Eterneva Website Terms of Use

Effective: April 9, 2024

The eterneva.com website is owned and operated by Eterneva, Inc., a Delaware corporation (“Eterneva”, “we”, “our”, or “us”). These Terms of Use (these “Terms”) are intended to make you aware of the terms and conditions for your use of our website and any related content or information (the “Site”). We reserve the right to update and modify these Terms at any time without prior notice. Any modifications to these Terms will be effective immediately upon posting of the updated Terms on the Site. Your continued use of the Site following a notice of updated Terms constitutes your acceptance to be bound by any changes.

PLEASE READ THESE TERMS CAREFULLY.  THESE TERMS FORM A LEGALLY ENFORCEABLE AGREEMENT. BY USING THE SITE, ACCESSING ANY INFORMATION FROM THIS SITE, INCLUDING SUBSCRIBING TO OUR NEWSLETTER, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, SUBSCRIBE TO OUR NEWSLETTER, POST OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE.

1. Site Generally; Prohibited Uses.

  1. Site Generally. At Eterneva, we provide clients with an opportunity to transform the ashes of their loved ones into diamonds. You can use the Site to learn more about Eterneva and our products, including memorial diamonds. However, orders for diamonds and other products are subject to an order and separate terms and conditions specific to that order – not these Terms. These Terms are for the Site. By accessing the Site, you represent and warrant that (i) all information you submit is accurate and truthful and you will maintain the accuracy of such information; and (ii) you are legally permitted to use and access the Site and take full responsibility for your access, selection and use of the Site.
  2. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. You shall not use the Site in any way that (i) is fraudulent, deceptive, threatening, abusive, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or illegal; (ii) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (iii) misrepresents the source or identity of you or any material, information or content you provide; (iv) uploads, installs, constitutes, or embeds malware, virus(es), worm(s), Trojan horse(s), or other harmful content or code, or violates the security of another computer network; (v) impersonates, or falsely indicates a relationship or an affiliation with, any person or entity; (vi) engages in or furthers any fraudulent, abusive, or otherwise illegal activity; (vii) sends or causes the transmission of unauthorized communications, spam, or junk mail; (viii) unleashes manual or automated software, devices, or other processes to “crawl” or “spider” any page or content of the Site; (ix) decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Site; or (x) removes, obscures, or alters any notices or links on the Site or any of the features or tools of the Site.
  3. Newsletter. You are able to sign up for our email newsletter with an email address and/or additional information as may be requested. You may not use a name, email, or phone number of another person or entity with the intent to impersonate that person. You shall provide Eterneva with accurate, complete and updated information. You may unsubscribe from our newsletter by clicking the unsubscribe link provided at the end of the newsletter. Eterneva reserves the right to control its subscriber list, refuse the addition of any new subscriber, and we may discontinue or cease distributing our newsletter to any or all subscribers at our sole discretion.
  4. Communications and Text Messaging. As part of our Site, you may request to receive more information about Eterneva and its products, and you hereby agree that we may contact you via the means you select and those contacts are subject to these Terms, including the following provisions.

    Without limiting the generality of the foregoing, Eterneva offers a mobile messaging program (the “SMS/MMS Program”). The SMS/MMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS/MMS Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the SMS/MMS Program, you agree that this Section and these Terms apply to your participation in the SMS/MMS Program. By participating in the SMS/MMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

    User Opt Out: If you do not wish to continue participating in the SMS/MMS Program, you agree to reply STOP to any mobile message from us in order to opt out of the SMS/MMS Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

    If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the SMS/MMS Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in  the SMS/MMS Program. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

    Program Description: Without limiting the scope of the SMS/MMS Program, users that opt into the SMS/MMS Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

    Cost and Frequency: Message and data rates may apply. The SMS/MMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

    Support Instructions: For support regarding the SMS/MMS Program email us at info@eterneva.com. Please note that the use of this email address is not an acceptable method of opting out. Opt outs must be submitted in accordance with the procedures set forth above.

    MMS Disclosure: The SMS/MMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

    As part of the SMS/MMS Program, you may receive promotional offers from time to time. Such promotional offers may not be combined with other financial offers. To be eligible to make use of such promotional offers, you must be a subscriber at the point of purchase.
  5. Right to Modify. Eterneva reserves the right, in its sole discretion and without prior notice, to change, modify, discontinue, terminate, or suspend all or part of the Site. Eterneva will not be liable if, for any reason, all or any part of the Site is unavailable at any time for any period.

2. Submissions; Content.

  1. Your Submissions. You represent and warrant that (i)all information submitted to us (including all information you submit through our Site) is complete and accurate, and (ii) you have the right to provide us with all such information. You agree not to impersonate any individual or make or provide any misleading, false, or defamatory statements or information. You hereby authorize us to use such information in connection with the Site and to offer products to you, subject to the other provisions of these Terms and ourPrivacy Notice further described in Section 9.1
  2. Content on the Site. “Content” means information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded, or appearing on the Site (collectively, the “Content”).The Content we provide on the Site is not guaranteed to be accurate and may contain errors, omissions, or non-binding estimates. We reserve the right to update and modify such Content.  

