Terms & Conditions

Updated October 2007

This Website is provided by American Bath Factory, and its affiliates and subsidiaries (collectively, “ABF” and “we”). Your use of this Website is subject to these Terms and Conditions of Website Use (the “User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE

Use of Material on this Site

ABF grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to ABF and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of ABF and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Copyrights

All Content is copyrighted, and it is either owned or used with permission by ABF. ABF disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with ABF. Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

ABF respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.

Trademarks

The trademarks, logos, and service marks displayed on this Website are owned by ABF and third parties, and this Website’s trade dress is owned by ABF (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by ABF are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.

Your Communications to ABF

ABF likes to hear from you. However, in your communications with ABF, please keep in mind that, unless it specifically requests them, ABF does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to ABF any unsolicited materials, such as ideas for products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.

Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to ABF via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and ABF will not assume any responsibility, obligation, or liability for them or for ABF’s receipt or non-receipt of them. ABF’s receipt of Your Submissions is not an admission by ABF of their novelty, priority, or originality, and it does not impair ABF’s right to contest existing or future intellectual property rights relating to Your Submissions.

You grant ABF a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by ABF in this User Agreement, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Online Shipping

This Website and other ABF websites may offer online capabilities to purchase products (such as bathtubs) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

A. No Purchases by Minors

By ordering a product or service online from ABF, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from ABF without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.

B. Returns and Warranties

Please review the information available at our online stores regarding our return policies and warranty information.

Use Restrictions

You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity

Community Areas: Code of Conduct

ABF may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, ABF will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although ABF reserves the right to do so in its sole discretion. ABF does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that you upload or post to this Website, you represent and warrant to ABF that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).

ABF reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. ABF also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.

Investigations; Cooperation with Law Enforcement;Termination

ABF reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

Privacy and Security Measures

ABF must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But ABF respects the privacy of its visitors. Please click here to review our Privacy Policy.

We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to ABF. Nevertheless, we cannot guarantee complete security of personal information.

Disclaimers and Limitations of Liability

This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ABF DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN ABF WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, ABF WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Links by you to this Site

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with ABF or cause confusion among consumers, (d) the links and related content on your site do not portray ABF or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.

Links on this Website to and from Other Sites

This Website may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of ABF. ABF has no control over the content of Linked Sites, and ABF does not assume any obligation to review any Linked Sites. ABF does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and ABF disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and ABF disclaims all liability in connection therewith.

Banners, Advertisements and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). ABF disclaims all liability in connection with therewith.

Procedure for Alleging Copyright Infringement

ABF will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) the URL of the site and a description of where the material that you claim is infringing is located on that site;
(iv) your address, telephone number, and e-mail address;
(v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
(vii) your electronic or physical signature.

ABF will only receive DMCA notices e-mail or facsimile at the address and number below:

By E-Mail: terms@americanbathfactory.com
By Facsimile: 951-734-1480

ABF may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and ABF may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.

General Provisions

A. Indemnity

You agree to indemnify, defend, and hold harmless ABF (which includes ABF’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

B. Revisions to this Website and this User Agreement

ABF controls and operates this Website from its headquarters in El Segundo, California in the United States of America, and ABF makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although ABF products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.

C. Operation of Website; Availability of Products and Services

ABF may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. ABF may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

D. Jurisdiction, Venue, and Alternative Dispute Resolution

Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and ABF will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by ABF relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Los Angeles County, California. Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by ABF to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, ABF’s operations, and/or ABF’s products or services caused by your act or failure to act.

E. Severability

If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.

American Bath Factory Privacy Policy

Updated October 2007

Use of this site signifies your acceptance of the terms and conditions.

Dream Bath International and its family of companies ("ABF") are committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it. Please review the information below to familiarize yourself with our policies on website privacy, so that you can take full advantage of all the fun activities available at our sites for you and your family. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site.

