Terms of Service

Effective Date: April 21, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and WOOHOO! AGENCY! LLC, a California limited liability company operating the [ eternity ] brand and website at etnty.co ("Company," "we," "us," or "our"). By accessing or using our website or by placing an order, you agree to be bound by these Terms and our Privacy Policy, Refund and Returns Policy, and Shipping Policy, which are incorporated herein by reference. If you do not agree to these Terms, do not use our website or place an order.

1. Eligibility

You must be at least 18 years of age to use our website or purchase our products. By accessing our website or placing an order, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the full legal capacity and authority to enter into a binding contract; (c) you are using our website for lawful purposes only; and (d) all information you provide to us is accurate, complete, and current.

2. Products and Personalization

We sell custom memorial products, including memorial headstones, cremation urns, cremation jewelry, and related memorial items (collectively, "Products"). Unless explicitly stated otherwise, all Products are made to order and personalized for each individual Customer.

1. Product descriptions, images, dimensions, and specifications displayed on our website are for illustrative purposes. Actual appearance may vary due to natural variation in stone materials, manufacturing processes, engraving placement, and differences in screen display calibration.
2. Personalization details — including but not limited to names, dates, epitaphs, symbols, and photographs — are the sole responsibility of the Customer. You are responsible for the accuracy of all personalization information you submit.
3. We reserve the right, in our sole discretion, to refuse any order that contains content we determine to be offensive, obscene, defamatory, unlawful, or otherwise inappropriate. In such cases, we will notify you and issue a full refund.
4. All prices displayed are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be added at checkout where required by applicable law.

3. Order Process and Contract Formation

3.1 Placing an Order

When you place an order through our website, you are submitting an offer to purchase the selected Product under these Terms. We reserve the right to accept or decline any order at our sole discretion. A binding sales contract is formed: (a) upon your receipt of an order confirmation email from us; and (b) for personalized memorial headstones, upon your written electronic approval of the design proof (see Section 3.2).

3.2 Design Proof and Approval — Memorial Headstones

For all memorial headstone orders:

1. Within 24 business hours of order confirmation, you will receive a digital design proof via email
2. You must review the design proof carefully and respond with your written approval or change requests
3. Production begins only upon receipt of your written electronic approval of the design proof
4. By providing written approval, you confirm that all personalization details — including names, dates, spelling, punctuation, symbols, and overall layout — are correct, complete, and accurate
5. We offer up to two (2) rounds of design revisions at no charge. Additional revision rounds may be subject to a fee at our discretion
6. We are not responsible for any errors in personalization that were present in the approved design proof. The Customer assumes full responsibility for the accuracy of all approved content

3.3 Cancellation Before Approval

Prior to your written approval of the design proof, either party may cancel the order without penalty. To cancel, contact us immediately at hello@etnty.co. See our Refund and Returns Policy for details.

4. Payment Terms

Full payment is due at the time of placing your order. We accept major credit cards, debit cards, and other payment methods presented at checkout, all of which are processed securely through Stripe, Inc. By providing your payment information, you authorize us to charge the total order amount, including applicable taxes and shipping fees, to your designated payment method.

We reserve the right to cancel any order in the event of a declined or failed payment. All charges are processed in US Dollars. We do not store your payment card information — this is handled exclusively by Stripe in accordance with PCI-DSS standards.

5. Intellectual Property

All content on our website — including but not limited to designs, artwork, photographs, graphics, logos, text, product descriptions, and brand elements — is the proprietary property of WOOHOO! AGENCY! LLC or its licensors and is protected by United States and international copyright, trademark, trade dress, and trade secret laws.

