Remembrance Forest
Terms and Conditions Agreement​​
Last updated: March 25, 2025
This website is operated by Swallow Tail D/B, Incorporated, D/B/A Remembrance Forest (“Remembrance Forest™”). Throughout the website, the terms “we”, “us” and “our” refer to Remembrance Forest™. Remembrance Forest™ maintains this website (the “Site”), including all information and Services, as defined herein, available on the Site to you conditioned upon your acceptance of all terms, conditions, and policies stated herein (“Terms and Conditions”). For purposes of these Terms and Conditions, “you” and “your” means you as the user of the Site, Services, or purchaser through the Site.
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By using the Site and/or making any purchases from Remembrance Forest™ (“Services”), you agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, or merchants.
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Please read these Terms and Conditions carefully before accessing or using the Site. If you do not agree to all the Terms and Conditions stated herein, then you may not access the Site or use any of the Services. If you do not agree to these Terms and Conditions, you should not use the Site.
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We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
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Use of the Site
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All content included the Site is and shall continue to be the property of Remembrance Forest and shall retain all proprietary rights to the Site, its trademarks, copyrights, and photographs. Remembrance Forest grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal use. Except for information that is in the public domain, you are not authorized to copy, redistribute, use, or publish any such content or any part of the Site is prohibited.
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You are prohibited from using the Site or its content for: (i) For any unlawful purpose (ii) To solicit others to perform or participate in any unlawful acts; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; or (vi) to collect or track the personal information of others.
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Online Orders
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When placing an order on our Site, you are offering to purchase your selected products and Services. We reserve the right to accept or reject any order at our absolute discretion. We will only accept or reject an order in its entirety. If we elect to accept your offer, you will receive a confirming email at the email address that you provide at checkout. Notwithstanding, we reserve the right to cancel any order once accepted by us at any time at our sole discretion. We do not have an agreement to provide Services until we accept your offer to purchase by sending to you confirmation of our acceptance of your offer.
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All applicable prices are set forth beside the goods and services displayed on the Site. Such prices are subject to change at any time by us at our sole discretion. Unless otherwise stated on the Site, you will be responsible for the prices stated at the time of your transaction in addition to any related taxes and shipping and handling charges. Payment may only be made with a valid credit or debit card, or by an electronic payment provider agreeable to us, e.g., Apple Pay. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Disclaimer of Warranties
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THE SERVICES AND ALL PRODUCTS PURCHASED THROUGH THE SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. REMEMBRANCE FOREST™ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
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For tree planting gifts, although each tree is planted with the expectation and intent of a long and healthy life span, other than our site replanting after Year 5 to its original density, we do not make any guarantees or warranties as to the tree or plant’s ability to grow, its health, or its lifespan. You expressly understand and agree that although a tree is planted with the expectation and intent of a long and healthy life span, tree life is may be affected by a tree’s natural life expectancy, wild life, disease, drought, fire, floods, tornados, lightening, storms, winds, hurricanes, etc.
Limitation of Liability
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UNDER NO CIRCUMSTANCES WILL REMEMBRANCE FOREST™ BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Except for the obligation to make payment, no party shall be considered in default of any of its obligations under this Agreement to the extent that performance thereof is delayed or rendered impossible by acts of God, war, civil commotion, civil war, insurrection, governmental action, fire, storm, flood, lightning, tornado, drought, weather, animal life, explosion, strikes, walkouts, or other industrial disturbances, or any other cause(s) of any nature which is beyond its reasonable control. we are not responsible for material procurement or any delay caused thereby.
Ownership
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If the Services requested by you include the planting of a tree by us in memory or celebration, we will plant a tree with the expectation and intent of a long and healthy life span. The tree will be planted in the United States and allowed to grow naturally, so as to provide habitat for wildlife and facilitate the natural processes of providing clear air and water. However, because of the remoteness of where the tree will be planted, the risks of damage to the habitat, and risks inherent in natural forests tree plantings are not individually marked, are not geolocation marked, and are not accessible for visitation. Although the tree will be planted by us in memory or celebration at your request, the tree will remain our property to own and manage according to appropriate forest management practices.
Privacy
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Your visit to the Site and submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy, please see our Privacy Policy page.
