Terms of Service Agreement
Welcome to Still Waters Bath!
This Terms of Service Agreement ("Agreement") constitutes a legally binding contract between Still Waters Bath LLC., a Wyoming corporation ("Still Waters Bath," "we," "us," "our") and you with respect to your use of the Still Waters Bath website, applications, and the products and services offered by Still Waters Bath through them (collectively, the “Site”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Site.
This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Changes to the Site or Terms
We reserve the right at any time to:
- change the terms and conditions of this Agreement, consistent with applicable law;
- change the Site, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
- deny or terminate your use of and/or access to the Site.
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.
Access to certain functionalities of the Site will require you to register with and/or provide certain information to Still Waters Bath. If and when you register with or provide information to Still Waters Bath, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
Home improvement professionals may elect to register as a professional and create a professional profile on Still Waters Bath. Subject to the terms of this Agreement, such users can use the features made available by Still Waters Bath to promote their business on the Site.
Your Permitted Use of Services and Information
The services made available on the Site (collectively the "Services"), as well as any information provided through the Site (collectively, the "Information"), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No Still Waters Bath materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. Still Waters Bath’s permission to you for your use of this Site expressly excludes commercial use by you of any Information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Site.
Still Waters Bath permits you to view and print a reasonable number of copies of web pages located on the Site for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Still Waters Bath, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Still Waters Bath. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Still Waters Bath promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Still Waters Bath or others.
Postings and Other Submissions
As part of your use of the Site, you may participate in certain ideabooks, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create ideabooks, post photos or comments, send any messages, or otherwise participate in any Still Waters Bath forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Still Waters Bath and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this Site.
Still Waters Bath acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Still Waters Bath in the paragraph above, and that no ownership of such copyrights is transferred to Still Waters Bath under these terms. Further, with respect to Content in the form of photos, and subject to Still Waters Bath product and user experience considerations: (a) Still Waters Bath will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) Still Waters Bath will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for Still Waters Bath Business Purposes. "Still Waters Bath Business Purposes" means any use in connection with a Still Waters Bath-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Site, the Services, the Information, Still Waters Bath, or its affiliates.
By posting or providing any Content on the Site, you represent and warrant to Still Waters Bath that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Still Waters Bath may enable you to post ratings or reviews of the Site (your "Reviews"). Reviews are considered Content. By posting a Review, you acknowledge and agree that such Content:
- is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
- is accurate, truthful and complete; and
- is not defamatory, trade libelous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
Products and Services
You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively "Products"). Such Products may be available for purchase directly from third-parties or from Still Waters Bath.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Still Waters Bath.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Still Waters Bath is not as described, then your sole remedy is to return it in unused condition
Still Waters Bath and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.
Acceptable Use Policy and Prohibited Products Policy
When using the Site, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy."
Improper use of the Information, Services or Site may result in termination of your access to and use of the Site, and/or civil or criminal liabilities.
The Site is owned and operated by Still Waters Bath and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Still Waters Bath and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Site or any Service or Information without our prior written permission. The Site, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Still Waters Bath or, if so indicated in writing by Still Waters Bath, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of Still Waters Bath, Still Waters Bath licensors and suppliers, and/or others. Still Waters Bath® is a registered trademark of Still Waters Bath, Inc. in the United States and other jurisdictions. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Still Waters Bath, Still Waters Bath licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Still Waters Bath Trademarks are our exclusive property, and any goodwill generated by your use of any Still Waters Bath Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.
Still Waters Bath Buttons, Links and Widgets
You have permission to use the Still Waters Bath buttons, links and widgets, subject to the terms of this Agreement (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Site; (b) you do not modify such buttons, links, widgets or associated code in any manner; (c) you do not use any such buttons, links, widgets in any manner which implies or suggests that Still Waters Bath operates, endorses, sponsors or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Still Waters Bath’s Acceptable Use Policy. We retain the right to revoke the permission to use such buttons, links and widgets at any time for any reason.
Copyright and Trademark Policy
Still Waters Bath has adopted and implemented a Copyright and Trademark policy in accordance with the Digital Millennium Copyright Act (DMCA). For more information, including detailed information about how to submit a request for takedown if you believe content on the Site infringes your intellectual property rights, please read our Copyright and Trademark Policy.
Reports of Other Violations
If you believe content on the Site violates Still Waters Bath’s Acceptable Use Policy, or otherwise violates applicable law, Still Waters Bath may consider a takedown request of this nature but is not obligated to respond.
We welcome your feedback and suggestions about how to improve Still Waters Bath. Feel free to submit feedback at firstname.lastname@example.org. By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Term & Termination
This Agreement is effective from the date that you first access the Site or submit any information to Still Waters Bath, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Still Waters Bath, may result in immediate termination of this Agreement, and/or your access to and use of the Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, Still Waters Bath rights of ownership, and licenses to Still Waters Bath shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Still Waters Bath to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STILL WATERS BATH ENTITIES TO YOU.
“STILL WATERS BATH ENTITIES” MEANS STILL WATERS BATH, LLC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STILL WATERS BATH ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- STILL WATERS BATH ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, STILL WATERS BATH ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT STILL WATERS BATH ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold Still Waters Bath, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy (b) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Site or other websites to which the Site is linked; and/or (d) your negligent or willful misconduct.
Supplemental Terms for Certain Services
Certain services offered on the Site may require you to enter into a separate agreement and/or be subject to additional terms. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
Additional Application Terms
If you access the Site through a Still Waters Bath application, you acknowledge that this Agreement is between you and Still Waters Bath only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
You and Still Waters Bath agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site or Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Still Waters Bath each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Still Waters Bath agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org or by calling the AA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Still Waters Bath as provided herein or otherwise by written instrument signed by Still Waters Bath. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Still Waters Bath's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Still Waters Bath may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Site is Operated By
Still Waters Bath LLC.
Last modified as of December 30, 2015