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Terms and Conditions

Thank you for visiting the Bath Planet website located at www.bathplanet.com (the “Site”). The Site is an Internet property of BCI Acrylic, Inc. (“Company,” “we,” “our” or “us”). The following Bath Planet Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Bath Planet Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he:

By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY DEALERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT. NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

PLEASE BE ADVISED THAT COMPANY DOES NOT ITSELF PROVIDE ANY RENOVATION SERVICES AND/OR THE THIRD-PARTY DEALER RENOVATION PRODUCTS (COLLECTIVELY, “DEALER PROVIDED BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES”). THE ULTIMATE TERMS AND CONDITIONS OF ANY DEALER PROVIDED BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE OFFERINGS WILL BE DETERMINED BY THE APPLICABLE THIRD-PARTY DEALER. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR PRICING MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THE THIRD-PARTY DEALERS, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR PRICING IS/ARE ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR PRICING. RELIANCE ON ANY INFORMATION MADE AVAILABLE TO YOU BY AND THROUGH THE SITE OFFERINGS, INCLUDING THE CONTENT, IS SOLELY AT YOUR OWN RISK.

  1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
  2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.Company may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
  3. Contact Services; Find a Dealer Search; Career Opportunity Listings.
    • (a) Contact Services. By and through the Contact Services, Company provides Users with an opportunity to: (i) schedule a consultation with a Company representative or a Third-Party Dealer representative to discuss bathroom renovation products and/or services as offered and provided by Third-Party Dealers; and (ii) request to be contacted in connection with bathroom renovation products and/or services as offered and provided by Third-Party Dealers. Please be advised that Company does not itself provide Dealer Provided Bathroom Renovation-Related Products and/or Services, and the ultimate terms and conditions of any product or service provided by the Third-Party Dealers will be determined by the applicable Third-Party Dealers.
    • (b) Find a Dealer Search. By and through the Find a Dealer Search functionality, Company provides Users with an opportunity to locate participating Third-Party Dealers by zip code. You understand and agree that Company shall not be liable to you or any third-party for any claim in connection with your use of, or inability to use, the Find a Dealer Search functionality.
    • (c) Career Opportunity Listings. By and through the Career Opportunity Listings, Company provides Users with an opportunity to access information regarding employment opportunities available with Company. Any employment with Company shall at all times remain subject to a separate employment agreement to be negotiated and entered into between Company and the applicable prospective employee. COMPANY RESERVES THE RIGHT TO REJECT ANY EMPLOYMENT APPLICATION FOR ANY REASON, IN ITS SOLE AND ABSOLUTE DISCRETION. You understand and agree that Company shall not be liable to you or any third-party for any claim in connection with your inability to obtain employment with Company.
  4. Registration. Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) your full name; (b) your mailing address; (c) your e-mail address; (d) your telephone number; (e) your resume (where applying for a position contained in the Career Opportunity Listings); and/or (f) any other information requested by us on the applicable registration Form (“Contact Data”).
    In addition, where you apply to the Dealer Program, Company may collect some or all of the following about you and the business entity that you represent (“Entity”): (i) full name/Entity’s name; (ii) e-mail address; (iii) mailing address/Entity’s mailing address; (iv) telephone number/Entity’s telephone number; (v) the Entity’s website address; (vi) how many years the Entity has been in business; and/or (vii) any other information requested by Company (“Dealer Program Data,” and together with the Contact Data, the “Registration Data”).
    Without limiting the foregoing, upon entering personal information and clicking on the applicable submission button on the Site: (A) Company may pass your Contact Data along to the Third-Party Dealers; and/or (B) you may be contacted by Company and/or the Third-Party Dealers regarding your request for bathroom renovation products and/or services. Any information that you supply to the Third-Party Dealers shall be governed by those third-party entities’ privacy policies. Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone. You agree to provide true, accurate, current, and complete Registration Data and to update same as necessary in order to maintain it in a current and accurate fashion. Company’s use of the Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please click here.
  5. Non-Endorsement; Passive Conduit.
    • (a) Company operates the Site and Site Offerings as a passive conduit. Company does not sponsor, recommend, or endorse any Third-Party Dealers and/or the Dealer Provided Bathroom Renovation-Related Products and/or Services offered by those Third-Party Dealers, including associated installation services. The Site facilitates communication between Third-Party Dealers and potential customers.
    • (b) Company has no control over the quality of the Third-Party Dealers and/or their Dealer Provided Bathroom Renovation-Related Products and/or Services.
    • (c) Company does not guarantee that Users will successfully qualify for the bathroom renovation products and/or services featured by and/or through the Site Offerings. The determination of the need for bathroom renovation products and/or services and the choice of related product/service providers are extremely important decisions and should not be based solely on advertisements and/or rates offered by the Third-Party Dealers. Company is not responsible for, and in no way endorses, any description of the Third-Party Dealers that are accessible through the Site Offerings. Company does not review the credentials or standing of any Third-Party Dealer. Therefore, Company makes no representation regarding the status, standing, or viability of any Third-Party Dealer. When considering purchasing bathroom renovation products and/or services, Users should make an independent investigation of, confirm, and verify all claims made by the Third-Party Dealers.
    • (d) Company is not responsible for ensuring that Third-Party Dealers and/or User actually enter into a contractual relationship in connection with any prospective Dealer Provided Bathroom Renovation-Related Products and/or Services. Company does not guarantee that Users will successfully find bathroom renovation products and/or services through the Site Offerings.
  6. Content. The Site contains Content which includes but is not limited to text, video, and other information pertaining to bathroom renovation-related products and/or services. The Content is compiled, distributed, and displayed by Company, as well as by Third-Party Dealers and other third-party content providers (collectively “Third-Party Content Providers”). Company does not control the Content provided by Third-Party Content Providers that is made available by and through the Site Offerings. Such Third-Party Content Providers are solely responsible for the accuracy, completeness, appropriateness, safety, and/or usefulness of such Content.

