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Storefront Universal Terms of Service

Last Updated: June 12, 2025

The following Storefront Universal Terms of Service (“Terms”) and Remembrance Store Order Form (“Order Form”) (together the “Agreement”) is by and between Batesville Casket Company, LLC (“Batesville”, or “we”, us”, or “our”), an Indiana limited liability company, and you, our funeral professional customer identified on the Order Form, and is made effective as of the date of electronic execution of the Order Form.  “Storefront” means the online store (whether hosted by Batesville, or its partner Shopify, or on a third party website) that is provided by Batesville to you.  This Agreement sets forth the terms and conditions of Your use of our Remembrance Store Storefront, e-commerce services, and any other services offered by Batesville for Remembrance Store (the “Service(s)”) and represents the entire Agreement between You and Batesville as to such Service. 

By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different, additional or supplemental terms, conditions or policies which Batesville may establish from time to time.  Any new features or tools which are added to the current Services will also be subject to the Terms. You can review the current version of the Terms at any time at https://www.batesville.com/remembrance-store-terms-of-service/.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms, including Batesville’s Acceptable Use Policy at  https://remembrancestore.com/pages/acceptable-use-policy (“AUP”) and Privacy Policy at https://remembrancestore.com/policies/privacy-policy, and, if applicable, the Supplementary Terms located at https://www.batesville.com/remembrance-store-terms-of-service/  ("Supplementary Terms"), before you may sign up for a Storefront Account or use any Service.

Please read these Universal Terms of Service, including any document referred to in these Terms, for the complete picture of your legal requirements. By using the Storefront or any Batesville Remembrance Store Services, you are agreeing to these terms.  Be sure to occasionally check back for updates.

1. Storefront Account Terms

  1. To access and use the Services, you must register with Batesville for a Storefront account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Batesville may reject your order to register for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account
  3. You confirm that you are receiving any Services provided by Batesville for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You acknowledge that Batesville will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”), and that such Primary Email Address will be the Account Administrator. You must monitor the Primary Email Address you provide to Batesville and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Batesville can only be authenticated if they come from your Primary Email Address.
  5. If we provide You with the ability to sign in to the Services using a username and password, You are responsible for keeping your password secure. Batesville cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
  6. Technical support in respect of the Services is only provided to Storefront Users. Questions about the Terms should be sent to the Remembrance Store Customer Support Team at 1-888-812-9177 or email at [email protected].
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Batesville.
  8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside the Storefront’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
  9. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
  10. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.“Materials” means Your Trademarks, copyright content, any products or services sold through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Batesville or its affiliates.
  11. “User Submitted Materials” has the same meaning as defined in the Terms of Use and Terms of Sale for Remembrance Store located at https://remembrancestore.com/pages/terms-of-use You acknowledge and agree that you have no right or license, or other intellectual property or moral rights to the User Submitted Materials.

2.0. Account Activation

2.1 Storefront Holder

  1. Subject to Section 2.1.b, the person signing up for the Service by executing a Remembrance Store Order Form to register for an Account will be the contracting party (“Storefront Holder”) for the purposes of our Agreement and will be the person who is authorized to use any corresponding Account we may provide to the Storefront Holder in connection with the Service. Batesville or its affiliate is the Storefront Owner, and its name, logo and other identifying information will be clearly visible on the Storefront’s website.
  2. If you are signing up for the Services on behalf of your employer, your employer will be the Storefront Holder discussed in Section 2.1(a). If you are submitting the Order Form and signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms.
  3. You agree to use the Storefront Checkout for all purchases of products through your Storefront.

2.2 Account Administrator You are responsible for: (a) ensuring Your employees, agents and subcontractors, including the Account Administrator, comply with these Terms; and (b) any breach of these Terms by the Storefront Account Holder’s employees, agents or subcontractors. The Storefront Holder acknowledges and agrees that Storefront Holder will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Storefront Holder.  The Account Administrator and your staff users of the Accounts are each referred to as a “User”.

2.3 Customer Support By default, we will provide customer support services as part of the Services to you, and to customers visiting and/or purchasing products via the Storefront for any of the products offered for Sale on the Storefront.  You cannot opt out of our customer support services for the Storefront customers.

