Terms Of Use
Welcome to TheBathOutlet.com! TheBathOutlet is an e-commerce site specializing in selling home and bathroom goods while providing top-notch customer service. TheBathOutlet provides a platform for design and renovation professionals, as well as a store for homeowners and renovating consumers. TheBathOutlet merges its' products, industry knowledge, trade professionals and home owners together in one collective place. The 'Terms Of Use' are a mutual agreement between TheBathOutlet and you through all products and services with TheBathOutlet LLC, or any of its' subsidiaries. TheBathOutlet LLC will collectively be referred to as 'TheBathOutlet' 'we' 'us' or 'Site' in this agreement.
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.
Please be sure to read the agreement, as using the Site is consent to these terms. If you do not agree to any of the following terms, you should stop using the Site. By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not agree to the Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites. We recommend that you print a copy of these Terms for your records.
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.
If you register directly with us, the user agrees to provide the Site with accurate information and update it as necessary to remain accurate. Personally identifiable information will be treated in accordance to our 'Privacy Policy'.
Use of the Site is acceptance of the Privacy Policy, regardless of whether or not you are a registered user. If the user is signing up for our Professionals Account, you give the Site the right to list your profile in our service provider directory on TheBathOutlet.com and any of its subsidiaries. Professionals Account are subject to our 'Professional Account Policy'.
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.
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.
Please be sure to read the agreement, as using the Site is consent to these terms. If you do not agree to any of the following terms, you should stop using the Site. By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not agree to the Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites. We recommend that you print a copy of these Terms for your records.
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.
If you register directly with us, the user agrees to provide the Site with accurate information and update it as necessary to remain accurate. Personally identifiable information will be treated in accordance to our 'Privacy Policy'.
Use of the Site is acceptance of the Privacy Policy, regardless of whether or not you are a registered user. If the user is signing up for our Professionals Account, you give the Site the right to list your profile in our service provider directory on TheBathOutlet.com and any of its subsidiaries. Professionals Account are subject to our 'Professional Account Policy'.
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.
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.
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.
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.
Outages
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.
Pricing
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.
Errors
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).
Order Fulfillment
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.
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.
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.
Legal Disputes
You and TheBathOutlet agree to give up any rights to participate in a class action or representative action with respect to a claim, and you also give up any rights to to litigate claims in a court or before a jury. As a result, any dispute between you and TheBathOutlet, its founders, employees, successors, officers, directors, principals, or subsidiaries arising from or relating to these terms of use and their interpretation or the breach, termination or validity thereof, will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration.
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.
Arbitration will be conducted by phone or videoconference unless an in-person location is agreed upon by both parties and the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrators will apply applicable law and the provisions of these terms of use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
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).
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.
Arbitration will be conducted by phone or videoconference unless an in-person location is agreed upon by both parties and the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrators will apply applicable law and the provisions of these terms of use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
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).