1. Does ABF Collect Any Personal Information About Me?

ABF doesn't require anyone to share any personal information about themselves in order to enjoy any of our websites. That means you can visit our sites without any need to register with us. However, most of our sites contain special sections and privileges for members that register. We do not collect any personal information from you unless it is voluntarily provided, for instance when signing a guest book, registering for contests, downloads, or free demos, completing our online customer surveys or purchasing products. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address. See below for how we use this information. Remember, only people who are 18 or older may purchase products from our online stores.

2. What Ordering Information Does ABF Collect In Our Online Stores?

We may offer opportunities to purchase products in our online stores. Customers must be over the age of 18 with a valid credit card. Visitors under 18 can use the Wish List function while browsing our online stores but cannot make purchases. When a customer places an order or requests a catalogue online, we collect information associated with the transaction, which will include the customer's name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order or catalogue request. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our website, and adopt careful internal procedures to safeguard this information in our system.

Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information.

When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password.

When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the "unsubscribe" instructions included in the e-mail.

4. What Does ABF Do With The Information We Collect?

We use the personal information we collect for the purposes indicated at the time you provide such information. For instance, if you register in a contest, we will use the registration information to notify contest winners, or if you purchase a product, we will use the information to fulfill the order. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you information on upcoming ABF products, website updates and promotions. With your consent, we may also share information with other ABF brands and ABF family companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at DreamBath@americanbathfactory.com. Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future.

5. Does ABF Share Information About Me With Others?

If you consent, ABF may provide your information to outside companies that offer products or services that may be of interest. We will remove your name from the list we provide to outside companies if you contact us at DreamBath@americanbathfactory.com. In special circumstances, ABF may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, help us process and fulfill orders or requests, or provide other similar services to ABF. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If ABF believes that anyone's behavior on our sites may damage us or our sites or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request.

6. How Does ABF Use Cookies?

A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages and us to customize our offerings; and they help you to participate in some activities or events on the site. Cookies keep track of items in your shopping cart and wish list in our online stores. We also use cookies to help us figure out how many people visit our sites, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successes and what sites might need improvement. For administrative purposes, we collect IP addresses, which is the automatic number assigned to your computer when you surf the Web. Certain Internet Service Providers may assign the same IP address to many users. The IP address allows us to count the total number of "hits" on our sites. However, your IP address and cookie are not connected to any personally identifiable or online contact information like a name and address, so you and your family remain anonymous. We also use other technology, called clear GIFs, to provide us with other important anonymous information, such as when an e-mail has been opened.

7. Does ABF Ever Collect Information Without Consent?

ABF does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DON'T contain any personal information about a specific user. We don't use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. ABF doesn't use cookies for direct marketing or promotional purposes. Cookies are also not used to collect information specifically about you or your family for sharing with third parties.

8. Do ABF's Third-Party Advertisers Use Cookies?

In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser.

And finally...

Thanks for reading our privacy policy. We hope you have a better understanding of the many activities offered on our websites and the ways in which we really are committed to safeguarding online privacy. Remember, we may change our policy from time to time. When this happens we will notify you of the new policy by posting it on our sites.

If you have any questions, please don't hesitate to contact us!

