Terms and Conditions

Effective Date: 7/1/2024

Updated 09/2025

Welcome to Modern Memorials. These Terms and Conditions (“Terms”) govern your use of our website, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please refrain from using our Services.

Intellectual Property

All content, designs, templates, graphics, text, images, software, elements, data, links, and other materials provided by Modern Memorials (“Company Content”) are the sole property of Modern Memorials, LLC, or our licensors, and are protected by copyright, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the final purchased products solely for personal, non-commercial purposes.

Modern Memorials will own and retain all rights, title, and interest in and to the final custom designs and products we create using those Customer Materials, including funeral programs, social media announcements, welcome signs, and any other custom memorial products (“Custom Designed Products”). Upon full payment for the applicable design services, Modern Memorials grants you a fully-paid, worldwide, non-exclusive license to use the Custom Designed Product for personal, non-commercial purposes.

This license does not transfer any ownership of the underlying design, templates, or creative work created by Modern Memorials. You are not obtaining any intellectual property rights from us in the final Custom Design or Custom Designed Product, other than the personal use license expressly granted above.

Licensing of Company Content & Materials

Unless expressly licensed in writing by Modern Memorials:

You may not copy, reproduce, republish, upload, post, transmit, distribute, sell, license, or create derivative works of any Company Content.

You may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site, designs, or materials for commercial gain, sublicensing, or redistribution.

You may not use our brand names, or proprietary visuals without prior written consent.

Any rights not expressly granted in these Terms are reserved by Modern Memorials.

Unauthorized Alteration & Misrepresentation

Our funeral programs, announcements, signs, designs and digital products are licensed for personal use only. You may not:

Alter, modify, or manipulate our copyrighted designs in a way that misrepresents the original work.

Claim authorship, ownership, or design credit for Company Content.

Remove, obscure, or alter copyright notices, branding, or watermarks.

Reproduce or distribute modified versions of our copyrighted programs without our express permission.

Violations of this section may result in potential legal action.

User Responsibilities

You agree to use our Site and Services ethically and lawfully. You will not:

  • Attempt to access, copy, or distribute Company Content through unauthorized means.
  • Circumvent security measures protecting our intellectual property.
  • Engage in activities that damage, disrupt, or interfere with our Services or reputation.

Third-Party Content & Licenses

Some assets (e.g., fonts, stock images, illustrations) may be licensed from third parties. Your use of such assets is subject to the terms provided by those licensors. You agree to comply with all applicable third-party license terms.

Termination of Access

We reserve the right to suspend or terminate your access to our Services if you violate these Terms or infringe upon our intellectual property rights.

Purchases, Payment, and Delivery

When you purchase products or services from Modern Memorials, you agree to provide accurate, current, and complete information, including payment details, shipping information, and contact information. We process payments through trusted third-party processors, and all transactions are subject to their terms as well as ours. You represent and warrant that you are legally authorized to use the payment method you provide.

You agree to pay all charges incurred by you or anyone using your account at the prices in effect at the time of purchase, as well as any applicable taxes. In some cases, we may require verification of your information before accepting or processing your order.

Digital Products

  • Upon completion of your order, Modern Memorials does not provide PDF copies of funeral programs. Instead, you will receive a secure link to access the final program. It is the client’s responsibility to download and save the program from this link.
  • Digital files of social media announcements will be delivered only to the valid email address provided at checkout.
  • Digital products will be delivered prior to or on the date selected by the client during checkout.

Printed Products

  • Welcome signs are physical products and will be printed and shipped directly to the client. Shipping will be completed using the shipping method and address selected by the client at checkout.
  • Modern Memorials does not provide digital versions of welcome signs.
  • If additional welcome signs are required, they must be purchased at the then-current price.
  • While we make every effort to ensure timely delivery, Modern Memorials is not responsible for shipping delays caused by carriers or other circumstances outside of our control.
  • Modern Memorials is not responsible for delivery issues, delays, or losses resulting from incorrect or incomplete shipping addresses provided by the client at checkout.

Refund Policy

All sales made through Modern Memorials are final. Because our products and services are custom-designed and personalized, we cannot offer refunds, returns, or exchanges once an order has been placed.

We make every effort to ensure accuracy and client satisfaction throughout the design process, including providing opportunities for review and revisions before final delivery. It is the client’s responsibility to carefully review all proofs, materials, and order details prior to final approval.

If you receive a product that is damaged during shipping, please contact us within seven (7) days of delivery with photographs of the damage. In such cases, we will work with you to provide a replacement of the damaged printed product. Shipping delays that are outside of our control, such as carrier delays, do not qualify for refunds.

By placing an order with Modern Memorials, you acknowledge and agree that all sales are final.