1. You may not reproduce, distribute, publicly display, modify, create derivative works of, sublicense, or otherwise exploit any content from our website without our express prior written permission
2. Any custom artwork or design created for your order by WOOHOO! AGENCY! LLC remains the intellectual property of WOOHOO! AGENCY! LLC. You receive a limited, non-exclusive, non-transferable license to use the design solely in connection with your specific order
3. You represent and warrant that any photographs, artwork, text, or other content you submit for personalization: (a) are owned by you or you have obtained all necessary rights and permissions to use and submit them; (b) do not infringe any copyright, trademark, right of publicity, or other intellectual property or personal rights of any third party; and (c) do not contain any unlawful content

6. Prohibited Uses

You agree not to use our website or services:

1. For any unlawful purpose or in violation of any applicable federal, state, local, or international laws or regulations
2. To submit any content that is defamatory, obscene, threatening, harassing, abusive, or that infringes any intellectual property right
3. To attempt to gain unauthorized access to any part of our website, servers, networks, or systems
4. To use automated tools, bots, scrapers, or similar mechanisms to extract data from our website without our prior written consent
5. To impersonate any person or entity, or to misrepresent your affiliation with any person or entity
6. To transmit any viruses, malware, or other harmful or destructive code

7. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

The foregoing disclaimer does not affect the specific remedies available to you under our 50-Year Craftsmanship Warranty as described in our Refund and Returns Policy.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOOHOO! AGENCY! LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR PRODUCTS, OR ANY TRANSACTION WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PURCHASE FROM US EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC ORDER THAT IS THE SUBJECT OF THE CLAIM.

Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless WOOHOO! AGENCY! LLC, its members, managers, officers, employees, agents, contractors, and successors from and against any and all claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of or access to our website or products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement or violation of any third-party rights, including intellectual property rights or rights of publicity; or (e) any content you submit, post, or transmit through our website.

10. Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, hurricane, epidemic or pandemic, war, armed conflict, terrorism, sanctions, government orders or restrictions, labor disputes or strikes, supply chain disruptions, power outages, or transportation failures ("Force Majeure Event"). The affected party will notify the other party promptly upon the occurrence of a Force Majeure Event and will make commercially reasonable efforts to resume performance as soon as practicable.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS DECIDED BY A JURY.

12.1 Agreement to Arbitrate

Except as provided in Section 12.4, you and WOOHOO! AGENCY! LLC agree that any dispute, claim, or controversy arising out of or relating in any way to: these Terms; the breach, termination, enforcement, interpretation, or validity thereof; or your use of our website or purchase of our products ("Dispute") shall be resolved exclusively by final and binding individual arbitration, not in court.

12.2 Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended from time to time, which are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted in the State of California, or by telephone or video conference if either party requests. The arbitrator shall apply California law consistent with the Federal Arbitration Act. The arbitrator's award shall be in writing, shall include the essential findings and conclusions on which it is based, and shall be final and binding upon both parties. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND WOOHOO! AGENCY! LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate more than one person's claims or to preside over any form of class or representative proceeding. If this Class Action Waiver is found to be unenforceable in a particular case, then the entirety of this Section 12 shall be unenforceable in that case.

12.4 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court in Marin County, California, if the claim qualifies under the applicable rules; and (b) seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Any such court proceeding shall be brought exclusively in the state or federal courts located in Marin County, California.

12.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@etnty.co within 30 days of the date you first access our website or agree to these Terms, whichever occurs first. Opting out does not affect the validity or enforceability of any other provision of these Terms.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

14. Waiver

No waiver by WOOHOO! AGENCY! LLC of any right or provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company. No failure or delay by either party in exercising any right or remedy provided under these Terms shall constitute a waiver of that right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

15. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Returns Policy, and Shipping Policy (each of which is incorporated herein by reference), constitute the entire agreement between you and WOOHOO! AGENCY! LLC with respect to your use of our website and your purchase of our products. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings between you and the Company, whether written or oral, with respect to their subject matter.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. Changes will be posted on this page with an updated effective date. We will notify you of material changes by email or by posting a prominent notice on our website at least 30 days before the changes take effect. Your continued use of our website or placement of an order after the effective date of any changes constitutes your acceptance of the updated Terms.

17. Contact

WOOHOO! AGENCY! LLC
221 Hi Vista Rd, Sausalito, CA 94965
Email: hello@etnty.co
Website: etnty.co