Terms of Service for Batesville Connect^™

Notice: Please review the following Terms of Services before using this website and any linked applications..

Welcome to the Batesville Connect Site at www.Batesville.com, including the Family Choices® Digital Showroom (the “Site”), offered by Batesville Casket Company, LLC (“Batesville”, “We”, “Us”, “Our” or the “Company"). These General Terms of Service (“TOS”) govern Your use of and access to Our Site, as well as Our provision of products and services, unless otherwise agreed upon in writing.

This is a legal agreement between You, on behalf of the Funeral Home Customer (defined below) that You work for or represent in some capacity, and Batesville Casket Company, LLC, and by viewing, using, accessing, browsing or submitting any content or material on or to this Site, You represent and warrant that You are fully authorized to act on behalf of the Funeral Home Customer, acknowledge that You have read and understand all the terms and conditions of these TOS and agree to be bound by them, as well as Our Privacy Policy (which is incorporated herein by reference), to the fullest extent permitted by applicable law. If you do not agree to the terms and conditions of these TOS, do not use this Site for any purpose.

Additional terms may also apply to specific products, services and brand offerings. Finally, certain offline or online services, promotions, events and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising or in person, and those additional terms and conditions are incorporated herein by reference. If there is a conflict between these TOS and the terms posted for or applicable to a specific portion of the Site or for any service or product offered on or through the Site or written agreement with the Funeral Home Customer (defined below), the latter terms shall control with respect to Your use of that portion of the Site or the specific product or service offered.

Updates and Modifications

We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Site thereafter. You agree that each visit you make to the Site and your continued use of our Site shall confirm that You have read, accepted and agreed to be bound by such modifications of the TOS. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

Definitions

FH End User: Your customers and potential customers who are purchasing funeral, burial, and/or cremation services and other products from Your Funeral Home.
Funeral Home Customer (including You): Funeral professionals who are state licensed and operate state licensed funeral establishments, or in the absence of state licensing requirements, full service funeral establishments offering both funeral goods and funeral services in conformance with state law, and which is the party that is purchasing the products or services as identified on relevant purchase orders, service orders or other agreements with Batesville. “You” refers to all representatives of the Funeral Home Customer who have been authorized by the Funeral Home Customer to have access to the Site for the purpose of using the Services on behalf of such Funeral Home Customer.
Family Choices Digital Showroom: (or the “Digital Showroom”) (formerly known as “Meaningful Selections”): A digital merchandising application and virtual showroom that allows Funeral Home Customers to view Batesville products, the personalization options for those products, makes product suggestions, and provides interactive design tools that enable viewing examples of personalized products for the FH End User.
User Submitted Materials: Any materials submitted by You, whether individually or on behalf of a Funeral Home Customer, including without limitation, photographs, videos, images of any kind, text, graphics, thumbprint images, handwriting, and other materials.

Description of Service

Our Site provides You with access to Batesville online resources, including product selection, purchasing, information about offerings related to burial or cremation products and services, and the personalization of such products for FH End users, as well as educational and other resources for professionals (the "Service"). Any new Service features shall be subject to the TOS. Unless otherwise agreed to in writing with Batesville, You understand and agree that the Service is provided "ASIS" and that the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. To use the Service, You must obtain access to the World Wide Web, pay any service fees for such access, and provide all equipment necessary to make such connection.

Site Account Registration, Accessing Site, Privacy & Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for You to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these TOS and comply with them.
To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information you provide on the Site is correct, current, and complete. By completing a registration for or logging into the Site, You have applied to access and use the Site, to conduct legitimate business transactions with Batesville of behalf of a Funeral Home Customer for the purpose of serving its customers and potential customers. You may be required to be logged in to the account and have a valid payment method associated with the Funeral Home Customer account.
All information we collect about you on this Site, including the registration process, is subject to our Privacy Policy available on Batesville.com and through your account profile on the Site. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which may be modified and amended from time to time without notice.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for access to the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Site account is personal to You and agree not to provide any other person with access to this Site or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security by contacting us at 1-800-297-6177 or [email protected], and that you will furnish details of such occurrence; assist in preventing any recurrence thereof; and cooperate in any proceedings undertaken to protect the rights of Batesville. You also agree to ensure that you exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOS.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOS.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Batesville, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the TOS, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Batesville. Any use of the Site not expressly permitted by these TOS is a breach of these TOS and may violate copyright, trademark, and other laws. While We are not obligated to review User Submitted Materials for copyright or trademark infringement, We are committed to protecting copyrights and trademarks and expect You to do the same.

