Terms of Use
September 1, 2009.
Best Bath Systems, Inc. ("" or "we" or "us" or "our") controls and operates the
Internet website located at www.best-bath.com (the "Site"). For your convenience,
we host the websites for the use of our customers, affiliates and dealers. Please
read the following terms and conditions carefully. By using this Site, you agree
to these terms and conditions. If you do not agree, you should not use this Site.
Because the Internet is an evolving medium, we may need to change these Terms of
Use or impose new conditions on the use of this Site or our other Sites, from time
to time, in which case we will post the revised Terms of Use on this Site. Please
check these Terms of Use periodically to inform yourself of any changes. By continuing
to use this Site, you accept these Terms of Use, including any modifications made
as of the date of your use. We also have a Privacy Policy which you should read
and may access by clicking on the following link. Privacy Policy. "Dealer" shall
mean each independently owned and operated Best Bath Systems retail operator.
Copyright and Trademarks
This Site and any Dealer Sites contain material which is the property of Best Bath
Systems, and which is protected by United States and international copyright, trademark
and other intellectual property laws. "Best Bath Systems" is a registered trademark
of Best Bath Systems, Inc.. All content posted on this Site is the sole and exclusive
property of Best Bath Systems. You may not modify, copy, reproduce, republish, upload,
post, transmit or distribute in any way material from this Site or any Dealer Site,
including code and software underlying this Site. You may download content from
this Site or any Dealer Site for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices and obtain our express
written consent, and, if applicable, the consent of the Dealer or owner of the content.
Any unauthorized use of content terminates the foregoing license rights.
Dealer Site Content
Best Bath Systems has no control over the content posted on any Dealer Site. Best
Bath Systems gives its Dealers the option of using content provided by Best Bath
Systems, however, each Dealer has the right, in its sole discretion, to post or
reject the content offered by Best Bath Systems. Any content placed on a Dealer
Site that is has not also been placed on this Site has either been provided by a
Dealer or by one or more Dealer employees. Except for content that is located on
both a Dealer Site and this Site, Best Bath Systems disclaims all ownership rights
in and to any content, including text, images, photographs, or links posted on the
Dealer Sites. Under no circumstances is Best Bath Systems acting as a controller
or supervisor of any content placed on a Dealer Site. Best Bath Systems will not,
and is under no obligation to, review or filter any content, including text, images,
photographs, or links, placed on any Dealer Site. If you decide to leave the Site
and access a Dealer Site, even if access is provided through a hyperlink from our
Site, you do so at your own risk. We are not responsible for the privacy policies
of our Dealers. By accessing a Dealer Site, you acknowledge that you are leaving
this Site, and that the Best Bath Systems Privacy Policy is no longer in effect.
Please see the Section titled "Linking Policy" below for further information on
links to other websites.
Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Best Bath Systems DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Best Bath Systems DOES NOT WARRANT THAT THE FUNCTIONALITY
OF THE SITE OR ANY DEALER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR DEALER SITE, OR THE SERVERS THAT
MAKE THE SITE AND DEALER SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS
FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Best Bath Systems shall not be responsible for any loss, damage, liability or expense
that may accompany or result from your use of or access to this site or any Dealer
site.
Limitation of Liability
Under no circumstances shall Best Bath Systems, its subsidiaries, its Affiliates
or its Dealers be liable for any direct, indirect, incidental, special or consequential
damages of any kind, including, without limitation, loss of business or profits,
loss of data, computer viruses, technical, hardware or software failures, lost or
unavailable network connections, or failed, incomplete, garbled or delayed transmissions,
arising from your use or inability to use the Site or any Dealer Site, or the content,
services, or hyperlinks made available on the Site or any Dealer Site even if we
have been advised of the possibility of such damages. You specifically acknowledge
and agree that Best Bath Systems is not liable for any defamatory, offensive, pornographic,
or illegal content posted to any Dealer Site or for the conduct of any Site or Dealer
Site user. If you are dissatisfied with the Site or any Dealer Site, or the content
or services provided thereon or with these Terms of Use, your sole and exclusive
remedy is to discontinue using the Site and/or Dealer Site. You agree to indemnify,
defend and hold harmless Best Bath Systems, its Dealers, and all of our and their
respective its directors and officers from and against any and all injuries, damages,
losses, liabilities, claims, judgments and settlements, including all reasonable
costs, expenses and attorneys fees arising from or related to any breach by you
of these Terms of Use or applicable law, your negligent or willful act or omission
while using this Site or a Dealer Site, or your infringement of the intellectual
property rights of Best Bath Systems or any third party content provider of the
Site or Dealer Site.
License to Submitted Content
By posting messages, uploading files, or otherwise providing any material to us
for display on the Site(s), you are granting Best Bath Systems a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt,
transmit, publicly perform or display any such communication, and to sub-license
to third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication. The foregoing license shall include the
right to exploit any property rights in such material, including but not limited
to rights under copyright, trademark, service mark or patent laws under any relevant
jurisdiction.
