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Terms of Use

December 15, 2015

Bestbath, Inc. (“” or “we” or “us” or “our”) controls and operates the Internet website located at www.bestbath.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 Bestbath retail operator.

Copyright and Trademarks

This Site and any Dealer Sites contain material which is the property of Bestbath, and which is protected by United States and international copyright, trademark and other intellectual property laws. “Bestbath” is a registered trademark of Bestbath, Inc.. All content posted on this Site is the sole and exclusive property of Bestbath. 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

Bestbath has no control over the content posted on any Dealer Site. Bestbath gives its Dealers the option of using content provided by Bestbath, however, each Dealer has the right, in its sole discretion, to post or reject the content offered by Bestbath. 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, Bestbath disclaims all ownership rights in and to any content, including text, images, photographs, or links posted on the Dealer Sites. Under no circumstances is Bestbath acting as a controller or supervisor of any content placed on a Dealer Site. Bestbath 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 Bestbath 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, Bestbath DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bestbath 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.

Bestbath 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 Bestbath, 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 Bestbath 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 Bestbath, 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 Bestbath 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 Bestbath 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

Bestbath 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 Bestbath 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. Bestbath 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 Bestbath Privacy Policy stated on this Site is no longer in effect. Bestbath 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 Bestbath 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 Bestbath in its sole discretion, deems offensive or inappropriate. Bestbath 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. Bestbath 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 Bestbath , 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 Bestbath and/or its customers, and the tangible contents and written and electronic correspondence arising from discussions or negotiations about Bestbath 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 Bestbath ; and (b) not use Confidential Information for any purpose other than for evaluating the business opportunities of becoming a Bestbath 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 Bestbath, 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 Bestbath Systems.

Termination

Bestbath 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 Bestbath 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@bestbath.com or contact us at:

Bestbath, Inc.
723 Garber Street Caldwell, ID 83605

Privacy Policy

Updated December 15, 2015

We at Bestbath, Inc. (“Bestbath” or “we” or “us” or “our”) appreciate your interest in this website. Your privacy is important and we and are committed to protecting the personally identifiable information that you disclose to us. We want you to understand our practices with respect how we gather and use the information we collect from visitors to the Site.

This Privacy Policy is subject to change without prior notice. For that reason, we encourage you to review this Privacy Policy periodically and to make note of the date of the most recent revision. If you disagree with the manner in which we intend to use the Personal Information you provide to us, you may opt out of these uses by following the instructions below. By using our Site, you agree to the terms of the Privacy Policy in effect, at that time.

Information We Collect

We collect both Personal Information and non-personally identifiable information through this Site in order to help us to learn more about how our visitors use this site, to measure areas of interest, and to provide our users with important information on our network and our services. Collection of information allows us to build features and functionality that will enhance your experience. You are not obligated to provide us with Personal Information in order to use the Site. However, we do require that you register and provide certain Personal Information in order to send us inquiries, to access certain restricted pages of our Site, to receive confidential information about our network and how to become a independently owned and individually operated dealer (“Dealer”), and to receive newsletters and other special offers. We collect non-personally identifiable information through the use of General Tracking Information and Click Path Tracking (cookie technology).

