Terms of Service

Effective Date: 8/1/2025

Welcome to Eturnal Rest™. By accessing or using https://eturnalrest.com (the “Platform”), you agree to be bound by these Terms of Service (“Terms”), which govern your access to and use of our services, including the listing, purchase, and sale of burial properties and related offerings. If you do not agree to these Terms, you may not use the Platform.

1. Access and Account

  • You must be at least the age of majority in your state or province of residence to use the Platform.
  • You are responsible for maintaining the security of your account credentials and for all activity under your account.
  • You may not transfer or assign your account to another person.

2. Listings and Selling

  • Sellers may list available gravesites, plots, or related burial properties through the Platform.
  • Sellers are solely responsible for the accuracy of their listings, including price, description, and compliance with applicable laws.
  • A listing fee of 10% of the listed price will be deducted upon successful sale.
  • If a buyer selects a financing option, an additional 10% fee is charged.
  • Fees are only collected upon successful transaction.

3. Buyer Purchase Process

  • Buyers initiate purchases by completing checkout through the Platform.
  • Payments are processed securely through approved third-party payment gateways.
  • All transactions are subject to verification and approval.
  • Purchases are final and non-refundable unless expressly stated in a listing or required by applicable law.

4. Holding and Releasing Funds

  • Buyer payments may be held by Eturnal Rest for up to 30 days to safeguard the transaction process.
  • Funds are released to the seller within five (5) business days after confirmation of successful transfer, minus applicable fees.
  • Disbursements are made via ACH transfer or mailed check as designated by the seller.

5. Transfer Process

  • Eturnal Rest facilitates communication between buyers and sellers but is not a broker, escrow agent, or legal representative.
  • Buyers and sellers are fully responsible for completing any legal, procedural, or physical transfer requirements.

6. Products, Services, and Content

  • We strive to provide accurate information about listings, products, and services. However, errors, omissions, or inaccuracies may occur.
  • We reserve the right to correct any errors or update information without prior notice, including after an order has been submitted.
  • Listings may be modified, suspended, or discontinued at any time.

7. Prices and Billing

  • Prices, fees, and promotions are subject to change at any time without notice.
  • Taxes, shipping, handling, and other charges may apply.
  • By providing payment information, you represent that it is accurate and you are authorized to use it.

8. Shipping and Delivery (if applicable)

  • Any physical items shipped are subject to carrier timelines and risks. Title and risk of loss pass to you once the item is transferred to the carrier.
  • Eturnal Rest is not responsible for shipping delays outside our control.

9. Platform Integrity & Ongoing Development

  • Eturnal Rest is actively under development and may experience updates, outages, or limitations.
  • We do not guarantee uninterrupted access and disclaim liability for temporary unavailability, data loss, or transaction delays.

10. Intellectual Property

  • All text, graphics, logos, and content on the Platform are the property of Eturnal Rest or its licensors.
  • You may not reproduce, modify, or distribute content without written permission.
  • Shopify’s name, logos, and trademarks remain the property of Shopify Inc.

11. Feedback and User Content

  • If you submit ideas, reviews, testimonials, or other content (“Feedback”), you grant Eturnal Rest a perpetual, worldwide, royalty-free license to use, reproduce, and display it for business purposes.
  • You represent that you own or have rights to your Feedback and that it does not infringe on others’ rights.
  • We reserve the right to remove Feedback deemed unlawful, offensive, or in violation of these Terms.

12. Optional Tools & Third-Party Links

  • The Platform may include access to third-party tools or websites.
  • These are provided “as is” and without warranties. Your use of third-party tools or services is at your own risk.

13. Prohibited Conduct

You agree not to use the Platform to:

  • Engage in fraud, misrepresentation, or abuse.
  • Infringe on intellectual property rights.
  • Transmit viruses, spam, or malicious code.
  • Harass, intimidate, or harm others.
  • Circumvent security features or collect personal information unlawfully.

Violation may result in suspension or permanent removal of your account.

14. Disclaimers

  • Eturnal Rest provides a listing platform only and does not verify ownership, legality, or transferability of listed properties.
  • We make no guarantees regarding the outcome of any transaction.
  • The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied.

15. Limitation of Liability

To the fullest extent permitted by law, Eturnal Rest, its affiliates, officers, employees, and partners will not be liable for any indirect, incidental, special, or consequential damages, including lost profits, lost data, or loss of use, arising from your use of the Platform.

16. Indemnification

You agree to indemnify and hold harmless Eturnal Rest, Shopify, and their respective affiliates, officers, and employees from any claims, liabilities, or expenses arising from your use of the Platform, your listings, or your violation of these Terms.

17. Termination

We may suspend or terminate your account at our sole discretion if you violate these Terms. Certain provisions (e.g., Intellectual Property, Limitation of Liability, Indemnification) will survive termination.

18. Severability

If any provision of these Terms is found unlawful or unenforceable, the remaining provisions will remain in effect.

19. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

20. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer them without restriction.

21. Governing Law

These Terms are governed by the laws of the State of Wisconsin and applicable U.S. federal law. You agree to submit to the jurisdiction of the courts located in Wisconsin.

22. Changes to Terms

We may update or modify these Terms at any time. Updated Terms will be posted on this page with the effective date. Your continued use of the Platform after updates constitutes acceptance of the changes.

23. Contact

Questions about these Terms of Service should be sent to:
Eturnal Rest, LLC
📍 38 S Main St #391, Oconomowoc, WI 53066
📧 info@eturnalrest.com