Terms of Service
Last Updated: July 2026
Welcome to Everlink Memorial. Please read these Terms of Service ("Terms") carefully before using our website located at https://www.everlinkmemorial.com/ (the "Site") and the services provided by Everlink Memorial, LLC ("Everlink," "we," "us," or "our").
By accessing or using our Site, creating a memorial page, or contributing content, you agree to be bound by these Terms. If you do not agree, you may not use our services.
Eligibility & Account Creation
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Age Requirement: You must be at least 18 years of age to purchase services or submit media to Everlink.
Managed Page Creation: Everlink Memorial operates as a managed service. Currently, memorial pages are built, edited, and maintained exclusively by Everlink employees or authorized funeral directors utilizing materials provided by the customer. Customers and visitors do not have direct administrative access to edit, alter, or modify the layout and structure of the pages. Everlink reserves the right to introduce self-service creation and editing features for customers in the future.
Authorized Material Submission: By purchasing a service and submitting biographical information, text, obituaries, or media (the "Materials") to Everlink or an authorized funeral director, you warrant and represent that you are the deceased’s next of kin or have the express legal authority and consent of the next of kin to establish the memorial page.
Visitor Interaction: All other users accessing the published page are Visitors who may view the page and, where permitted by the established page settings, upload media or leave comments.
Fees, Subscriptions, and Cancellation
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Current Pricing: Services are currently offered for a one-time fee, which guarantees that the memorial page will remain hosted and active on the Site for a minimum duration of five (5) years from the date of creation.
Future Pricing Models: Everlink reserves the right to transition to a subscription-based model in the future. Users who purchased a one-time fee package prior to this transition will be "grandfathered" in and will not be subject to recurring subscription fees for their existing tier of service.
Cancellation and Inactivity: If a subscription model is implemented in the future, canceling a subscription will result in the associated memorial page being marked as "Inactive" or hidden from public view, rather than immediately deleted, subject to our data retention policies.
Refunds: All fees paid to Everlink are final and non-refundable.
User-Generated Content & Media
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Content Ownership: You retain all ownership rights and copyrights to the text, photos, videos, audio clips, and other media ("User Content") that you upload to the Site.
License to Everlink: By uploading User Content, you grant Everlink a worldwide, non-exclusive, royalty-free, perpetual license to host, store, cache, reproduce, and display the content solely for the purpose of operating and providing the memorial page services.
Prohibited Content: You agree not to upload any content that is illegal, defamatory, abusive, obscene, infringes on another party’s intellectual property rights, or violates the privacy of any living individual. Everlink reserves the right to remove any content at our sole discretion.
Future Media Updates and Modifications: We welcome families to keep their loved one's memorial page current. Because Everlink is a managed service built by our team, requests to add, remove, or modify media and text after the initial page publication must be submitted through our designated customer service channel. Everlink reserves the right to limit the frequency of these updates, impose formatting guidelines, or charge an administrative modification fee for major changes.
Copyright Infringement & Takedown Requests (DMCA)
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Everlink respects intellectual property rights. If you believe that any content hosted on our Site infringes your copyright, you may submit a takedown request to our designated agent at jordaneverlink@gmail.com. The request must include:
A description of the copyrighted work.
The exact URL of the infringing material on our Site.
Your contact information (name, address, email).
A statement made under penalty of perjury that you are the copyright owner or authorized to act on their behalf.
Upon receipt of a valid notice, Everlink will promptly remove or disable access to the infringing material.
Physical Products & Material Disclaimers
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Nature of Product: Everlink provides physical plaques, tags, or markers featuring a QR code linked to the digital memorial page. These items are manufactured using 3D-printed thermoplastic materials (such as PETG polymer) and are supplied with an adhesive backing for installation.
No Environmental or Structural Warranty: While engineered for general outdoor resilience, Everlink provides no warranty regarding the lifespan, color stability, structural integrity, or performance of the physical product when exposed to external environmental factors. This includes, but is not limited to, extreme temperatures, prolonged UV/solar exposure, rain, ice, severe weather, or contact with landscaping machinery (such as lawnmowers and weed trimmers).
Placement and Compliance Liability: The customer bears sole responsibility for determining the appropriate placement of the physical item. Everlink assumes zero liability for compliance with the rules, regulations, bylaws, or guidelines of any cemetery, memorial park, religious entity, or local municipality. Any removal, damage, or confiscation of the physical item by cemetery authorities or third parties is completely outside the responsibility of Everlink.
Adhesive Backing Disclaimer: The adhesive provided with the product is intended for general application. Everlink does not guarantee adhesion to degraded, highly porous, uneven, or uncleaned surfaces (such as raw stone, concrete, or distressed granite). Proper surface preparation is the sole responsibility of the customer. Everlink is not liable for items that detach, become lost, or are stolen after delivery.
Limited Replacement Policy: Physical products are provided "as-is" upon delivery. Everlink does not offer a warranty against physical breakage, scratching, surface degradation, or intentional damage caused by the customer or third parties. At its sole discretion, Everlink may offer replacement plaques for purchase at a reduced administrative rate to existing customers.
Limitation of Liability, Disclaimers, and Backup Policy
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Not a Data Storage Platform: Everlink Memorial is a digital memorial presentation service, not a cloud storage or data backup platform. The Site is intended solely for the display of media to honor the deceased. Customers and visitors must maintain their own permanent, original copies of all uploaded text, photos, videos, and audio clips. Everlink is not responsible for archiving or preserving your original media files, and you should not rely on Everlink as your sole repository for these irreplaceable memories.
"As-Is" Service: Our Site is provided on an "as-is" and "as-available" basis. While we strive to maintain uninterrupted service and protect your uploaded media, we do not guarantee that the platform will be error-free, completely uninterrupted, or immune to data loss.
Limitation of Liability: To the maximum extent permitted by law, Everlink Memorial, LLC shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the Site, including, but not limited to, the accidental loss, corruption, or deletion of any uploaded media. Our total liability for any claim arising out of these Terms or the use of our services shall not exceed the total amount you actually paid to Everlink for the service.
Governing Law & Jurisdiction
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These Terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action must be filed in the state or federal courts located in North Carolina.