Notice: Please review the following Terms of Services before using this website.
The Batesville Connect Site at www.Batesville.com (“Site”) is offered by Batesville Casket Company, Inc., and its parent and affiliates (“Batesville”, “We”, “Us” or the “Company”). Batesville Connect and all use of it are governed by the following Terms of Service (“TOS”).
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, Inc., 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 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.
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.
Our Site provides You with access to Batesville online resources, including purchasing services, 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 "AS-IS" and that the Company assumes no responsibility for the timeliness, deletion, mis-delivery 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.
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:
You must not:
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.
The Batesville name, the terms Batesville Connect, Meaningful Selections, the Batesville and Batesville Connect logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and in accordance with these TOS. You agree not to use the Site:
The Site contains images and descriptions of Batesville’s products. Batesville reserves the right to change or update any products (including, without limitation, features, attributes, 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.
Batesville makes independent decisions about the wholesale prices we charge for our products. 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 alone are responsible for making all pricing decisions.
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. Invoice Price is the List Price less available discounts, plus any applicable surcharges, and pursuant to any applicable contract terms. Prices are subject to change without notice due to unforeseen cost increases, such as 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.
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 Customer.
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. Customers of Batesville must be creditworthy pursuant to Batesville’s credit policy. As noted above, all such customers are referred to in these TOS as Funeral Home Customers. Batesville will deliver caskets only to the Funeral Home Customer who orders and is invoiced for the caskets or to any branch of, or other entity that is under common ownership with, the customer who ordered and is invoiced for the caskets. Note: Batesville’s complete policy is available upon request from Your sales representative.
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:
The following products are NOT eligible to be returned:
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 our Terms of Sale, which are hereby incorporated into these TOS.
In addition to the terms set forth in these TOS, Batesville’s Meaningful Selections Services are subject to the terms of use that are incorporated here by reference as if fully restated herein. Where the Meaningful Selections Terms of Use conflict with these TOS, then the Meaningful Selections Terms of Use shall control for such conflicting provision.
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these TOS.
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.
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.
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.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
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.
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.
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 reasonable attorneys' fees) arising out of or relating to Your violation of these TOS or Your use of the Site, including, any use of the Site's content, services, and products other than as expressly authorized in these TOS, or Your use of any information obtained from the Site.
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.
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).
Any legal suit, action, or proceeding arising out of, or related to, these TOS or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in Ripley County, although we retain the right to bring any suit, action, or proceeding against you for breach of these TOS in Your country/state of residence or any other relevant country/state. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
At Company's sole discretion, unless otherwise agreed to in writing by Batesville and the You/Funeral Home Customer, Batesville may require You to submit any disputes arising from these TOS or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.
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.
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.
These Terms of Service 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.
This website is operated by Batesville Casket Company, Inc., 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: May 23, 2022