Collection of Non-Personally Identifiable Information

1. General Tracking Information
   We keep track of the pages visited by each user. Our web server automatically collects some information about you when you request pages from our server, including your IP address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you request) can be sent to you. We aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns. We use this information to improve our Site by making it more responsive to the needs and preferences of our users. This information does not identify you personally.
2. Click Path Tracking
   “Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with our website. Using cookie technology, we track your click path through our Site. Though this information does not identify you personally, we may use it to help customize your visit to our Site. We may also use cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Site or your interaction with our Site.
3. Collection of Personal Information
   If you choose to register on our Site, you will be asked to provide Personal Information which may include your name, mailing address, e-mail address, and phone number. We do not actively share Personal Information gathered from our Web servers. When you register, we may place your name in our mailing list and will send you an e-mail to the address you have provided to confirm your registration on our Site.
4. What we do with the Personal Information We Collect
   We require Personal Information from you in order to learn more about how you use the Site; to measure areas of interest in our network and the services we provide; to understand the needs of our customers; to provide you with better service; and to help us with internal record keeping. If you register, your registration information may be used by Bestbath and our Dealers for internal research purposes and may be compiled as part of our internal database system. In addition, we may send correspondence to the e-mail and/or street address you provide to us when registering on our Site. This correspondence may include newsletters, promotional offers, information on new features and services we provide, Site updates, responses to your e-mails, comments and opinions, and may also be used as a means of providing technical support. In certain instances you will have an opportunity to limit these uses at the time your Personal Information is collected. You also may limit the correspondence by following the instructions in the “Opt-Out” Section below.
5. Sharing of Personal Information
   We will not provide or sell any Personal Information to marketing research or bulk advertising sales companies. We will share your Personal Information with our Dealers who are bound to protect such information from disclosure or misuse. We may share your Personal Information with third-party business partners who offer services in conjunction with those of Bestbath and who we believe may provide offers that may be of interest to you. As described above, you may limit this sharing by following the instructions in the “Opt-Out” Section below. We may also disclose Personal Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may have breached our Terms of Use, or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other website users, or anyone else who could be harmed by such activities. We reserve the right to disclose your Personal Information to law-enforcement personnel and agencies when requested to do so or as required by law. In any of these situations, registered users will be notified by e-mail of our intent to disclose information.

Links to Third Party Websites

Occasionally we may include on our Site a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows you to connect to the home page of third party website (“Third Party Site”), or the website of a Dealer (“Dealer Site”). Bestbath provides these Links to you as a convenient method of accessing information that may be useful or of interest to you. This Privacy Policy and the practices that we follow under this Privacy Policy do not apply to Third Party Sites or Dealer Sites which are operated independently from Bestbath. We are not responsible for the content, accuracy, or opinions expressed on any Dealer Site or Third Party Site or for the privacy practices of our Dealers or any third party. We will not, and are under no obligation to, investigate, monitor or check the Dealer Sites or 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 or Dealer Site that is placed on our Site does not imply approval or endorsement of the Third Party Site or Dealer Site. You understand and agree that by clicking on a Link to a Third Party Site or Dealer Site, you have left this Site, and the Bestbath Privacy Policy stated on this Site is no longer in effect.

Security

We are committed to ensuring that your Personal Information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We have recently rebuilt our hardware/software/security infrastructure as well as our internal standards for this Site to meet current industry standards and technology. However, due to the open communication nature of the Internet, we cannot guarantee that communications between us will be free from unauthorized access by third parties.

Opt-Out

You may choose to have your name taken off of our registration list, cease receiving correspondence from us; or you update the Personal Information that you have provided to us, via one of the following methods:

• Using the opt-out option in e-mails you receive from us;
• Sending us an e-mail at: info@bestbath.com;
• Writing to us at: Bestbath, Inc., 723 Garber Street, Caldwell, ID 83605; or
• Calling us toll free at: 1-800-727-8907

You understand that by terminating your registration that you will no longer have access to certain secured pages of our Site.

Disclaimer

The data contained in our Site is for informational purposes only and is not represented to be error free. Bestbath attempts to ensure that the data provided or otherwise displayed on our Site is accurate. However, the Site and its contents are provided on an “as is, as available” basis. Use of the Site and its contents is at your sole risk. Bestbath does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site will be free from viruses or other harmful components. Bestbath makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability of such site.

Guidelines for Children

It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. We do not specifically collect information about children nor market our products or services to children. We have no reason to believe that this Site will attract children, or that children will access this Site or provide Personal Information.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship, and if we believe that you have committed such acts, we may report you to appropriate law enforcement authorities.

Contact Information

If you have any questions about this Privacy Statement, the practices of this site, or your dealings with this Site, please contact:

Bestbath, Inc.
723 Garber Street Caldwell, ID 83605