    The Content should not necessarily be relied upon. Company does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date, or appropriate. Users understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Content Providers. Users may find certain Content to be outdated, harmful, inaccurate, and/or deceptive. Please use caution, common sense, and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.
  7. Reviews.
    • (a) User Review Content. Users may be able to upload and/or post Reviews containing comments, ratings, content, feedback, and/or other information about a Third-Party Dealer and their respective Dealer Provided Bathroom Renovation-Related Products and/or Services (collectively the "User Review Content"). By making the User Review Content available by and through the Site or otherwise through the Site Offerings, each User provides to Company a perpetual, irrevocable, worldwide license to make the same available by and through the Site Offerings and to re-use and publish the same in any and all forms of marketing and promotional material including without limitation print advertisements, online ads, ads and other promotions appearing on Company’s Social Media Pages, email ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof (collectively “Ads”) and for any and all other uses.

      Without limiting the foregoing, User acknowledges and agrees that Company shall be free to utilize certain features and aspects of the User Review Content in connection with marketing and promoting the Site Offerings to third parties. Each User represents and warrants that: (i) she/he owns and/or has any and all rights to publish, display, perform, and permit the use of and grant the license associated with the User Review Content as contemplated by the Agreement; and (ii) the publication of the User Review Content by such User, as well as by Company, will not infringe upon or violate the rights of any third-party. Each User who makes User Review Content available to Company understands and agrees that: (A) the User Review Content, in whole or in part, may be edited and/or dramatized and that any part of the User Review Content may be used without compensation to such User; and (B) no Ad or other material incorporating or making reference to the User Review Content needs to be submitted to such User for approval. Company shall be without liability to such User for any distortion or illusionary effect resulting from its publication of the User Review Content.

      Each User and third-party: (I) releases Company from any and all claims that such User has or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement, or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, Ad, or promotion utilizing or incorporating the subject User Review Content, or any other use of the subject User Review Content whatsoever; (II) agrees that Company shall have no obligations and incur no liabilities to such party in connection with any such User Review Content; and (III) agrees that Company shall not be liable to any party for any claim in connection with the User Review Content. Company may reject and/or remove any User Review Content at any time and for any reason, in Company’s sole discretion. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the User Review Content made available by and through the Site Offerings.
    • (b) User Review Content Restrictions. In connection with the User Review Content, each User agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses, or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos, or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) "stalk" or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam, or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements it makes are endorsed by Company; (viii) harvest or collect personal information of end-users or other third parties, whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark, or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to the same; (xiii) post, offer for download, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote, or otherwise make available any software, product, or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements, services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet; (xv) "frame" or "mirror" any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with the same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
  8. Interactions. Company does not involve itself in the agreements between Users and the Third-Party Dealers, or in the actual provision of Dealer Provided Bathroom Renovation-Related Products and/or Services in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Dealers. The Third-Party Dealers are solely responsible for their interactions with Users. Because Company is not involved in User interactions, in the event that you have a dispute with any Third-Party Dealer and/or other Users, you hereby release Company from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  9. Dealer Program. Company may, from time-to-time, provide Users with the opportunity to apply to become a Third-Party Dealer. The Dealer Program and each User’s participation in the same shall at all times remain subject to a separate Dealer Agreement to be negotiated and entered into between Company and the applicable prospective Third-Party Dealer. COMPANY RESERVES THE RIGHT TO REJECT ANY DEALER PROGRAM APPLICATION FOR ANY REASON, IN ITS SOLE AND ABSOLUTE DISCRETION.
  10. Social Media Pages. The Site contains links to the various Company Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms, and conditions. You understand and agree that Company shall not be liable to you or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
  11. Representations and Warranties. Each User hereby represents and warrants to Company as follows:
    • (a) the Agreement constitutes the legal, valid, and binding obligation of User, which is fully enforceable against User in accordance with its terms;
    • (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings, and that User represents that she/he has not relied on any representation and/or warranty other than those set forth in the Agreement;
    • (c) the execution, delivery, and performance of the Agreement by User will not conflict with or violate:
      • (i) any order, judgment, or decree applicable to User; or
      • (ii) any agreement or other instrument applicable to User;
    • (d) her/his performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules, or regulations.
  12. Indemnification. Each User agrees to indemnify, defend, and hold Company, its shareholders, officers, directors, employees, agents, affiliates, and attorneys harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and/or expenses (including reasonable attorneys’ fees, court costs, and/or settlement costs) arising from and/or related to:
    • (a) any dispute between that User and any other User, Third-Party Dealer, or third-party;
    • (b) that User’s breach of the Agreement and/or any representation or warranty contained herein;
    • (c) that User’s acts and/or omissions in connection with the Dealer Program; and/or
    • (d) that User’s unauthorized and/or improper use of the Site Offerings.