Linking Policy
Best Bath Systems may enter into agreements with third party website owners which
allow us to place on such third party"s site ("Third Party Site"), and allows the
third party to place on our Site or a Dealer Site, a hyperlink (a "Link") or a banner
advertisement ("Banner Ad") containing a Link which allows our respective users
to connect to the home page of Third Party Site, this Site or a Dealer Site. Please
note that Best Bath Systems is not affiliated in any way with these third parties
or the Third Party Sites, and that if you click on a Link or Banner Ad containing
a Link to a Third Party Site, once you have left this Site. Best Bath Systems has
no further control over the content and materials that you will be viewing on the
Third Party Site. We are not responsible for the content, accuracy, or opinions
expressed on any Third Party Site. We will not, and are under no obligation to,
investigate, monitor or check the Third Party Sites for accuracy or completeness,
or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory
or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third
Party Site that is placed on our Site does not imply approval or endorsement of
the Third Party Site. If you decide to leave the Site and access a Third Party Site,
you do so at your own risk. We are not responsible for the privacy policies applicable
to Third Party Sites. Once you link to a Third Party Site, the Best Bath Systems
Privacy Policy stated on this Site is no longer in effect. Best Bath Systems may
at any time revise this Linking Policy. You are bound by any such revisions and
should therefore periodically visit these Terms of Use to review the current Linking
Policy to which you are bound.
Registration
To use certain features of the Site, you may be required to register with Best Bath
Systems or any Dealer on the form provided on the Site or Dealer Site. You agree
(a) to provide true, accurate, current and complete information about yourself as
prompted by the registration form, and (b) to maintain and promptly update the information
you provide to keep it true, accurate, current and complete. You agree not to: (i)
select a username that, to your knowledge, is already used by another person; (ii)
use a username in which another person has rights without such person"s authorization;
or (iii) use a username or password that Best Bath Systems in its sole discretion,
deems offensive or inappropriate. Best Bath Systems has no obligation to verify
the authenticity of any registration information, but reserves the right to refuse
to create your account, to suspend or terminate your account, and/or to refuse any
future account use if we are unable to verify the authenticity of your registration
information or have reasonable grounds to suspect that any information provided
by you is untrue, inaccurate, not current or incomplete. You are solely responsible
for maintaining the confidentiality of your registration information and passwords.
Best Bath Systems will have the right to rely upon any information received from
any person using a password assigned to you and will incur no liability arising
out of such reliance. Our use of any personally identifying information you provide
to us as part of the registration process is governed by the terms of our Privacy
Policy.
Confidentiality
Registered users of this Site who have expressed interest in becoming a Dealer may,
upon request, be provided with access to certain information and content about Best
Bath Systems, which is deemed "Confidential Information" and which includes, without
limitation, records, products, software, data systems, formulas, compositions, projects,
developments, processes, methods, techniques, computer programs, customer lists,
supplier lists, financial statements, loan documents, advertising and promotional
materials, marketing materials, manuals, books, data, files, memorandum, projections,
or information or other written, photographic or other tangible material containing
confidential or private information relating to the business and knowledge of Best
Bath Systems and/or its customers, and the tangible contents and written and electronic
correspondence arising from discussions or negotiations about Best Bath Systems
or its business. As a condition to such access, you agree that from the date on
which you registered on those pages of the Site allowing you access to the Confidential
Information that you will: (a) keep all Confidential Information confidential and
not to disclose or reveal any Confidential Information to any person other than
representatives of Best Bath Systems; and (b) not use Confidential Information for
any purpose other than for evaluating the business opportunities of becoming a Best
Bath Systems Dealer. Confidential Information shall not include information that
(a) is or becomes part of the public domain other than as a result of disclosure
by you, (b) becomes available to you on a non-confidential basis from a source other
than Best Bath Systems, provided that, to the best of your knowledge after due inquiry,
such source is not prohibited from transmitting such information by a contractual,
legal, or other obligation, or (c) was in your possession prior to disclosure of
the same by Best Bath Systems.
Termination
Best Bath Systems may cancel, suspend or terminate your right to use the Site or
a Dealer Site or a portion thereof at any time without notice. In the event of suspension
or termination, you are no longer authorized to access the part of the Site or Dealer
Site affected by such cancellation, suspension or termination. The restrictions
imposed on you with respect to material downloaded from the Site or Dealer Site,
and the disclaimers and limitations of liabilities set forth in these Terms of Use,
shall survive.
Entire Agreement
These Terms of Use constitute the entire agreement between Best Bath Systems and
you with respect to your use of the Site, and all information (including Confidential
Information) obtained by your from the Site, and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral with respect to this subject
matter.
Access to Collected Information
For questions related to updating or changing your account information, please send
e-mail to info@best-bath.com or contact us at:
Best Bath Systems, Inc.
723 Garber Street Caldwell, ID 83605