Trademarks

The Batesville name, the terms Batesville Connect, Family Choices, the Batesville and Batesville Connect logos, Tree logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The tradenames, trademarks and service marks owned by Us, whether registered or unregistered, may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our tradenames, trademarks or service marks without our express written consent. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Copyright

DMCA Take-Down Notice: If you believe your copyright or other rights have been infringed on this Site, you may provide our Designated Agent below with a written notice with the following information, to the following address:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
b. A description of the copyrighted work or other work that you claim has been infringed
c. A description of where the material that you claim is infringing is located on our Site
d. Your address, telephone number, and email address
e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Copyright Agent:
Batesville Casket Company, LLC
Attn: Legal Department, General Counsel
One Batesville Boulevard
Batesville, Indiana 47006

Idea Submissions

Many individuals and Funeral Home Customers are interested in submitting ideas and suggestions for Our Site, products and services, either independently of, or in conjunction with, our internally developed concepts. We appreciate the interest shown in improving Our Site, products and services; however, please note that any such ideas or suggestions that you submit will be owned by Us, and You hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Us. If You intend to retain any intellectual property rights in Your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to Us without our prior written approval.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these TOS. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. /li>
To send, knowingly receive, upload, download, use, or re-use any material that does not comply set out in these TOS.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To use the Site to send to any individual unlawful, threatening, abusive, harassing, bigoted or hateful, derogatory, libelous, defamatory, vulgar, obscene, pornographic, indecent or any other communication that would violate any law or the rights of others under applicable law.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site with the exception of any user that a Funeral Home Customer has indicated is no longer authorized to have access to the Site or portions of the Site, or which, as determined by Us, may harm Batesville or users of the Site, or expose them to liability.

Additionally, You agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these TOS, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.

Product Descriptions, Images, and Engravings

The Site contains information about Batesville’s products and services. Images and renderings on the Site, including for engravings, are for illustration purposes only and may not be an exact representation of the actual product, including color variation. Batesville reserves the right to change or update any products (including, without limitation, features, attributes, specifications, and descriptions) at any time without notice to You. While Batesville strives to maintain accurate product information and images both digitally and in print, (1) product changes may potentially result in the existence of outdated product information, and (2) actual products delivered may contain slight design/color variations from those depicted on the Site. In addition, Batesville does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, Your sole remedy is to return it in unused condition, and any casket returns are further subject to the Return Policy section below.

You must verify the accuracy of the information provided for any product order with engraving services, as well as verify the accuracy of any images, including those with thumbprints, fingerprints, or handwriting that are provided for product personalization

Materials You Submit to the Site or Batesville

You will retain ownership of User Submitted Materials, and You grant Us and Our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service You request or to show You how Your User Submitted Materials would appear in Our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a product selection from Family Choices Digital Showroom with Your customers or their friends and family, We will accommodate Your request by making Your photographs available to such individuals to view such products with those User Submitted Materials.

Please note that, while You retain ownership of Your User Submitted Materials, any template or layout in which You arrange or organize such User Submitted Materials through tools and features made available through any of our Sites are not proprietary to You, and the rights to such template or layout will remain with Us.

You represent and warrant that You own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.

You consent to the use of Your likeness provided in any User Submitted Materials, and/or You have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these TOS, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and You agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If You do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.

You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these TOS or to comply with legal obligations or governmental requests.

User Submitted Materials that violate these TOS may be removed from our Site; provided, however, that We have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Site. We recommend You keep back-up copies of Your User Submitted Materials on Your hard drive or other personal system.

We will retain User Submitted Materials in accordance with our document retention policy and reserve the right to delete or destroy such materials from the Site at any point without notice to You.

Pricing Policy

Batesville makes independent decisions about the wholesale prices we charge for our products in a delivery area (“List Price”). Likewise, You make independent decisions about the retail prices You charge for Your products and services. As a service to You, we may make suggestions about the prices You charge families for Batesville products. However, our input is a suggestion only and You are solely responsible for making all pricing decisions for products offered to Your customers.

The caskets and alternative containers displayed in the Family Choices Digital Showroom, including the Personalized Journey for a family or the Product Gallery, may not be on your Casket Price List but are available for purchase through Your local Batesville Customer Service Center, while supplies last. Please contact your Batesville Sales Representative, if you would like assistance with preparing an updated Casket Price List with all available offerings from the Family Choices Digital Showroom.

Unless stated or agreed upon otherwise in writing, the price shown for any product on a Batesville price list is the List Price. Net Price means the List Price less available discounts (before rebate programs, if any), plus any applicable surcharges, and pursuant to any applicable contract terms. In addition to the Net Price, products purchased may be subject to additional service and processing fees such as, a non-refundable credit card processing fee (where permitted by law) at 3.5%, expedited delivery fees, customization fees, and sales and similar taxes. Net prices shown for urns are for non-personalized urns only. In Batesville’s sole discretion, certain products may only be offered at Net Price and no discounts or rebates are applicable to purchases, but such purchase will count towards rebate tiers in applicable contracts. Prices are subject to change in Batesville’s sole discretion and without notice such as due to unforeseen cost increases (e.g., for imported products, raw materials, fuel, and currency fluctuations). We carefully check pricing, but occasionally errors can occur, and therefore, We reserve the right to change the Prices on the Site without prior notice.

If You are a not a Site administrator account user for the Funeral Home Customer, then the Prices shown on the Site after You have logged into your account is the List Price. If You are a Site administrator account level user for a Funeral Home Customer, then the Price shown on the Site after You have logged into your account is the List Price, less available discounts pursuant to applicable payment terms.