American Bath Factory
Consumer Relations
terms@americanbathfactory.com

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Terms & Conditions Updated October 2007 This Website is provided by American Bath Factory, and its affiliates and subsidiaries (collectively, “ABF” and “we”). Your use of this Website is subject to these Terms and Conditions of Website Use (the “User Agreement”). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website. PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE Use of Material on this Site ABF grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to ABF and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the “Content”). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of ABF and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Copyrights All Content is copyrighted, and it is either owned or used with permission by ABF. ABF disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with ABF. Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right. ABF respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement. Trademarks The trademarks, logos, and service marks displayed on this Website are owned by ABF and third parties, and this Website’s trade dress is owned by ABF (collectively, the “Trademarks”, which also constitute Content). All Trademarks not owned by ABF are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark. Your Communications to ABF ABF likes to hear from you. However, in your communications with ABF, please keep in mind that, unless it specifically requests them, ABF does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to ABF any unsolicited materials, such as ideas for products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials. Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to ABF via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and ABF will not assume any responsibility, obligation, or liability for them or for ABF’s receipt or non-receipt of them. ABF’s receipt of Your Submissions is not an admission by ABF of their novelty, priority, or originality, and it does not impair ABF’s right to contest existing or future intellectual property rights relating to Your Submissions. You grant ABF a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by ABF in this User Agreement, do not and will not infringe any right of any third party. When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Online Shipping This Website and other ABF websites may offer online capabilities to purchase products (such as bathtubs) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement. A. No Purchases by Minors By ordering a product or service online from ABF, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from ABF without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order. B. Returns and Warranties Please review the information available at our online stores regarding our return policies and warranty information. Use Restrictions You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other “hidden text” utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity Community Areas: Code of Conduct ABF may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, ABF will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although ABF reserves the right to do so in its sole discretion. ABF does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties. As to any information or content that you upload or post to this Website, you represent and warrant to ABF that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services). ABF reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. ABF also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website. Investigations; Cooperation with Law Enforcement;Termination ABF reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Privacy and Security Measures ABF must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But ABF respects the privacy of its visitors. Please click here to review our Privacy Policy. We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to ABF. Nevertheless, we cannot guarantee complete security of personal information. Disclaimers and Limitations of Liability This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ABF DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN ABF WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, ABF WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Links by you to this Site You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with ABF or cause confusion among consumers, (d) the links and related content on your site do not portray ABF or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes. Links on this Website to and from Other Sites This Website may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of ABF. ABF has no control over the content of Linked Sites, and ABF does not assume any obligation to review any Linked Sites. ABF does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and ABF disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and ABF disclaims all liability in connection therewith. Banners, Advertisements and Promotions We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). ABF disclaims all liability in connection with therewith. Procedure for Alleging Copyright Infringement ABF will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the site and a description of where the material that you claim is infringing is located on that site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and, (vii) your electronic or physical signature. ABF will only receive DMCA notices e-mail or facsimile at the address and number below: By E-Mail: terms@americanbathfactory.com By Facsimile: 951-734-1480 ABF may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and ABF may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. General Provisions A. Indemnity You agree to indemnify, defend, and hold harmless ABF (which includes ABF’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website. B. Revisions to this Website and this User Agreement ABF controls and operates this Website from its headquarters in El Segundo, California in the United States of America, and ABF makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although ABF products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide. C. Operation of Website; Availability of Products and Services ABF may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. ABF may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes. D. Jurisdiction, Venue, and Alternative Dispute Resolution Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and ABF will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), administered in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by ABF relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Los Angeles County, California. Accordingly, you consent to the personal jurisdiction of the courts in Los Angeles County, California with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by ABF to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, ABF’s operations, and/or ABF’s products or services caused by your act or failure to act. E. Severability If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement. American Bath Factory Privacy Policy Updated October 2007 Use of this