Terms of service

Overview

This website is operated by EverCherish, a memorial brand operated by The Laser Craft Lab LLC.

Throughout this website and these Terms of Service, the terms “EverCherish,” “we,” “us,” and “our” refer to EverCherish and, where applicable, The Laser Craft Lab LLC.

EverCherish provides personalized memorial products, keepsakes, digital tributes, memorial videos, engraving services, and related products and services for remembering people and pets.

By visiting our website, purchasing a product or service, submitting personalization materials, or otherwise using our services, you agree to these Terms of Service and any additional policies referenced on this website.

Please review these Terms before placing an order.

Eligibility

By using this website or purchasing from EverCherish, you represent that you are at least the age of majority in your state of residence or that you have the permission of a parent or legal guardian where required.

You may not use EverCherish products or services for unlawful purposes or in violation of applicable laws.

Personalized and Custom Products

Many EverCherish products are individually created using customer-supplied names, dates, photographs, wording, designs, videos, and other information.

Customers are responsible for ensuring that all personalization information submitted to EverCherish is accurate.

Where a design proof is provided, customers are responsible for carefully reviewing all elements of the proof before approval, including but not limited to:

  • Names
  • Dates
  • Photographs
  • Wording
  • Spelling
  • Fonts
  • Layout
  • Placement
  • Design elements
  • Orientation
  • Other personalized information

Approval of a proof authorizes EverCherish to proceed with production based on that approved design.

Customer-approved errors are governed by our Return & Refund Policy.

Customer-Submitted Content

Customers may submit photographs, videos, audio, names, written materials, artwork, or other content to EverCherish for use in creating personalized products and services.

By submitting content to EverCherish, you represent that:

  • You own the content or have sufficient permission to provide it to us.
  • Our use of the content for your order will not knowingly violate another person's intellectual property, privacy, publicity, or other legal rights.
  • You have any permissions reasonably necessary for individuals or materials appearing in the content.

License for Order Fulfillment

By submitting content as part of an order, you grant EverCherish a non-exclusive license to use that material as reasonably necessary to fulfill and support your order.

This may include the right to:

  • Copy
  • Reproduce
  • Crop
  • Resize
  • Enhance
  • Convert to grayscale
  • Prepare for engraving
  • Edit
  • Format
  • Print
  • Engrave
  • Digitize
  • Combine with other materials
  • Upload
  • Host
  • Transmit
  • Store
  • Display privately
  • Otherwise process the submitted material

This license exists for the purpose of designing, producing, delivering, maintaining, supporting, or correcting the product or service you requested.

Submitting materials for an order does not by itself authorize EverCherish to publicly advertise your memorial or use your personal content for unrelated marketing purposes.

Optional Marketing Permission

EverCherish may separately request permission to feature completed memorial products, photographs of finished products, memorial videos, or other completed work in our:

  • Website
  • Portfolio
  • Social media
  • Printed advertising
  • Digital advertising
  • Commercials
  • Promotional materials
  • Trade displays
  • Business presentations
  • Other marketing materials

Where EverCherish provides a separate marketing-consent option, participation is voluntary.

Declining marketing permission will not affect the customer's ability to purchase EverCherish products or services.

If marketing permission is granted, EverCherish may reasonably crop, resize, format, photograph, display, or reproduce the approved material for promotional purposes.

EverCherish will make reasonable efforts to treat memorial content respectfully and in a manner consistent with the nature of our brand.

Photographs and Engraving

Customers acknowledge that engraving differs from conventional color printing.

Photographs submitted for engraving may need to be:

  • Converted to grayscale
  • Adjusted for contrast
  • Cropped
  • Sharpened
  • Simplified
  • Converted into an engraving-compatible image
  • Otherwise modified so the engraving equipment can reproduce the image effectively

Engraved photographs generally will not reproduce the original colors of a photograph.

Minor differences in shade, contrast, depth, texture, positioning, or appearance may occur because of material characteristics, engraving processes, source-image quality, equipment, lighting, and other production variables.

Reasonable production variations are not considered defects.

Digital memorial videos are treated differently. Photographs used in memorial videos generally retain their original color unless editing, enhancement, restoration, cropping, or another adjustment is necessary or requested.

Memorial Videos and Digital Tributes

Memorial videos and other digital tribute services are custom creative services.

Customers are responsible for supplying the photographs, videos, wording, and other materials required for the project.

Turnaround times begin after the necessary content has been received.

