shall not exceed the amounts paid to Eterneva under this Agreement.
a. Entire Agreement. This Agreement is the sole agreement with respect to the subject matter hereof and except as expressly set forth herein, supersedes all other agreements and understandings between the Parties with respect to the same.
b. Governing Law and Jurisdiction. This Agreement will be governed by, and construed in accordance with, the substantive laws of the State of Texas, without giving effect to any choice or conflict of law provision. Any action, suit or other proceeding arising under or relating to this Agreement (a “Suit”) shall be brought in a court of competent jurisdiction in Travis County, Texas, and the parties hereby consent to the sole jurisdiction of the state and federal courts in Travis County, Texas.
c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and permitted assigns.
d. Counterparts. The Parties may execute this Agreement in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument.
e. Amendment; Waiver. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each Party or, in the case of waiver, by the Party waiving compliance. The delay or failure of either Party at any time or times to require performance of any provisions hereof shall in no manner affect the rights at a later time to enforce the same. No waiver by either Party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.