2.4 Branding; Domain Names; and Marketing Services

  1. Branding. You authorize Batesville to co-brand the Services, including the Storefront, by using Batesville’s Remembrance Store Domain name and logo, including the wordmark of Batesville, along with your own company name and logo; however, you may do so only in accordance with the terms and conditions of the Intellectual Property section herein.
  2. Domain. Batesville will register for the domain name for the Storefront Account, which will automatically renew each year so long as your Storefront Account remains active. Your access to the domain for the Storefront Account may be terminated in accordance with this Agreement.
  3. Marketing Services. You agree that we (and our related companies) may market the Services with our branding to your customers, and you authorize us (and our related companies) to market the Services with your branding to the Storefront customers. From time to time, we also may make various marketing services available to you. The marketing services may include discounts, promotions, telemarketing services, email marketing services, and/or online advertising services, or print advertising (individually and collectively, “Marketing Services”). The Marketing Services are designed to assist you in more effectively marketing products and services in the Storefront to your customers. The Marketing Services will be offered on an opt-in basis. You acknowledge and agree that (1) the Marketing Services are provided for convenience only, and we make no representations or warranties regarding the same; (2) we reserve the right to modify, change, or discontinue any aspect of the Marketing Services at any time; (3) if you opt in to (or out of) the Marketing Services, it may take up to ten (10) business days for your changes to be effective; (4) all Marketing Services will be selected by us, and you will not be permitted to customize the Marketing Services; and (5) your participation in some Marketing Services, particularly discounts and promotions, could reduce your Commission Fees and/or result in negative Commission Fee payments.

3. Batesville Rights and Responsibilities

  1. Batesville will make available to you a “Product Catalog”, which is a list of products, product categories, and services that Batesville makes available to you for sale through your Storefront. Batesville solely determines the products and services available in the Product Catalog, and products will only be provided while supplies last.
  2. Batesville may suggest retail pricing or promotional pricing to you for products and services to be sold through your Storefront from the product categories selected from the Product Catalog. For any products in the Product Catalog that Batesville may designate as “Final Sale” or “Clearance” items (as defined in the TOU), it may identify such products on the Storefront without prior notice to you.
  3. The Services have a range of features and functionalities. Not all Services or features will be available to all customers at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
  4. Batesville does not pre-screen Materials (defined below) and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms.
  5. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Batesville employee, member, or officer, as well as any User, will result in immediate Account termination.
  6. We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Batesville contractors may also be Shopify customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 7) in doing so.
  7. In the event of a dispute regarding Account Holder ownership, we reserve the right to request documentation to determine or confirm Account Holder ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
  8. Batesville reserves the right to determine, in our sole discretion, rightful Account Holder ownership and transfer an Account to the rightful Storefront Account Holder. If we are unable to reasonably determine the rightful Storefront Account Holder, without prejudice to our other rights and remedies, Batesville reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
  9. Batesville will be responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale through the Services. Any contract of sale made through the Services is directly between Batesville and the customer.