Any pricing information displayed is intended only for You, as our Funeral Home Customer. Such information is proprietary and confidential to Batesville and may not be shared with any person or entity not employed by Your Funeral Home.

Sales and Delivery Policy Summary

It is the policy of Batesville to sell its caskets only to licensed funeral professionals who operate licensed funeral establishments or, in the absence of state licensing requirements, to full-service funeral establishments offering both funeral goods and funeral services in conformance with the law (“Qualified Funeral Home Customer”). Funeral Home Customers of Batesville must be creditworthy pursuant to Batesville’s credit policy, as determined in its sole discretion. Batesville will deliver caskets only to the Qualified Funeral Home Customer who ordered and is invoiced for the caskets or to any branch of, or other entity, including a Cemetery Affiliate that is under common ownership with the Qualified Funeral Home Customer who ordered and is invoiced for the caskets. However, a Cemetery Affiliate may not order or be invoiced for Caskets. Note: Batesville’s complete policy is available upon request from Your sales representative.

Return Policy

Batesville strives to offer the utmost flexibility with our casket return policy. Under the return policy, with the exceptions noted below, any CSC coreline serialized product returned by a customer within 12 months from the invoice date is subject to the following conditions:

If the return is requested within 6 months after the invoice date, there will be no charge** to the Funeral Home Customer.
If the return is requested more than 6 months, but less than 12 months after the invoice date, a 25% restocking fee** will be charged to the Funeral Home Customer.
If the product was damaged after delivery, the customer may be assessed a 10% refurbishing charge for such damage.

Credit card processing fees for any products purchased by credit card are nonrefundable.

The following products are NOT eligible to be returned:

Custom (including personalized), obsolete, discontinued or non-coreline products;
Product returns requested more than 12 months after the invoice date; or
Products purchased on any marketing or old age discount promotion

Product Purchases and Other Terms and Conditions

All purchases through our Site or other transactions for the sale of goods or services formed through the Site, or resulting from visits made by You, are governed by these TOS and our Terms of Sale, which are hereby incorporated into these TOS.

Order Forms, Registration Forms, and Electronic Communications

When You use this Site or send e-mails and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through the other Batesville services, and you can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that we provided to you electronically satisfy any legal requirement that such communications be in writing.

This Site also uses forms to generate e-mails, which are then used to submit order inquiries, submit registration information, and other business processes. Batesville explicitly states that these forms do not constitute any agreement between Batesville and the person submitting the form and/or You/Funeral Home Customer. Batesville expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact Batesville directly via telephone.

E-mail that is sent to Batesville is transmitted via the Internet. Batesville is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.

Links from the Website

If the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Monitoring and Enforcement; Termination

We have the right to:

In the event that You make any content contributions to the Site, we may remove or refuse to post any such contributions for any or no reason in our sole discretion.

Take any action with respect to any activities around Your use that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the TOS, infringes any intellectual property right or other right of Batesville or any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Batesville or its parent or affiliated companies.

Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend Your access to all or part of the Site for any or no reason, including without limitation, any violation of these TOS.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT AND AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Geographic Restrictions

The owner of the Site is based in the State of Indiana in the United States. We provide this Site for use only by persons located in the United States and Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States or Canada, You do so on Your own initiative and are responsible for compliance with local laws.

Website Accessibility Statement

Batesville is committed to providing access to its services to all individuals, including through an accessible website. If You have any difficulty accessing our products or services via the Site due to Your disability, please contact us at 1-800-622-8373.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Warranties for caskets and urns purchased through the Site are not controlled by the above, and are provided with such product.

Limitation on Liability for Site Use

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS PARENT, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Batesville, its parent and affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) Your violation of these TOS, any other agreement or terms of use with Us, any representation or warranty contained herein or therein, or any applicable law; (ii) Your User Submitted Materials; (iii) Your use of the Site, including, any activities in connection with Your use of the Site's content, services, and products other than as expressly authorized in these TOS; (iv) Your use of any information obtained from the Site; or (v) any activity related to access to or use of Your account by Your or any other person.

Dispute Resolution

In the event of a dispute between the parties arising out of or relating to this Agreement (“Dispute”), face to face negotiations will be conducted by a senior officer of Batesville and the correspondingly senior officer of Funeral Home Customer. If such representatives are unable to resolve the dispute within five (5) days after the parties have commenced negotiations, or ten (10) days after the initial request for negotiations at this level, then either party may proceed with further litigation as it sees fit.

Governing Law and Jurisdiction

All matters relating to the Site and these TOS, and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, unless otherwise agreed to in writing between Batesville and Funeral Home Customer, shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Arbitration

Limitation to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.

If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.

Entire Agreement

These TOS and all terms, policies and other documents incorporated herein, constitute the sole and entire agreement between You/Funeral Home Customer and Batesville regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

This Site is operated by Batesville Casket Company, LLC, located at One Batesville Boulevard, Batesville, Indiana 47006. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].

Effective Date: April 2, 2025

Terms of Service for Batesville Connect™