3. Intellectual Property; License Grant.

  1. Grant of License. Eterneva grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal use of the Site, including the Content we make available, for the purposes contemplated on the Site. This license does not include any resale or commercial use of the Site or any Content associated with the Site. You may not use the Site or any Content for any illegal purpose.
  2. Eterneva Intellectual Property. Ownership of all right, title, and interest in and to all intellectual property rights (including all registered and unregistered rights granted or applied for, now or hereafter existing, in or related to patent, trademark, service mark, copyright, trade secret rights, or other intellectual property rights) in the Site, and all related Content therein (other than your data and submissions) and shall remain with Eterneva or its licensors. You acquire only the right to use and access the Site pursuant to these Terms, and you do not acquire any ownership rights or title in or to the Site. We may immediately terminate your access to our Site if we believe you are breaching these Terms or not using the Site as authorized.
  3. Site or Product Feedback. In addition to the rights granted in Section 2.1, you also grant Eterneva an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable license to use and commercialize any suggestions, ideas, enhancement requests, feedback, recommendations or other similar information provided by you relating to our Site, products, or business, including feedback on new potential products or improvements to the Site.

4. Term; Termination.

These Terms remain in effect until the earlier of (i) the date which you delete, or we terminate your access to the Site; or (ii) the date we cease making our Site available.

5. Link to Third Party Sites.

The Site may provide links to other websites. We do not endorse, warrant or guarantee the products or services available through any third party offer (or any other third-party products or services advertised on or linked from our Sites), whether or not sponsored, and we are not an agent or broker or otherwise responsible for the activities or policies of those websites. If you elect to use or purchase services or products from any third party or elect to provide, or grant access to, your information to any third party, you and your information are subject to their terms and conditions and privacy policy. We are not responsible for the products and services offered by any third party.

6. Warranty; Disclaimers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE (AND ALL RELATED CONTENT) IS PROVIDED BY US “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN ORDER AND SEPARATE TERMS AND CONDITIONS FOR A DIAMOND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF ETERNEVA, ETERNEVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. ETERNEVA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

7. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND THE SITE IS LIMITED TO DIRECT MONEY DAMAGES, NOT EXCEEDING ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETERNEVA BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUE, LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. LIABILITY RELATING TO ORDERS FOR DIAMONDS OR OTHER PRODUCTS WILL BE SUBJECT TO THE TERMS AND CONDITIONS THEREOF.

8. Indemnification.

You shall indemnify, defend, and hold harmless Eterneva against any and all loss, damage, or expense (including legal fees reasonable incurred in the defense of any claim) incurred by Eterneva as a result of any claim, action, or proceeding arising out of or related to: (i) your use or misuse of the Site, except to the extent caused by Eterneva’s gross negligence, misconduct, or fraud; (ii) your actual or alleged violation of these Terms or applicable law; (iii) your infringement or violation of any intellectual property, proprietary, or privacy rights of any third party; and (iv) injury to person or property arising from acts of negligence, bad faith, willful misconduct or reckless disregard by you relating to these Terms or the Site.

9. General Provisions.

  1. Privacy Notice. For information regarding Eterneva’s treatment of personal information, please review our current Privacy Notice at https://www.eterneva.com/privacy. You agree we can use such information in accordance with such notice and applicable law.
  2. Relationship of the Parties. These Terms does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. You may not bind Eterneva or incur obligations on our behalf.
  3. Assignment. You shall not assign these Terms, or any of the rights or obligations hereunder without the prior written consent of Eterneva. Assignments made in violation of this section will be null and void and of no force or effect. These Terms binds and inures to the benefit of the parties and their respective permitted successors and assigns.
  4. Entire Agreement; Severability. These Terms sets forth the entire and exclusive understanding between you and Eterneva regarding its subject matter and your use of the Site. However, any orders placed in connection with the Site for products (e.g., memorial diamonds) shall be governed by the applicable order and related terms and conditions executed by you and Eterneva. If any provision in these Terms is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of these Terms shall remain unaffected.
  5. Waiver. No waiver by Eterneva of any right or provision under these Terms shall constitute a subsequent or continuing waiver of such right or provision or any other rights or provisions under these Terms. Failure to act or delay in acting by Eterneva shall not constitute a waiver of any right or remedy.
  6. Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions thereof. Any legal proceedings that arise under These Terms shall be brought in state or federal courts located in Travis County, Texas.  
  7. Survival. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
  8. Contact. All inquiries about these Terms may be directed to Eterneva at info@eterneva.com.

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