Terms of Service

Terms of Service


(Terms and Conditions for the Purchase of

Licensing Rights to Use an Eturnal Niche ™)

This License Agreement (the “License Agreement” or “Agreement”) is between Eturnal Rest LLC,, a Wisconsin limited liability company (“Eturnal RestTM”) of N 56 W 39300 Wisconsin Avenue, Oconomowoc, Wisconsin 53066, and the Customer (the “Customer”) who accepts and agrees to these terms and conditions by purchasing the licensing rights for the use of an Eturnal Niche TM. In consideration of the foregoing and other good and valuable consideration, the parties hereto agree as follows:

  • Definitions:

    The following defined terms shall have the meanings set forth herein:

  • Columbarium:    An Eturnal Columbarium™consists of Eturnal NichesTM for the placement of the cremated remains. Each Eturnal Columbarium™ has a number of Eturnal Niches TM. The Eturnal Niches TM are designed for single or double use and the placement of more than two (2) persons is prohibited. The Eturnal Columbarium TM is or will be located at the address stated in the Eturnal Rest™ Order Confirmation at time of purchase.
  • Contact Information:    The name, address, telephone number and email address of the Customer and the Nominated Representative, as provided by notice to Eturnal Rest™ by the Customer or the Nominated Representative in writing from time to time. It is the responsibility solely of Customer to keep Eturnal Rest informed at all times of any changes in the Contact Information.
  • Customer:    The person who is stated in this License Agreement for use of Inurnment as provided by Eturnal Rest
  • Deceased Person:    The Deceased Person (which shall be either the Customer or another Eligible Person) to be inurned in the Eturnal Niche™.
  • Eligible Person:    Means the Customer or a spouse or lineal descendant of the Customer. For the avoidance of doubt, the term Eligible Person shall also refer to any unborn child (who, if born, would have been an Eligible Person) following a loss of pregnancy, regardless of the term of gestation.
  • Eturnal Niche™:    A compartment or space within an Eturnal ColumbariumTM, that is specifically designed to hold cremated remains of deceased individuals in Urns. Each Eturnal Niche TM shall have a unique number within the Eturnal ColumbariumTM. Only human remains may be placed in the Eturnal Niche™. Internal niche dimensions are 12” wide x 12” high x 9.31” deep.
  • Eturnal Niche Nameplate:   Each Eturnal Niche™ will have a single name plate attached to the front of the Eturnal Niche™. Where there are two Urns, both names will be printed on a single face plate.
  • Inurnment:    The placement of the remains of the Deceased Person that are in an Urn in an Eturnal Niche TM.
  • License Agreement:    A grant of right for use of Inurnment will be provided by Eturnal Rest™ to the Customer.
  • Nominated Representative:    A person who has been granted legal authority to make decisions and is recognized as such under the License Agreement.
  • Relevant Contacts:    The Customer and/or the Nominated Representative.
  • Urn:    A vessel specifically designed for the sole purpose of holding cremated remains of a person with the same degree of respect given to a human body. Each Urn must be of a size that fits into internal Niche dimensions are 12” wide x 12” high x 9.31” deep.
  • Certain Terms and Conditions:
  • Eturnal Rest™ shall provide Customer with one (1) Eturnal Niche™ in an Eturnal Columbarium™at the location specified in the Order Confirmation. The Eturnal Niche™ is to be used solely for the purposes of storing cremated human remains.
  • Eturnal Rest™ shall provide Customer with one (1) Eturnal Niche™ Nameplate.
  • Eturnal Rest™ will provide for the initial opening and closing of the Eturnal Niche™ for the initial Inurnment at a mutually convenient time, at no additional cost. Any further opening of an Eturnal Niche™ and/or removal of an Urn or cremated remains of a Deceased Person may be done by such person authorized by law to do so and upon compliance by such person with all requirements of applicable laws. Any such opening of an Eturnal Niche™ shall be done by Eturnal Rest™ at such reasonable time or times as are mutually convenient. Eturnal Rest™ may require, as a condition of complying with such a request, that the person making the request provide sufficient evidence of authority and sign a release and indemnity agreement protecting Eturnal Rest™ and others from certain potential liabilities.