Dispute Resolution
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ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO ANY PRODUCTS, SERVICES, OR USE OF THE SITE SHALL FIRST BE ATTEMPTED TO BE SETTLED THROUGH GOOD FAITH NEGOTIATION. IF THE DISPUTE CANNOT BE SETTLED THROUGH GOOD FAITH NEGOTIATION, YOU AGREE TO ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY JAMS. IF MEDIATION IS UNSUCCESSFUL, YOU AGREE TO ARBITRATION ADMINISTERED BY JAMS ACCORDING TO JAMS CONSUMER MINIMUM STANDARDS FOR PROCEDURAL FAIRNESS, INCLUDING:
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THIS ARBITRATION AGREEMENT IS RECIPROCALLY BINDING ON YOU AND US, AND NO PARTY IS PRECLUDED FROM SEEKING REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES OR CLAIMS WITHIN THE SCOPE OF ITS JURISDICTION.
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REMEDIES THAT WOULD OTHERWISE BE AVAILABLE TO YOU UNDER APPLICABLE FEDERAL, STATE, OR LOCAL LAWS REMAIN AVAILABLE TO YOU.
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THE ARBITRATOR(S) WILL BE A NEUTRAL PROVIDED BY JAMS. YOU HAVE A REASONABLE OPPORTUNITY TO PARTICIPATE IN THE PROCESS OF CHOOSING THE ARBITRATOR(S) ACCORDING TO THE JAMS RULES FOR SELECTION OF A MEDIATOR/ARBITRATOR.
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YOUR ACCESS TO ARBITRATION WILL NOT BE PRECLUDED BY THE LOCATION OF THE ARBITRATION. TO THE EXTENT POSSIBLE ARBITRATION WILL OCCUR VIA ZOOM, TEAMS, OR A SIMILAR ONLINE PORTAL.
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YOU ARE FREE TO ENGAGE YOUR OWN LEGAL COUNSEL TO REPRESENT YOU IN THE ARBITRATION.
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WITH RESPECT TO THE COST OF THE ARBITRATION, WHEN YOU INITIATE ARBITRATION AGAINST US, THE ONLY FEE REQUIRED TO BE PAID BY YOU IS $250, WHIE IS APPROXIMATELY EQUIVALENT TO THE CURRENT COURT FILING FEES. ALL OTHER COSTS WILL BE BORNE BY REMEMBRANCE FOREST™, INCLUDING ANY REMAINING JAMS FILING FEE, CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR'S SERVICES. WHEN WE ARE THE CLAIMING PARTY INITIATING AN ARBITRATION AGAINST YOU, WE WILL BE REQUIRED TO PAY ALL COSTS ASSOCIATED WITH THE ARBITRATION.
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YOU WILL BE ALLOWED DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO ANY DISPUTE.
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AN ARBITRATOR'S AWARD WILL CONSIST OF A WRITTEN STATEMENT STATING THE DISPOSITION OF EACH CLAIM. THE AWARD WILL ALSO PROVIDE A CONCISE WRITTEN STATEMENT OF THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED.
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YOU AGREE THAT ANY JAMS MEDITIATION OR ARBITRATION WILL BE ADMINISTERED BY the St. LOUIS, MISSOURI JAMS OFFICE.
Notices
We may provide notices hereunder to you by: (i) email; or (ii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing address. You can contact us at any time by any of the following means:
EMAIL: steward@remembranceforest.com
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Indemnification
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You agree to indemnify, defend and hold harmless Remembrance Forest™ and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third-party due to or arising out of your violation of these Terms and Conditions or use the Site.
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Governing Law
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You agree that the laws of the state of Missouri, without regard to conflicts of laws provisions, will govern these Terms and Conditions and any dispute that may arise between you and Remembrance Forest™ or its affiliates related to the Services. To the extent that a dispute is not subject to mediation/arbitration you agree that the exclusive jurisdiction for any lawsuit by you against us will be in the Circuit Court of Cass County, Missouri. We expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods from all terms of Services.
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Severability
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If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
The failure of Remembrance Forest™ to exercise or enforce any right or provisions of these Terms and Conditions shall not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions must be in writing and signed by an authorized representative of Remembrance Forest™.
Entire Agreement
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These Terms and Conditions constitute the entire agreement between you and Remembrance Forest™ and governs your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Remembrance Forest™ with respect to this Site or on account of, arising out of, and/or related to the Services.​​