4. Your Responsibilities

  1. Batesville as Seller: You acknowledge and agree that the Storefront is owned by Batesville and any contract for the sale of products and services made through the Services is directly between Batesville and the customer. Batesville will be the seller or merchant of record and will have responsibility for order fulfillment, payment processing, returns and refunds, and shipping the products sold to customers through the Services, except as otherwise provided in these Terms.
  2. Remembrance Store Terms of Service and Terms of Sale. You acknowledge and agree that the Remembrance Store Terms of Use and Terms of Sale (TOU) will be displayed on your Storefront and control all use of the Storefront and sale of products and services offered through the Storefront. You further agree that Batesville may modify and update the TOU at any time without notice to you, and in accordance with the TOU.
  3. Refunds and Returns. You acknowledge and agree to the Refund & Return terms and conditions for all purchases made through the Storefront, and order fulfilment timelines on your Storefront as set forth in the TOU. For the avoidance of doubt, Batesville will determine in its sole discretion whether a product or service may be refunded or returned in accordance with the TOU. If you elect to return or refund any order, product or service purchased via Storefront to a customer, then you do so at your own risk and Batesville will not be responsible for payment of any refunds or other fees to you or the customer, nor is it obligated to accept any products as a return from you or a customer. If you are contacted about a refund or return inquiry from a customer, you must refer them to the Remembrance Store Customer Care Team at 1-888-812-9177 or email at [email protected].
  4. Customer Referrals. You agree to make good faith efforts to refer your customers and potential customers to the Storefront and Services.
  5. Product Selection and Pricing. You agree that the only products that may be sold through the Storefront are those made available to you in the Product Catalog. You may set your own pricing and pricing rules for the categories of products you select from the Product Catalog to be displayed in the Storefront. Batesville may make suggestions as to the retail price of products in the Product Catalog, and such price will be displayed by default for the product categories you selected for your Storefront; however, you may set your price at the suggested retail price, or modify the retail price. Batesville may also suggest certain promotional prices for products from time to time, and you may elect to offer the promotional prices in the Storefront.
  6. Compliance with Laws. You may not use the Services, including the Storefront, for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms.
  7. Batesville Checkout. You agree to use Batesville’s Checkout process for any sales associated with your Storefront. “Batesville’s Checkout” means the checkout experience within the Storefront that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order.

5. Commission Fees and Taxes

  1. Commission Fees. “Commission Fees” are paid monthly and represent commission fees earned in the immediately preceding month. For each product and services sold via the Services, your commission will be calculated based on the retail sale price on a product and/or service ordered by a customer, which is then multiplied by your commission rate set forth in the Remembrance Store Order Form, less any commission fees attributable to a refund made to customers for orders in the preceding twelve (12) months. Commission Fee payments can be cancelled or suspended at any time due to suspicion of fraud. Batesville, in its sole discretion, may setoff any Commission Fees owed to you by any amounts you may owe Batesville for the sale of products or services to you directly. No Commission Fees will be earned on sale of gift cards.
  2. Payment Method. You must keep a valid deposit account on file with us to receive payment of Commission Fees via ACH. You hereby authorize Batesville to initiate and post entries to the deposit account(s) that you designate, both (i) credit (positive) entries for Commission Fee payments and (ii) debit (negative) entries to reverse erroneous Commission Fee payments and/or make adjustments to incorrect Commission Fee payments. The authority granted to us by you or the deposit account owner(s) will remain in full force and effect until we or the depository institution have received written notification from you or the deposit account owner(s) that such authority has been revoked or until the termination of your Reseller account. The issuer of your Payment Method or an intermediary may charge you additional fees to receive funds. Please check with the issuer of your Commission Fee payment method for details. You have 60 days from the date of the Commission Fee payment or reverse entries to your account to dispute the amount, and after such time, such payment or reverse entry cannot be disputed.
    You acknowledge and agree that Commission Fee payments may take 1-5 business days to be posted to the deposit account once they are initiated, depending on the Payment method and currency selected. Batesville expressly disclaims any liability or responsibility regarding the same. All Commission Fee payments will be in U.S. currency.
  3. If we are not able to process the Commission Payment using an authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully pay a Commission Payment using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account may be reactivated upon receipt of a valid Payment Method. You may not be able to access your Account or your Storefront during any period of suspension. Batesville reserves the right to terminate your Account in accordance with Section 15.
  4. All Commission Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of earning your Commission Fees.

6. Payment Processing

You agree that Batesville may process all orders, including all payments for such orders, shipping fees, personalization fees, etc. as set forth in the TOU.  You further acknowledge and agree that Shop Pay will automatically appear as an accelerated checkout option on the Storefront’s Checkout page.   You agree to be bound by the Shop Pay Merchant Terms of Service, as they may be amended from time to time, which are effective as of the date of posting. Your continued use of the Services after the amended Shop Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Shop Pay Merchant Terms of Service. If you do not agree to any changes to the Shop Pay Merchant Terms of Service, it is your responsibility to terminate this Agreement in accordance with Section 15.

7. Confidentiality

  1. “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Batesville’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices, as well as the customer, user and order information obtained through the Storefront.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms and in accordance with any other obligations in these Terms including this Section 7. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms.

