This agreement provides important information to you, including information about your obligations about your content, our liability limitations and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action suit.
Right To Access
You must be at least the age of majority in the state of which you live to use the Site. Use of the Site by anyone under the age of 13 years is strictly prohibited.
While using our Site, the user agrees to abide by all common standards of etiquette and act in accordance with the law, in agreement of the 'Acceptable Use Policy'.
'At any time, you may opt to close your account with the Site. We also reserve sole discretion to temporarily or permanently suspend use of the Site or our Services at any time for any reason, without any notice or liability to you. Furthermore, the user agrees that TheBathOutlet will not be liable to the user or any third-parties for termination of access to the Site.
Professionals Account Policy
Professionals, or those referred to as within the "Trade", confirm (a) they meet minimal requirements to opt to sign up for the program and are established professionals within the trade; suggested, but not limited to plumbers, painters, interior designers, design firms, architects, contractors, electricians, handymen, and remodelers, (b) they agree that their profile will be listed in the user directory on both TheBathOutlet.com and its subsidiaries, (c) all uploaded and submitted information is in correspondence and compliance to the "User Generated Content Policy", (d) the individual signing up has authority and approval to submit the firm or company for the program, (e) the Sites hold final acceptance of the Professional into the program, (f) the Sites can change any aspect of the complimentary Professionals program without disclosures (g) the Site has full and final ability to terminate any existing accounts in accordance to the "Right To Access".
Acceptable Use Policy
Use of the Sites confirms the User (a) submit any content at their own free-will in compliance to the 'User Generated Content Policy', (b) impersonate or misrepresent your affiliation with the Sites, person(s) or entities, (c) will not be used to harm any entity, person or the Sites, (d) e-mail, post, upload or transmit any unauthorized or unsolicited marketing, advertising materials, nor any forms of solicitations, (e) e-mail, post, upload or transmit all and any content that may contain computer viruses, malware, code, programs or files that may limit the functionality or destroy the Sites, (f) will not collect, use or store any personal information provided of public Users without their written consent, (g) will not violate, intentionally or unintentionally, any applicable international, national, state or local rules, laws or regulations (h) will not violate or attempt to violate the security of the Sites.
Violation of network security is taken very seriously and may result in civil or criminal liability. TheBathOutlet reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
User Generated Content Policy
On occasion, the Sites permit "User Generated Content", such as product reviews, product questions and photos, solely generated by you and other users. By submitting User Generated Content, (a) you are claiming sole responsibility of any consequences of posting or publishing it (b) all information, photos, text or ideas submitted are non-proprietary, nor confidential (c) you are confirming the information does not belong to a third party's intellectual property or proprietary rights unless you have written consent from that party to post and distribute, (d) e-mail, post, upload any harmful, unlawful, abusive, harassing, threatening, defamatory, hateful, racially, ethnically or morally objectionable.
When submitting User Content, you acknowledge and constitute this content does violate any trademarks, copyrights, patents or any other intellectual property rights.
By using #TheBathOutlet and submitting photos or uploading content through the Sites, or any of its social media outlets, such as "@thebathoutlet", the user constitutes that the Site has full perpetual, unrestricted, royalty-free, world-wide license in any sponsored or marketing use. All users represent and constitute that this user generated content does not infringe any intellectual's property rights.
Copyright and Intellectual Property Rights
This Copyright Policy describes the Site's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing elsewhere from www.TheBathOutlet.com, or any its subsidiaries. All intellectual property, including, but not limited to: text, designs, images, icons, photographs, logos, and videos are owned, controlled or licensed by TheBathOutlet, and are protected by U.S. and international copyright laws.
The DMCA, (Digital Millennium Copyright Act) of 1998 provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. TheBathOutlet complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.
We periodically schedule system downtimes for Site maintenance and other purposes. Unplanned system outages also may occur. You agree that TheBathOutlet has no responsibility and is not liable for the following, nor limited to: (a) unavailability of the Site; (b) loss of any data, information or materials; (c) delay or delivery issues of information; or (d) any outages caused by third parties.
Plumbing laws, codes, regulations, and certifications
Plumbing laws and codes can vary by state, therefore 1) TheBathOutlet assumes no responsibility or liability for ommissions, errors, and or outcome of any project and 2) TheBathOutlet assumes no liability for a buyer's purchase or installation of products that do not meet certain state laws, codes, regulations, or certifications. By purchasing on TheBathOutlet, the buyer assumes full responsibility for compliance with their local laws, certifications, and regulations. We highly recommend checking your local laws, codes, and regulations and consulting a licensed professional about your project before purchasing any item on TheBathOutlet.com.
Where a product listing on TheBathOutlet references a higher price denoted by a strikethrough (for example, "$330"), this higher price represents the retail price suggested by the manufacturer or supplier, not the price at which the product had been previously sold. However, when the MSRP is not supplied, the higher price denoted by a strikethrough is the price at which the product was previously sold at some point in the past. When a higher price is displayed to the customer with a strikethrough, we may also elect to show the percentage difference between that price and the net price, as well as market the item with the wording "sale", "discount", "closeout", "clearance", and any other term that indicates a discounted price.
While our goal is to make sure all information and pricing is correct, TheBathOutlet cannot guarantee that our site is free of errors in pricing, warranty, certifications, or any other information conveyed to the user. As such TheBathOutlet is not liable for any incorrect or imcomplete information, and TheBathOutlet reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
TheBathOutlet cannot guarantee the availability of any particular product displayed on our website, including those labeled as "In Stock". Furthermore, any product listed on this website can be discontinued at any time without notice, including after an order of a product has been placed. TheBathOutlet reserves the right to cancel any order and/or refuse service, not limited to when an item is unavailable and/or discontinued, as well as for any other reason including fraud prevention purposes.
Delivery times are best estimates and are not guaranteed. TheBathOutlet bears no responsibility or liability for orders that are shipped or delivered later than the agreed upon delivery date. TheBathOutlet works with our vendors diligently to properly and efficiently ship your orders as quickly and accurately as possible. Estimates are provided when available, and TheBathOutlet will continue to update purchasers as updates become available.
Limitation on Liability
In no circumstance will TheBathOutlet or any of its employees, founders, officers, members, successors, distributors, or any other parties that provide information on this site or via other channels such as TheBathOutlet's social media platforms, phone, email, or any other form of communication, be liable to any user of the sites or any other person or entity for any punitive damages but not limited to any other type of damages, as a result of use or inability to use TheBathOutlet or any information, user content, warranty, or otherwise, even if TheBathOutlet has been advised of beforehand or should have known of the possibility of such damages or losses.
You hereby acknowledge that this limitation on liability will apply to all products, services, and content, including user generated content, available on TheBathOutlet or other channels, such as social media, email, or phone. If some jurisdictions do not allow the exclusion or limitation of liability for damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
If, however, TheBathOutlet is found to be liable for any reason, our liability to you or to any third party is limited to the greater of $100 or the amount of businesses you have transacted with TheBathOutlet over the course of the last 12 months.
After the advanced written notice, and prior to arbitration, the parties will attempt to settle amicably by mutual discussions. If a settlement cannot be reached the 60-day period has expired, either party may initiate arbitration.
TheBathOutlet and you agree that any dispute will be submitted to arbitration on an individual basis only. Neither TheBathOutlet nor you are entitled to arbitrate any covered dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).