  • Eturnal Rest™ shall maintain the Eturnal Columbarium™and each Eturnal Niche™ in good condition by taking reasonable precautions against defacement or defilement of the Eturnal NichesTM and EturnalNiche™ Nameplates.
  • Eturnal Rest™ shall maintain a record of each set of cremated remains placed in the Eturnal ColumbariumTM. The record shall include the name of the deceased, the deceased’s dates of birth and death, and information about the Relevant Contacts.
  • Eturnal Rest™ reserves the right to remove the Urns and cremated remains from the Eturnal Columbarium™and to cause the relocation of such Urns and remains in any other appropriate location, whether on the present property or elsewhere, upon the occasion of the relocation or discontinuance of the Eturnal Columbarium™for any reason.
  • Customer make all arrangements for Inurnment with Eturnal Rest™. Any services will be as prescribed by the facility where the Eturnal Columbarium™is located, in consultation with the family of the Deceased Person. Eturnal Rest™ is not responsible for hosting, directing, arranging, participating in or overseeing any services. No flowers (real or artificial), cards, pictures, other mementos or objects (except Urns) will be placed in the Eturnal Columbarium™or in the Eturnal Niche™
  • Only upon payment in full shall the Customer be allowed to exercise the Inurement rights provided for in this Agreement.
  • The continued management of the Eturnal Columbarium™is conditioned upon the property in which it is initially located continuing to be owned and operated by the participating property owner. In the event that the present property is sold or demolished, or if said property will no longer be operated by such owner, or is destroyed due to any casualty, then Eturnal Rest™ and such owner will: (i) seek to find an alternative location for the Eturnal ColumbariumTM; and (ii) contact the Relevant Contacts, granting them the option to reserve or use (as the case may be) an inurnment space equivalent to the Eturnal Niche™ in a replacement Eturnal ColumbariumTM, to the extent practical, or to have the Urn returned to them.
  • Customer acknowledges that the owner of the property where the Eturnal Columbarium™is located will establish rules and regulations regarding access to the same, and Customer agrees to fully abide by all such rules and regulations. Eturnal Rest™ does not control or warrant any specific times or conditions of access.
  • Customer shall be solely responsible to have the legal right to the mortal remains of the Deceased Person, and neither Eturnal Rest nor the owner of the property where the Eturnal Columbarium™is located shall be responsible for the identity of the remains that are to be inurned. Customer and Nominated Representation jointly represent and warrant that have the legal right to contract for the Inurnment of the Deceased Person.
  • Customer shall have the sole obligation to have the remains cremated and otherwise prepared and handled in accordance with the applicable laws of the State of Wisconsin and any and all other applicable laws, rules, ordinances or regulations, all at Customer’s sole cost and expense. Customer shall be sole responsible and liable for any costs and expenses associated with the cremation, the Urn, documentation from the crematorium proving the identity of the remains, and for bringing, shipping or transporting the Urn to the Eturnal ColumbariumTM.
  • Customer agrees that the sale of Eturnal Niche/sTM does not constitute the sale of a security or an interest in the underlying property but is solely a license agreement for Inurnment rights within the Eturnal Niche™. All ownership of the Eturnal Columbarium™remains with Eturnal Rest™ and all ownership of the underlying property remains with the participating property owner
  • Customer is responsible to maintain and preserve a copy of this License Agreement and proof of payment as evidence of its rights hereunder and to present the same to Eturnal Rest™ and/or the property owner upon request.
  • Miscellaneous:
  • Limitation of Liability/Waiver/Indemnity:

