Legal Terms & Policies | Tropical Trinity

Gravesite Cleaning Services

Gravesite and monument cleaning results vary depending on the age, material, condition, environmental exposure, staining, biological growth, and other factors affecting the memorial. While we use professional monument-safe cleaning methods and treatments, results may be gradual and may continue to improve over time following service completion.

We do not guarantee the complete removal of all stains, discoloration, biological growth, weathering, or damage. Certain conditions may be permanent or require multiple treatments to achieve optimal results.

Flower Placement Services

Flower placement services are performed according to the customer's selected service plan and are subject to cemetery regulations, weather conditions, product availability, and site accessibility.

While we make every effort to ensure flowers remain in place, we are not responsible for removal, damage, theft, vandalism, weather-related deterioration, maintenance activities, wildlife interference, or actions taken by cemetery staff or third parties after placement.

Photography Authorization

By purchasing services, the customer grants us permission to photograph gravesites, monuments, memorial pages, and completed work for documentation, quality control, portfolio display, marketing, advertising, website content, social media, and promotional purposes.

Personal information identifying the deceased or customer will not be intentionally disclosed beyond information already visible on the memorial unless expressly authorized by the customer.

By submitting information through our website, contact forms, email communications, telephone inquiries, or other methods, you consent to receive communications from us regarding services, updates, promotions, and marketing materials.

You may opt out of marketing communications at any time by following the unsubscribe instructions provided or by contacting us directly.

We do not sell, rent, or knowingly share customer information with third parties for their independent marketing purposes. Information may be shared only with service providers necessary to operate our business, process payments, maintain our website, or fulfill customer requests.

Payments, Billing & Refunds

All service packages are sold on an annual basis and must be paid in full at the time of purchase unless financing is arranged through a third-party payment provider.

Financing options, including payment plans offered through providers such as Affirm, are subject to the provider's approval, terms, conditions, and availability. We do not control financing decisions or payment plan terms.

All sales are final. Payments are non-refundable once an order has been placed, regardless of whether services have been partially utilized, transferred, canceled, or terminated by the customer.

Ownership & Authorized Contacts

The individual or entity that purchases a service package shall be considered the account owner and primary authorized contact.

For memorial website services, a secondary backup contact must be provided and maintained.

We may only accept content updates, modification requests, ownership changes, access requests, or service instructions from the primary authorized contact or the designated backup contact.

Changes to authorized contacts must be submitted in writing by the current primary authorized contact and approved by us before becoming effective.

We reserve the right to verify identity before processing any ownership, content, or account changes.

Memorial Page Hosting & Maintenance

Annual maintenance fees cover hosting, storage, security updates, technical maintenance, and reasonable minor content revisions during the applicable subscription term.

Memorial pages will remain active only while the required maintenance fees are paid and the service continues to be offered by our company.

Although we strive to preserve memorial pages for many years, we do not guarantee hosting, maintenance, accessibility, storage, uptime, availability, or preservation of content indefinitely or in perpetuity.

If the service is discontinued, business operations cease, third-party hosting services become unavailable, legal requirements change, or circumstances beyond our reasonable control prevent continued operation, memorial pages may be suspended or permanently removed.

Should continued hosting become unavailable, we may, at our sole discretion, provide reasonable assistance in transferring memorial page content to another platform. Any costs associated with exporting, transferring, recreating, hosting, maintaining, updating, or operating a memorial page on another platform shall be the sole responsibility of the customer.

Customer-requested transfers to third-party hosting providers are not available while our hosting service remains active and operational. Memorial pages must remain hosted through our platform during the active service period.

Where reasonably practical, advance notice of permanent service discontinuation will be provided. No future hosting, maintenance, transfer assistance, or availability is guaranteed beyond the current paid subscription term.

Service Fulfillment Schedule

To maintain consistent service quality and efficient route scheduling, all gravesite cleaning and flower placement services are performed during the first full week of the applicable service month.

Actual service dates may vary due to weather conditions, cemetery access restrictions, holidays, equipment availability, safety concerns, or other operational factors.

Customers acknowledge and agree that exact service dates cannot be guaranteed.

Annual Plan

One service visit per year.
Service completed during the first full week of the customer-selected month.

Bi-Annual Plan

Two service visits per year.
Services generally scheduled approximately six months apart.

Examples:

January & July
February & August
March & September
April & October
May & November
June & December

Quarterly Plan

Four service visits per year.

Examples:

January, April, July, October
February, May, August, November
March, June, September, December

Monthly Plan

Twelve service visits per year.
Service completed during the first full week of each month.

Cemetery Access & Site Conditions

Customers are responsible for ensuring that the gravesite can legally be serviced and that cemetery rules permit the requested services.

We reserve the right to refuse, delay, or cancel services if access is restricted, unsafe, prohibited by cemetery regulations, or otherwise impractical.