Unless otherwise stated for a particular order, memorial-video services generally include up to two reasonable revision rounds requested within 24 hours after the first draft is sent.

Requests after the included revision period may be accepted at EverCherish's discretion and may result in:

  • Additional fees
  • Delayed completion
  • A revised delivery schedule

Major changes in creative direction or replacement of substantial portions of previously approved material may constitute additional work.

Music Requests

Customers may request specific music for memorial videos.

However, music availability is subject to copyright, licensing restrictions, platform policies, geographic availability, and the rules of any third-party service used to host or distribute the memorial.

A customer request does not guarantee that a particular commercial song can legally or technically be used.

EverCherish may decline, replace, or remove requested music if we determine that its use may create copyright, licensing, availability, or platform-enforcement issues.

If a memorial video is muted, blocked, removed, restricted, or otherwise affected because of music-rights enforcement by a third-party platform, EverCherish may replace the affected music with an available licensed, royalty-free, platform-approved, or otherwise suitable alternative and re-upload or revise the memorial when reasonably practical.

Such third-party copyright enforcement does not constitute a manufacturing defect in a physical EverCherish product.

Digital Memorial Hosting

Digital memorials may initially be hosted or delivered through third-party platforms such as video-hosting, social-media, cloud-storage, or similar services.

EverCherish does not currently guarantee lifetime or permanent third-party hosting unless a particular product expressly states otherwise.

Third-party platforms may:

  • Change their policies
  • Change availability
  • Modify features
  • Restrict content
  • Remove content
  • Experience outages
  • Discontinue services
  • Alter links or access methods

EverCherish is not responsible for actions taken independently by a third-party hosting platform.

When reasonably practical, EverCherish may assist in restoring, migrating, re-uploading, or otherwise maintaining access to a memorial affected by a platform change.

The specific hosting terms for future EverCherish-hosted memorial services may differ and will be disclosed when those services become available.

QR-Connected Products

Some EverCherish products may contain QR codes or other digital links connecting a physical memorial product with online content.

The ability of a QR-connected product to reach its associated content may depend on internet access, compatible devices, third-party hosting platforms, and continued availability of the destination.

EverCherish may change hosting providers, technology, or delivery methods as our digital memorial services evolve.

Where technically possible, we may migrate memorial content or update underlying digital services without changing the physical memorial product.

Rush Production

Eligible orders may be offered Rush or Priority Production for an additional fee.

Rush Production prioritizes the order within the EverCherish production queue but does not guarantee the performance or delivery time of third-party shipping carriers.

Rush availability is subject to workload, product type, materials, equipment availability, complexity, and other circumstances.

EverCherish may decline a rush request if we cannot reasonably meet the requested timing.

EverCherish Authenticity Mark

EverCherish physical products may include a discreet EverCherish brand, authenticity, business, trademark, or identifying mark.

The mark may include the trademark designation applicable to EverCherish at the time the product is produced.

Placement may include areas such as the:

  • Reverse
  • Underside
  • Edge
  • Interior
  • Back of a single-sided product
  • Other discreet location

EverCherish determines the size, location, method, and presentation of its authenticity mark.

Whenever practical, the mark will be positioned so that it does not interfere with the primary memorial design.

The presence of an EverCherish authenticity mark is an intentional element of the product and is not considered a defect or unauthorized alteration.

Intellectual Property

The EverCherish name, branding, logos, product presentation, original layouts, proprietary memorial concepts, website materials, graphics, written content, and other original EverCherish materials are owned by or licensed to EverCherish/The Laser Craft Lab LLC unless otherwise stated.

Nothing in these Terms transfers ownership of EverCherish intellectual property to a customer.

Customers retain whatever rights they possess in photographs and other original materials they submit to us.

Customers may use their finished memorial products for ordinary personal purposes.

Unauthorized reproduction of EverCherish proprietary branding or materials for commercial imitation, resale, counterfeiting, or misrepresentation is prohibited to the extent permitted by law.

Product Availability

Products, materials, colors, sizes, finishes, services, and options may change without notice.

Certain products may be:

  • Limited
  • Temporarily unavailable
  • Discontinued
  • Substituted with customer approval
  • Restricted because of material availability

We reserve the right to limit quantities or decline orders when reasonably necessary.

Pricing

Prices are subject to change without notice.

The price charged for an accepted order will generally be the price shown at checkout or otherwise agreed upon with the customer.