Client Responsibilities

To ensure timely and accurate fulfillment of your order, clients are responsible for the following:

  • Providing Accurate Information: You must provide correct and complete personal, payment, and shipping information at checkout. Modern Memorials is not responsible for issues that arise from inaccurate or incomplete information.
  • Downloading Digital Products: Digital funeral programs are provided only through a secure access link. It is your responsibility to download and save the final program once the link is provided. Links may expire or be removed after the access period ends.
  • Reviewing and Approving Designs: Clients are responsible for reviewing proofs and providing timely feedback during the design process. Delays in communication may affect delivery timelines.
  • Maintaining Access to Email: All digital products, including social media announcements, are sent to the email address provided at checkout. It is your responsibility to ensure that the email address is valid and accessible.
  • Accepting Delivery of Printed Products: Welcome signs and other physical items will be shipped to the address and method selected at checkout. You are responsible for being available to receive the shipment and for any additional costs associated with incorrect shipping addresses or missed deliveries.

Product Descriptions and Accuracy

We strive to ensure that all product descriptions, images, and details displayed on our website are as accurate and complete as possible. This includes information about size, layout, formatting, and design elements. However, slight variations may occur due to the nature of digital and printed production.

  • Colors: We make every reasonable effort to display colors accurately. The actual colors you see will depend on the settings, calibration, and quality of the device or screen you are using. We cannot guarantee that the colors displayed on your device will exactly match the final printed or digital product.
  • Sizes and Layouts: Measurements and layout previews provided on our site are approximate and may vary slightly in the final product due to printing and formatting processes.
  • Design Previews: Digital previews are intended to provide a close representation of the final product. However, minor differences in alignment, spacing, or scaling may occur in the final version.
  • Personalized Content: For custom designs, the accuracy of names, dates, and other personal information is the responsibility of the client. Please review all proofs carefully before final approval, as Modern Memorials is not responsible for errors approved by the client.

By placing an order, you acknowledge that reasonable variations in color, size, layout, and formatting may occur and do not constitute defects.

Third-Party Sites, Software, and Services

Modern Memorials uses third-party platforms to generate and host links for digital funeral programs. While we select these services with care, we do not own, operate, or control such third-party sites, software, or services (“Third-Party Properties”). We are not responsible for (a) the content, security, or operation of Third-Party Properties, or (b) the privacy, data collection, or other practices of Third-Party Properties. The fact that our products may be accessed through such Third-Party Properties does not represent our endorsement of them. We provide access to these services as a convenience to our clients.

You are solely responsible for reviewing and complying with the terms of use, policies, and practices of any Third-Party Properties you use in connection with our services. Any costs, service charges, or issues related to the use of Third-Party Properties are your responsibility.

Other websites may link to Modern Memorials’ site with or without our authorization. We do not endorse such sites and are not responsible or liable for any content, products, services, or materials available through them, nor for any loss or damages incurred in connection with them.

YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE, AND SERVICES — INCLUDING, WITHOUT LIMITATION, ANY CONTENT, INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THEM — IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF THOSE THIRD PARTIES.

Modern Memorials reserves the right, at any time and in our sole discretion, to block or restrict access to our website or services from unauthorized links or third-party integrations without prior notice.

Customer Materials

Any materials submitted by you, including but not limited to photographs, videos, images, text, graphics, or other content (collectively, “Customer Materials”), are subject to the following terms and conditions:

  • Ownership and License: You retain ownership of your Customer Materials. By submitting them to Modern Memorials, you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, and irrevocable license (with the right to sublicense through multiple tiers) to use, reproduce, modify, distribute, and publicly display such Customer Materials solely for the purpose of creating, producing, delivering, or showcasing the products or services you request. For example, when you place an order for a funeral program, we may prepare, adjust, and transmit your Customer Materials for design, production, and digital delivery.
  • Templates and Layouts: While you retain ownership of your Customer Materials, any templates, layouts, or design frameworks created by Modern Memorials to arrange or display your materials remain the exclusive property of Modern Memorials.
  • Representations and Warranties: You represent and warrant that you own or have secured all necessary rights and permissions to the Customer Materials you provide, and that these materials do not infringe or violate the rights of any third party. You further warrant that your Customer Materials are not unlawful, fraudulent, defamatory, hateful, obscene, abusive, threatening, or otherwise objectionable.
  • Likeness and Permissions: By submitting Customer Materials, you consent to the use of your likeness and affirm that you have obtained written consent, release, or permission from every identifiable person appearing in your materials. If an identifiable individual is under the age of eighteen (18), you must have obtained consent from a parent or guardian. Upon request, you agree to provide copies of such permissions to Modern Memorials. We strongly encourage you not to include personal identifying information (such as a minor’s full name or address) alongside Customer Materials featuring individuals under 18.
  • Our Rights: Modern Memorials reserves the right (but not the obligation) to filter, edit, or refuse to use Customer Materials in the final product if they violate these Terms or if we, in our discretion, deem them inappropriate. We may also disclose Customer Materials, along with related information, to third parties if required by law or necessary to enforce these Terms.
  • Indemnification: You agree to indemnify and hold Modern Memorials, its owners, employees, contractors, agents, representatives, affiliates, and partners harmless from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your violation of these Terms or applicable law, (ii) your Customer Materials, or (iii) your use of our products and services.
  • Backup Responsibility: We are not responsible for, and will not be liable for, the loss of Customer Materials. We strongly recommend that you keep backup copies of all materials you submit to us.

Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THESE TERMS, ALL MODERN MEMORIALS PRODUCTS AND SERVICES — INCLUDING DIGITAL FUNERAL PROGRAMS, SOCIAL MEDIA ANNOUNCEMENTS, WELCOME SIGNS, AND ANY RELATED MATERIALS — ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN MEMORIALS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT MAY ARISE FROM USAGE, TRADE PRACTICES, OR PRIOR DEALINGS.

SOME LAWS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO PARTS OF THIS DISCLAIMER MAY NOT APPLY TO YOU. NO STATEMENT MADE BY MODERN MEMORIALS, ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL CREATE ANY WARRANTY BEYOND THOSE EXPRESSLY SET FORTH IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MODERN MEMORIALS, OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR SERVICES, (B) SHIPPING DELAYS OR DELIVERY FAILURES BEYOND OUR CONTROL, (C) LOSS, REMOVAL, OR FAILURE TO DOWNLOAD DIGITAL FILES, (D) ERRORS IN CUSTOMER MATERIALS APPROVED BY YOU, OR (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR INFORMATION.

IN NO EVENT SHALL THE TOTAL LIABILITY OF MODERN MEMORIALS, OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES, FOR ANY CLAIM OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS AND SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE AT ISSUE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MODERN MEMORIALS, ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW; (B) CUSTOMER MATERIALS YOU SUBMIT, INCLUDING ANY CLAIMS THAT SUCH MATERIALS INFRINGE OR VIOLATE THE RIGHTS OF A THIRD PARTY; (C) YOUR USE OR MISUSE OF OUR PRODUCTS OR SERVICES; (D) YOUR FAILURE TO DOWNLOAD OR SECURE DIGITAL FILES PROVIDED TO YOU; OR (E) ANY ACT OR OMISSION RELATED TO YOUR ACCOUNT OR PURCHASE, WHETHER BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Governing Law

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. THESE TERMS AND YOUR RELATIONSHIP WITH MODERN MEMORIALS (PAST, PRESENT, AND FUTURE) ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO TEXAS CONFLICT OF LAW PRINCIPLES, AND EXCEPT TO THE EXTENT PREEMPTED BY OR INCONSISTENT WITH FEDERAL LAW.

YOU AND MODERN MEMORIALS AGREE THAT IF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO MODERN MEMORIALS’ PRODUCTS, SERVICES, OR THESE TERMS HAS A STATUTE OF LIMITATIONS LONGER THAN TWO (2) YEARS, SUCH CLAIM OR CAUSE OF ACTION MUST BE FILED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION HAS ACCRUED OR IT WILL BE FOREVER BARRED.

TO THE EXTENT ANY CLAIM, CAUSE OF ACTION, OR REQUEST FOR RELIEF IS NOT SUBJECT TO ARBITRATION, YOU AND MODERN MEMORIALS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS, UNITED STATES OF AMERICA, AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

Arbitration Agreement

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. BY USING MODERN MEMORIALS’ PRODUCTS OR SERVICES, YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRODUCTS, OR SERVICES (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

  • Arbitration Process: Arbitration will be conducted by a recognized arbitration provider mutually agreed upon by you and Modern Memorials, or if no agreement is reached, by the American Arbitration Association (“AAA”) under its applicable rules.
  • Location: Unless otherwise agreed, arbitration will take place in Dallas County, Texas, or virtually through video or teleconference if in-person proceedings are not reasonably possible.
  • Scope: This agreement to arbitrate applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not otherwise resolved by mutual agreement.
  • Exclusions: Notwithstanding the above, (a) you and Modern Memorials retain the right to pursue claims in small claims court in Dallas County, Texas, provided such claims qualify, and (b) Modern Memorials may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
  • Waiver of Jury Trial: BY AGREEING TO ARBITRATION, YOU AND MODERN MEMORIALS EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. ARBITRATION IS CONDUCTED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
  • Costs: Each party will be responsible for its own legal fees, and arbitration costs will be allocated in accordance with the applicable rules of the arbitration provider.

Severability

IF ANY PROVISION OF THESE TERMS IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, SUCH PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE, AND THE REMAINING PROVISIONS OF THESE TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT. THE FAILURE OF MODERN MEMORIALS TO ENFORCE ANY RIGHT OR PROVISION IN THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION UNLESS ACKNOWLEDGED AND AGREED TO BY MODERN MEMORIALS IN WRITING.

Changes to These Terms

We may update or revise these Terms at any time. Continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.

Contact Us

For questions, permissions, or concerns regarding these Terms, please contact:

Modern Memorials, LLC
Email: customer.service@modern-memorials.com