Last Updated 1/17/2025

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Website Access and Acceptance

This website is owned and operated by Living Legacies LLC a South Dakota limited liability company (“Living Legacies”). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to information about our company as well as access to purchase our services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 14 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Commercial Terms

By accepting these Terms at checkout, you (“Beneficiary”) are accepting you have read and agree to all terms and conditions.

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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

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Sales tax is calculated based on the location the tree will be planted. At this time a 4.2% sales tax for the state of South Dakota is added.

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By purchasing an item through our website you are agree to a 3% online payment surcharge. This fee is reflected in the tax portion of you total cart at checkout.

 

Return and Refund Policy

Living Legacies does not accept any returns or requests for refunds. Requests may be made but no guarantee is made for a return to be given.

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Any and all sales or adjustments in sales made due to an error by either the website or by Living Legacies will be eligible for refund or adjustment in a timely manner. Any monetary grievances due to a sales error shall be fixed within thirty (30) days of initial notification of the error. In the case of any issue please use the contact details at the bottom of these terms for communications and initial contact.

 

The Beneficiary acknowledges Living Legacies is seeking enough Beneficiaries to create an initial Living Legacies physical location. If no such location is established, Living Legacies will not perform under this Agreement. If that happens, Living Legacies will refund all monies paid by Beneficiary to Living Legacies.

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Retention of Right to Change Offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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No Rights Conveyed

Nothing in this Agreement grants any right of ownership or lease in any tree, grassland, or in any location in which any tree or grassland is located to Beneficiary, Honoree or any other person or entity

 

Warranties & Responsibility for Services and Products

If a memorial tree  is substantially damaged due to infestation, storm, disease, drought, or fire within three (3) years of the date the tree is planted, Living Legacies will re-plant the tree at no cost. No other replanting or warrantee guarantee exists in these Terms.

 

Ownership of Intellectual Property, Copyrights and Logos

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

Indemnification

You agree to indemnify and hold Living Legacies harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website. Beneficiary’s sole remedy and only damages under this Agreement or in tort related to the Services or these Terms is a refund of the amount paid by Beneficiary to Living Legacies pursuant to these Terms.  

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Living Legacies, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Living Legacies assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Living Legacies understands Beneficiary and others may want to visit the site where a tree or grassland dedicated to Honoree is located. Living Legacies is not liable to Beneficiary or any other person that enters onto any Living Legacies physical location for any reason.

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Exclusive Remedy

Beneficiary’s sole remedy and only damages under these Terms or in tort related to any service or these Terms is a refund of the amount paid by Beneficiary to Living Legacies pursuant to these Terms.  

 

Right to Change and Modify Terms

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional Emails and Content

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. In the case that the Beneficiary opts out of marketing emails and has made a purchase that contains recurring updates on a tree or grassland, the Beneficiary acknowledges that the opt out forfeits their rights to future updates and their rights may only be assumed again through direct contact through customer support.

 

Preference of law and dispute resolution

These Terms and Conditions are the sole agreement between Living Legacies and the Beneficiary and supersedes any prior written or oral statements or agreements. These Terms are governed by the laws of the State of South Dakota. Venue for any action arising out of these Terms shall be in Yankton County, South Dakota. Living Legacies and the Beneficiary are all capable of agreeing to these Terms. These Terms are binding on the heirs and assigns of Living Legacies and the Beneficiary. These Terms may be executed in counterparts.

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Customer Support 

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Mail:

Living Legacies LLC

30656 431st Ave

Tabor, SD 57063

 

Phone: 605-760-1626

Email: Support@LivingLegaciesLLC.com