site signifies your acceptance of the terms and conditions. Dream Bath International and its family of companies ("ABF") are committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it. Please review the information below to familiarize yourself with our policies on website privacy, so that you can take full advantage of all the fun activities available at our sites for you and your family. Please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site. 1. Does ABF Collect Any Personal Information About Me? ABF doesn't require anyone to share any personal information about themselves in order to enjoy any of our websites. That means you can visit our sites without any need to register with us. However, most of our sites contain special sections and privileges for members that register. We do not collect any personal information from you unless it is voluntarily provided, for instance when signing a guest book, registering for contests, downloads, or free demos, completing our online customer surveys or purchasing products. The personal information we ask for is usually first and last name, mailing address, phone number and an e-mail address. See below for how we use this information. Remember, only people who are 18 or older may purchase products from our online stores. 2. What Ordering Information Does ABF Collect In Our Online Stores? We may offer opportunities to purchase products in our online stores. Customers must be over the age of 18 with a valid credit card. Visitors under 18 can use the Wish List function while browsing our online stores but cannot make purchases. When a customer places an order or requests a catalogue online, we collect information associated with the transaction, which will include the customer's name, mailing address, products ordered, shipping address, and credit card information. We ask for this information so that we may fulfill the order or catalogue request. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission to our website, and adopt careful internal procedures to safeguard this information in our system. Customers have the option of registering certain information for future orders while completing their online order. For the customers who choose to register, we will capture their login name, password, name and mailing address, alternate ship-to addresses, and credit card information. When registered customers return to the site to place subsequent orders, they can identify themselves with their login name and password. When a customer places an order online, we will send a confirming e-mail message. We may also send an occasional e-mail featuring a special promotion or product that may be of interest to customers. Any customer who prefers not to receive an online order confirmation or promotional e-mail should indicate this preference on the online store order form. If you do receive an e-mail from us that you would rather not receive, simply follow the "unsubscribe" instructions included in the e-mail. 4. What Does ABF Do With The Information We Collect? We use the personal information we collect for the purposes indicated at the time you provide such information. For instance, if you register in a contest, we will use the registration information to notify contest winners, or if you purchase a product, we will use the information to fulfill the order. Occasionally, and only with consent at the time we ask for information, we might also e-mail or mail you information on upcoming ABF products, website updates and promotions. With your consent, we may also share information with other ABF brands and ABF family companies so that they can let you and your family know about products that might be of interest. If you want to stop receiving such updates and product information at any time, just contact us at DreamBath@americanbathfactory.com. Our mailings and e-mail will also include information allowing you to ask not to receive such information in the future. 5. Does ABF Share Information About Me With Others? If you consent, ABF may provide your information to outside companies that offer products or services that may be of interest. We will remove your name from the list we provide to outside companies if you contact us at DreamBath@americanbathfactory.com. In special circumstances, ABF may give other companies access to our information database, but only if necessary to allow them to provide database or server maintenance or security, help us process and fulfill orders or requests, or provide other similar services to ABF. If we do provide access, we require those other companies to sign confidentiality agreements promising to keep secret any information they see. If ABF believes that anyone's behavior on our sites may damage us or our sites or anyone else, we may disclose the relevant personal information in order to prevent this harm. In that case, we might try to identify the wrongdoer, contact them or bring legal action against them. We may also disclose personal information if we believe that the disclosure is required by law, or in response to a legal request. 6. How Does ABF Use Cookies? A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages and us to customize our offerings; and they help you to participate in some activities or events on the site. Cookies keep track of items in your shopping cart and wish list in our online stores. We also use cookies to help us figure out how many people visit our sites, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successes and what sites might need improvement. For administrative purposes, we collect IP addresses, which is the automatic number assigned to your computer when you surf the Web. Certain Internet Service Providers may assign the same IP address to many users. The IP address allows us to count the total number of "hits" on our sites. However, your IP address and cookie are not connected to any personally identifiable or online contact information like a name and address, so you and your family remain anonymous. We also use other technology, called clear GIFs, to provide us with other important anonymous information, such as when an e-mail has been opened. 7. Does ABF Ever Collect Information Without Consent? ABF does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DON'T contain any personal information about a specific user. We don't use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. ABF doesn't use cookies for direct marketing or promotional purposes. Cookies are also not used to collect information specifically about you or your family for sharing with third parties. 8. Do ABF's Third-Party Advertisers Use Cookies? In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser. And finally... Thanks for reading our privacy policy. We hope you have a better understanding of the many activities offered on our websites and the ways in which we really are committed to safeguarding online privacy. Remember, we may change our policy from time to time. When this happens we will notify you of the new policy by posting it on our sites. If you have any questions, please don't hesitate to contact us! American Bath Factory Consumer Relations terms@americanbathfactory.com © 2007 American Bath Factory All Rights Reserved

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