Eturnal Rest’s liability to any Eligible Person, his or her heirs, estate, personal representatives, or their respective successors or assigns, or anyone claiming by, through or under them, in connection with the ownership, use or maintenance of the Eturnal Columbarium™or the Eturnal Niche™ shall, to the fullest extent allowed by law, be limited to the fee actually paid for the right to use an Eturnal Niche™. Under no circumstances shall Eturnal Rest™ be liable for punitive, indirect, consequential or special damages. To the fullest extent allowed by law, the Customer, for itself and any and all Eligible Persons, expressly waives and releases any and all other claims, damages, liabilities, suits, costs and expenses by or against Eturnal Rest™ and its members, managers, agents, employees, successors and assigns. In addition, to the fullest extent allowed by law, the Customer, for itself and its heirs, successors and assigns, agrees to indemnify, defend and hold harmless Eturnal Rest™ and its members, managers, agents, employees, successors and assigns from and against any and all claims, damages, liabilities, suits, costs and expenses (including reasonable attorneys’ fees and costs) by any third party arising out of or related to this Agreement, except only those matter caused solely by the intentional misconduct or gross negligence of Eturnal Rest™ and its, managers, agents, employees, successors and assigns.

  • Amendment or Waiver of Rules: Eturnal Rest™ may amend this Agreement from time to time in any reasonable manner by publishing notice of the same, including without limitation posting the same on the Eturnal Rest™ website. Non-enforcement of any rights hereunder shall not constitute waiver of the same.
  • Data Protection: Eturnal Rest™ processes and stores personal data of the Deceased Person and the Relevant Contacts. Eturnal Rest™ shall take commercially reasonable steps to ensure that such data is held, used and processed in accordance with applicable laws, rules, ordinances and regulations. Eturnal Rest™ will not sell protected personal information to third parties for financial gain, but may, to the extent permitted by law, share such information with affiliates, partners, contractors and vendors to the extent necessary or appropriate to carry out this Agreement and for purpose incidental thereto. Please see our online privacy policy, which is hereby incorporated by reference, for more information. Eturnal Rest™ is not liable to Customer for any data breaches, loss of data, viruses, malware, interruption of services or other technical problems, issues or disruptions arising out of or related to this Agreement.
  • Governing Law. This Agreement shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions.
  • Jurisdiction/Venue. Each party hereto consents to the jurisdiction of the State courts located in Waukesha County, Wisconsin and the federal courts having jurisdiction in Wisconsin and agree that any such court is an appropriate venue for proceedings brought pursuant to this Agreement
  • Enforceability of Agreement/Remedies. If any provision or part of this Agreement is or becomes illegal or unenforceable, the court shall sever the illegal or unenforceable portions and shall enforce the balance thereof to the fullest extent allowed by law. Upon any default hereunder which is not cured within five (5) days of notice, the parties hereto may seek any and all such remedies as may be available at law or in equity. No other parties are intended third party beneficiaries of this Agreement.
  • Timely Performance or Lack of Performance. Eturnal Rest™ shall not be liable for any failure or delays in performance due to circumstances outside of its control, including without limitation weather, casualties, strikes, riots, civil unrest, wars, terrorism, pandemic, government action, fraud or crimes of others, or mistakes or delays of others.
  • Notices. Notices must be made by either party by in writing.
  • Intellectual Property.Any and all trademarks, copyrights, trade names, service marks and other proprietary intellectual property of Eturnal Rest™ now existing or hereafter existing, including without limitation such intellectual property as may be developed in connection herewith, are and shall remain the sole and exclusive property of Eturnal Rest™.
  • Warranties. Eturnal Rest™ offers no warranties beyond those expressly set forth herein and any implied warranties, including without limitation any implied warranty of habitability or merchantability are hereby disclaimed.
  • Non-Discrimination.span> Eturnal Rest™ and Customer agree that they will not discriminate in connection with this Agreement on the basis of race, religion, national origin, color, familial status, sex, disability or any other protected class or status; provided however, that nothing herein shall restrict or limit Customer, Eturnal Rest™ or the property owner from exercising their rights under the Freedom of Religion Restoration Act or the First Amendment of the U.S. Constitution in connection with this Agreement.
  • Assignment.The rights and obligations of this Agreement shall inure to the benefit of and be binding upon any successor or assigns of the parties hereto. Any Assignment by Customer shall be limited to Eligible Persons, upon notice to and acceptance by Eturnal Rest™.