8. Limitation of Liability and Indemnification

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Batesville and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms (however arising, including negligence).
  2. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Batesville partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and the Storefront Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms.
  3. You will be responsible for any breach of the Terms by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
  4. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  5. Batesville does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  6. Batesville does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  7. Batesville is not responsible for any of your tax obligations or liabilities related to the use of the Services.
  8. Batesville does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

9. Intellectual Property and Your Materials

9.1. Your Materials

Batesville does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

  1. If you owned the Materials before providing them to Batesville then, despite uploading them to your Storefront they remain yours, subject to any rights or licenses granted in the Terms or elsewhere. You can remove your Storefront in accordance with Section 15 below. Removing the URL for your Storefront from your website does not terminate any rights or licenses granted to the Materials that Batesville requires to exercise any rights or perform any obligations that arose during the Term
  2. You agree that Batesville can, at any time, review and delete any or all of the Materials submitted to the Services, although Batesville is not obligated to do so.

9.2. Batesville Intellectual Property

  1. Accept as otherwise provided in these Terms or other written agreement between you and Batesville, You agree that you may not use any trademarks, logos, or service marks of Batesville, or its third party partners such as Shopify, whether registered or unregistered, including but not limited to the word marks Batesville, Remembrance Store, SHOPIFY, the word mark SHOP, the word mark SHOP PAY, and the “S” and shopping bag design mark, and the trademarks of Batesville products and services from the Batesville Product Catalog (“Prohibited Trademarks”) unless you are authorized to do so by Batesville in writing. You agree not to use or adopt any marks that may be considered confusing with the Prohibited Trademarks. You agree that any variations or misspellings of the Prohibited Trademarks would be considered confusing with the Prohibited Trademarks.
  2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Batesville or Shopify or that use or include any terms that may be confusing such marks.
  3. You acknowledge and agree that the Terms do not give you any right to implement patents related to the Storefront

10. Additional Services

10.1. Shipping. Batesville will deliver products ordered through the Storefront to customers pursuant to the TOU.  If you elect in the Order Form to accept delivery of products ordered by customers purchasing products from the Storefront, you will be provided notice of shipping of such products to you.

10. 2. Theme of Storefront.  Batesville may establish the appearance of your Storefront (“Theme”), which may be modified at any time without notice to you.  Such Theme may only be used on the Storefront and you do not have a license to use it for any other purpose, nor may it be transferred or assigned to any third party.   The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted to you in these Terms, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Batesville or its partners may take administrative action such as modifying your Storefront or closing your Storefront.

10.3. Shopify Email

  1. We and our Services partner(s) employ certain controls to scan the content of emails deliver using the email services (“Email Services”) within the Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms (collectively, “Threats”). By using the Services, you explicitly grant Batesville and its third party partners the right to employ such Content Scanning for Email Services. Batesville and its third party partners do not warrant that the Email Services will be free from Threats.
  2. IF GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES IS ENABLED FOR YOUR ACCOUNT, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). BATESVILLE, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
  3. If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify Batesville at [email protected]. Batesville will determine compliance with the Email Services Requirements in its discretion.
  4. Batesville’s Email Services utilize Third Party Providers, including Shopify, and SendGrid (a Twilio Company). Your use of the Email Services via the Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.

10.4. Third Party Services

  1. Batesville may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. IF GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES IS ENABLED FOR YOUR ACCOUNT, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). BATESVILLE, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
  3. Any use by you of Third Party Services offered through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Batesville may receive a revenue share from Third Party Providers that Batesville recommends to you or that you otherwise engage through your use of the Services, or the Storefront.
  4. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Batesville has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Batesville. Batesville does not guarantee the availability of Third Party Services and you acknowledge that Batesville may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Batesville is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Batesville strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates.
  5. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Batesville is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
  6. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Batesville is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  7. Under no circumstances will Batesville be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Batesville has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
  8. g. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Batesville partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

10.5. Beta Services

From time to time, Batesville may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Batesville Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Batesville’s prior written consent. Batesville makes no representations or warranties that the Beta Services will function. Batesville may discontinue the Beta Services at any time in its sole discretion. Batesville will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Batesville may change or not release a final or commercial version of a Beta Service in our sole discretion.