    The provisions of this Section 12 are for the benefit of Company, its parents, subsidiaries, and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  13. License Grant. Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query, or otherwise collect material from the Site Offerings except as expressly permitted by Company.

    No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Site Offerings or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company.

    Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 13. Company reserves any rights not explicitly granted in the Agreement.
  14. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the same, are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services, or other materials viewed by or through the Site Offerings.

    The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Bath Planet” name and logo, and all associated graphics, icons, and service names are trademarks of BCI Acrylic, Inc. All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.
  15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize, and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law, and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
  16. Disclaimer of Warranties. THE SITE OFFERINGS, ANY BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES THAT THE USER MAY RECEIVE FROM A THIRD-PARTY DEALER AND/OR COMPANY, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS, ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE).

    IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS, ANY BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES THAT THE USER MAY RECEIVE FROM A THIRD-PARTY DEALER AND/OR COMPANY, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS:
    • (A) WILL MEET ANY USER’S REQUIREMENTS;
    • (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
    • (C) WILL BE FREE OF HARMFUL COMPONENTS;
    • (D) WILL ENABLE ANY USER TO QUALIFY FOR AND/OR RECEIVE BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES FROM THE THIRD-PARTY DEALER AND/OR COMPANY;
    • (E) WILL RESULT IN USER QUALIFYING AS A THIRD-PARTY DEALER IN CONNECTION WITH THE DEALER PROGRAM;
    • (F) WILL RESULT IN USER QUALIFYING FOR EMPLOYMENT WITH COMPANY; AND/OR
    • (G) WILL BE ACCURATE OR RELIABLE.

    THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH THE SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
    • (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES THAT THE USER MAY RECEIVE FROM A THIRD-PARTY DEALER AND/OR COMPANY, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS;
    • (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT, AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS AND/OR THIRD-PARTY DEALERS;
    • (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY DEALERS, AND/OR OTHER THIRD PARTIES;
    • (D) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY REGISTRATION DATA;
    • (E) THE FAILURE TO QUALIFY AS A THIRD-PARTY DEALER IN CONNECTION WITH THE DEALER PROGRAM;
    • (F) THE FAILURE TO QUALIFY FOR EMPLOYMENT WITH COMPANY; AND/OR
    • (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES THAT THE USER MAY RECEIVE FROM A THIRD-PARTY DEALER AND/OR COMPANY, AS WELL AS ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS.

    THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH THE SAME MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, AND IN SUCH JURISDICTIONS, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  18. Third-Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties, including, without limitation, Third-Party Dealer websites, Social Media Websites, and other websites made available in connection with the Services. Company does not control the information, products, or services made available on, by, or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators.

    Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites and/or resources, for any material located on or available from or through any such websites and/or resources, or for the protection of any User’s data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by, or through any such site and/or resource.
  19. Editing, Deleting, and Modification. Company reserves the right, in its sole discretion, to edit and/or delete any documents, information, or Content appearing on the Site.
  20. Use of User Information. All material submitted by Users through or in association with the Site Offerings, including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please click here.
  21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement.

    Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties, including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement, or the breach of the same by any party hereto:
    • (a) each party (and the Covered Parties) agrees to submit their dispute for resolution by arbitration before JAMS in accordance with the then current General Arbitration Rules & Procedures of JAMS, provided, however, that Company reserves the right to require that any and all User claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Company that are similar to the demand for arbitration submitted by you;
    • (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found HERE. The Covered Party(ies) named in your Initial Dispute Notice (collectively the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS in your county of residence by filing a separate Demand for Arbitration which is available HERE. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions.

    If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration, and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing, and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties, and a judgment thereon may be entered in any court of competent jurisdiction.

    Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if the Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim, dispute, or controversy that you may have against any of the Covered Parties.

    You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining, or participating in class action lawsuits:
    • (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and
    • (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
  22. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that with respect to the Dealer Program, to the extent that anything in these Terms is inconsistent with the Dealer Program Agreement, the Dealer Program Agreement shall take precedence.

    Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through the operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect.

    Company may assign its rights and obligations under the Agreement in whole or in part to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
  23. Contact Us. If you have any questions about the Agreement, Site Offerings, or the practices of Company, you may email us as at: customer care; call us at: (847) 496-1786; or send us U.S. Mail to: 1800 Industrial Dr., Libertyville, IL 60048.
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*Includes labor and product; bathtub, shower or walk-in tub and wall surround system. This promotion cannot be combined with any other offer. Other restrictions may apply. Each dealership is independently owned and operated. See dealer for details.