Additional charges may apply for:

  • Major design changes
  • Additional revisions
  • Upgraded materials
  • Rush Production
  • Expedited shipping
  • Special delivery arrangements
  • Significant changes to previously approved personalization
  • Services outside the original order scope

Any material additional charge will generally be communicated before the additional work is completed.

Order Acceptance and Refusal

EverCherish reserves the right to refuse, cancel, or limit an order when reasonably necessary.

This may include orders involving:

  • Illegal content
  • Fraud
  • Intellectual-property infringement
  • Hateful or threatening material
  • Harassment
  • Deceptive or fraudulent uses
  • Content intended to impersonate another brand or individual
  • Material we reasonably believe we do not have the right to reproduce
  • Technically impossible requests
  • Requests inconsistent with EverCherish services or standards

If EverCherish cancels an order before performing meaningful personalized work, applicable amounts paid for the canceled product or service will generally be refunded.

Payment and Billing Information

Customers agree to provide current, complete, and accurate billing, contact, and order information.

We may cancel or delay orders where payment cannot be verified or where we reasonably suspect fraud or unauthorized payment activity.

Returns, Refunds, and Lifetime Warranty

Returns, refunds, cancellations, personalized-product restrictions, damaged shipments, customer errors, EverCherish production errors, and Lifetime Warranty claims are governed by our Return & Refund Policy.

Products specifically identified as eligible for the EverCherish Lifetime Warranty are subject to the requirements and limitations described in that policy.

Shipping and Delivery

Production times, shipping, tracking, local delivery, Rush Production, returned packages, incorrect addresses, damaged shipments, and lost packages are governed by our Shipping & Delivery Policy.

Third-Party Services and Links

EverCherish may rely upon or link to third-party services, including:

  • Shopify
  • Payment processors
  • Shipping carriers
  • Video-hosting platforms
  • Social-media platforms
  • Cloud-storage providers
  • Email services
  • QR technology
  • Other technology or service providers

We do not control every aspect of these third-party services and cannot guarantee their uninterrupted operation.

Your use of third-party platforms may also be subject to their own terms and policies.

Prohibited Uses

You may not use this website or EverCherish services to:

  • Violate applicable laws
  • Infringe intellectual-property rights
  • Submit malicious software
  • Attempt unauthorized access to our systems
  • Commit fraud
  • Harass or threaten others
  • Misrepresent yourself or another person
  • Submit content you do not have permission to use
  • Interfere with website security or functionality
  • Copy EverCherish materials for unauthorized commercial imitation or counterfeiting

Disclaimer of Warranties

Except for warranties expressly provided by EverCherish, including any specifically applicable EverCherish Lifetime Warranty, products and services are provided to the maximum extent permitted by law without additional implied guarantees beyond those that cannot legally be excluded.

Nothing in these Terms eliminates consumer rights that cannot lawfully be waived.

Limitation of Liability

To the maximum extent permitted by applicable law, EverCherish and The Laser Craft Lab LLC will not be liable for indirect, incidental, consequential, special, or similar damages resulting from use of this website, our services, third-party platforms, or circumstances outside our reasonable control.

Nothing in this provision limits liability that applicable law does not permit us to limit.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless EverCherish and The Laser Craft Lab LLC from claims resulting from content you submit, rights you represent that you possess, unlawful use of our services, or your material violation of these Terms.

Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Termination

EverCherish may suspend or terminate access to services where a user materially violates these Terms, engages in fraudulent activity, misuses the website, or creates a material security or legal risk.

Obligations incurred before termination remain enforceable where applicable.

Entire Agreement

These Terms, together with our posted policies and any written terms applicable to a specific custom order, constitute the agreement governing the customer's use of EverCherish products and services.

For a specific custom project, mutually agreed written terms may supplement these Terms.

Changes to These Terms

EverCherish may update these Terms of Service as our products, technology, services, policies, or legal requirements change.

The version posted on our website at the applicable time will govern website use and new orders unless otherwise required by law.

Governing Law

To the extent permitted by applicable law, these Terms and transactions with EverCherish are governed by the laws of the State of Michigan, without regard to conflict-of-law principles.

Mandatory consumer protections applicable in a customer's jurisdiction remain unaffected where they cannot legally be waived.

Contact Information

Questions regarding these Terms of Service may be directed to:

EverCherish
Operated by The Laser Craft Lab LLC
Macomb County, Michigan
care@myevercherish.com