11. Feedback and Review

Batesville welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Batesville be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Batesville (whether submitted directly to Batesville or posted on any Batesville hosted forum or page), you waive any and all rights in the Feedback and that Batesville is free to implement and use the Feedback if desired, as provided by you or as modified by Batesville, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Batesville must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Batesville reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

12. DMCA Notice and Takedown Procedure

Batesville supports the protection of intellectual property and asks you to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our customers is infringing their intellectual property rights, they can send a DMCA Notice to Batesville designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, you can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.  See the TOU to learn more.

13. Privacy and Data Protection

Batesville is firmly committed to protecting the privacy of your personal information and the personal information of your customers, and the users and customers of the Storefront. By using the Services, you acknowledge and agree that Batesville’s collection, usage and disclosure of this personal information is governed by our Privacy Policy. 

14. Batesville Contracting Policy

If your address on the Remembrance Store Order Form is located in the United States or Canada, this Section 13(1) applies to you.  The Batesville contracting party under these Terms with you is Batesville Casket Company, LLC, located at One Batesville Boulevard, Batesville, IN 47006.  The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Indiana with respect to any dispute or claim arising out of or in connection with the Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

15. Term and Termination

We may terminate your Account at any time.

  1. The term of this Agreement will begin on the date of your completed registration for use of a Service via the Remembrance Store Order Form and continue until terminated by us or by you, as provided below (the “Term”).
  2. You may cancel your Account and terminate the Terms at any time in writing by contacting Remembrance Store Customer Support at 1-888-812-9177 or email at [email protected] and then following the specific instructions indicated to you in Batesville’s response.
  3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms will be without prejudice to any rights or obligations which arose prior to the date of termination.
  4. Upon termination of the Services by either party for any reason:

    1. Batesville will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms, you will not be entitled to any refunds of any Commission Fees, pro rata, or otherwise;
    3. any outstanding balance owed to Batesville for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your Storefront will be taken offline.
  5. If there are any outstanding fees owed by you to Batesville related to the Services at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

16. Modifications

  1. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms at any time. We will provide you with reasonable advance notice of changes to the Terms that materially adversely affect your use of the Services or your rights under the Terms by sending an email to the Primary Email Address, or by similar means. However, Batesville may make changes that materially adversely affect your use of the Services or your rights under the Terms at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms as amended. If you do not agree to the amended Terms, you must stop accessing and using the Services
  2. Batesville may change the Commission Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Commission Fees by sending an email to the Primary Email Account, or by similar means. Batesville will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

17. General Conditions

  1. These Terms, including the documents it incorporates by reference, constitute the entire agreement between you and Batesville as to the Services, and govern your use of the Services and your Account, superseding any prior agreements between you and Batesville related to the Services, Storefront, or Account (including, but not limited to, any prior versions of the Terms).
  2. The failure of Batesville to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms will remain in full force and effect.
  3. Save for Batesville and its affiliates, you or anyone accessing Batesville Services pursuant to these Terms, unless otherwise provided in these Terms, no person or entity who is not a party to these Terms will have any right to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
  4. The Terms will be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to principles of conflicts of laws.
  5. The Terms may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms and Batesville’s Terms available in another language, the most current English version of the Terms at https://www.batesville.com/remembrance-store-terms-of-service/ will prevail. Any disputes arising out of these Terms will be resolved in English unless otherwise determined by Batesville (acting in its sole discretion) or as required by applicable law.
  6. All the terms and provisions of the Terms will be binding upon and inure to the benefit of the parties to the Terms and to their respective heirs, successors, permitted assigns and legal representatives. Batesville will be permitted to assign these Terms without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without Batesville’s prior written consent, to be given or withheld in Batesville’s sole discretion.
  7. If any provision, or portion of the provision, in these Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and the Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms.
  8. On termination, all related rights and obligations under the Agreement immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Commission Fees & Taxes), 7 (Confidentiality), 8 (Limitation of Liability and Indemnification), 9 (Intellectual Property and Your Materials),10 (Third Party Services), 11 (Feedback and Reviews), 13 (Privacy and Data Protection), 15 (Cancellation and Termination), 16(a) (Modifications), and 17 (General Conditions) will survive the termination or expiration of these Terms.