We are not responsible for delays caused by cemetery policies, weather, natural disasters, acts of God, labor disruptions, governmental actions, or circumstances beyond our control.

Limitation of Liability

To the maximum extent permitted by law, our total liability for any claim arising out of or related to our services shall not exceed the amount paid by the customer for the specific service giving rise to the claim.

Under no circumstances shall we be liable for indirect, incidental, consequential, special, emotional, sentimental, punitive, or exemplary damages, including loss of data, loss of memorial content, loss of business, loss of profits, or emotional distress.

Changes to Terms

We reserve the right to modify these Terms of Service and Policies at any time. Updated versions will be posted on our website and become effective upon posting unless otherwise stated.

Continued use of our services following any changes constitutes acceptance of the revised terms.

Contact Information

For questions regarding these Terms of Service, Privacy Policy, Memorial Page Services, or any of our offerings, please contact us using the information provided on our website.

Customers retain ownership of photographs, written tributes, biographies, videos, and other content submitted for inclusion on memorial pages. By submitting content, the customer represents and warrants that they have the legal right to use, reproduce, display, and publish such content.

The customer grants us a non-exclusive, worldwide, royalty-free license to host, display, reproduce, modify as necessary for formatting, and maintain submitted content for the purpose of providing memorial page services.

We reserve the right to refuse, remove, edit, or restrict content that is unlawful, defamatory, abusive, offensive, infringes upon intellectual property rights, violates privacy rights, or otherwise conflicts with our policies.

Customers are solely responsible for the accuracy and legality of any submitted content.

Indemnification

Customers agree to defend, indemnify, and hold harmless the company, its owners, employees, contractors, affiliates, successors, and agents from and against any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising from:

Customer-provided content;
Violations of these Terms of Service;
Unauthorized use of services;
Intellectual property disputes involving submitted materials;
Misrepresentations made by the customer;
Any actions or omissions of the customer related to the services provided.

Automatic Renewal & Subscription Services

Unless otherwise specified in writing, annual memorial page hosting, maintenance plans, flower placement services, and recurring care plans may automatically renew at the end of each subscription period.

Customers will be billed using the payment method on file unless canceled prior to the renewal date.

Customers are responsible for maintaining accurate payment information and ensuring sufficient funds are available for renewal charges.

We reserve the right to suspend or terminate services for failed, declined, disputed, or reversed payments.

If automatic renewal is not offered for a specific service, customers will be required to manually renew their subscription before expiration.

SMS, Email & Electronic Communications Consent

By providing a telephone number, email address, or other electronic contact information, customers consent to receive communications regarding their account, services, scheduling, reminders, updates, billing matters, customer support, and promotional materials.

Message and data rates may apply for text messages depending on the customer's wireless carrier and service plan.

Consent to receive marketing communications is not a condition of purchase. Customers may opt out of promotional communications at any time. Operational, transactional, and service-related communications may continue as necessary to provide services.

Memorial Page Content Responsibility

Memorial pages are created using information supplied by customers, family members, or authorized representatives.

While we may assist with formatting and presentation, we do not independently verify the accuracy, legality, completeness, or authenticity of submitted information.

Customers assume full responsibility for all content displayed on memorial pages, including biographies, photographs, videos, comments, links, and tributes.

We reserve the right to remove content that may expose the company to legal liability or violate applicable laws.

Force Majeure

We shall not be liable for any delay, interruption, reduction in service, or failure to perform resulting from causes beyond our reasonable control, including but not limited to:

Natural disasters;
Severe weather events;
Floods, fires, or earthquakes;
Utility or internet outages;
Cyberattacks or security incidents;
Government actions or regulations;
Labor shortages or strikes;
Cemetery closures or restrictions;
Pandemics, epidemics, or public health emergencies;
Third-party vendor failures.

Any affected obligations shall be suspended for the duration of the event and resumed when reasonably possible.

Governing Law & Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the state in which the company is principally located, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms, the website, memorial pages, or services provided shall first be addressed through good-faith negotiations between the parties.

If a dispute cannot be resolved informally, the parties agree that exclusive jurisdiction and venue shall reside in the state and federal courts located within the company's principal place of business, unless otherwise required by law.

Disclaimer of Warranties

All services, memorial pages, websites, content, and related offerings are provided on an "as-is" and "as-available" basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation.

We do not guarantee specific cleaning outcomes, flower longevity, website uptime, search engine rankings, memorial page traffic, or perpetual availability of any service.

Severability

If any provision of these Terms of Service is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms of Service, together with any service agreements, invoices, subscription details, privacy policies, and written communications expressly incorporated herein, constitute the entire agreement between the customer and the company regarding the services provided and supersede any prior understandings or agreements.