Term and Services
Introduction
Welcome! These Terms of Service (the “Terms” or “Agreement”) apply to this website and all other websites, services, mobile, software, and other applications, platforms, and tools where these Terms are posted or where our products are sold (collectively, the “Site”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. These Terms form a binding legal agreement that governs your (“you” or “your”) use and access to the Site provided Bathlyn (“Company,” “we,” “our,” or “us”). By using the Site, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old and, if applicable, authorized to act on behalf of and bind any company using the Site. If you do not agree to these Terms or if you are not legally competent to agree to them, then you may not use the Site. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. You and Company may be referred to collectively as the “Parties” or individually as a “Party.”
By visiting the Site and/or purchasing items from Company, you are engaging in our “Service(s)” and agree to be bound by these Terms, including any additional conditions, warranties, and policies referenced herein and/or available by hyperlink. Company has the right, in its sole discretion, to modify any portion of these Terms at any time by posting a new version on the Site. You should check these Terms for changes. Your use of the Site or Services following any modifications constitutes your acceptance to the modified terms.
Dispute Resolution
THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND COMPANY MUST BE RESOLVED.
Arbitration: You and Company agree that all Claims must be resolved exclusively through final and binding arbitration, rather than in court. “Claim(s)” means any claim or dispute between the Parties and/or their parents, subsidiaries, affiliated companies, employees, agents, officers, owners, or directors (who shall be third-party beneficiaries of this arbitration provision) arising out of or related to this Agreement, the Site, and/or the Services. There is no judge or jury in arbitration. One arbitrator will resolve any and all Claims, including any disputes arising out of or related to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that the requirement to arbitrate is void or voidable. The arbitrator’s award will be final and binding, and a judgment on the arbitrator’s award may be entered by a court. The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. If JAMS is unavailable to arbitrate a Claim, you and Company agree to arbitrate using an alternative arbitral forum. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. Either Party may litigate for injunctive relief in aid of arbitration, to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
Payment of Fees: If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. You and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
Class Action Waiver: YOU AND COMPANY MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
Small Claims Actions: Notwithstanding the arbitration provision above, you may assert a Claim on an individual basis in small claims court if the Claim qualifies for small claims jurisdiction, which in California is a claim of $10,000 USD or less, excluding costs, interest, and attorney’s fees to the extent available.
Governing Law and Location: The Parties agree that all matters relating to this Agreement, the Site, and/or the Services, including all disputes, will be exclusively governed by and construed in accordance with the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, exclusive of conflict or choice of law rules. The location of the arbitration shall be San Francisco, California or the county where or closest to where you reside, provided that either Party may choose to have the arbitration conducted by telephone, video conference, written submissions, or another mutually agreed upon location.
Personal Information and Privacy
Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy for additional information.
Refunds and Exchanges
Refunds and exchanges are subject to our Refund, Exchange & Return Policy, which is incorporated herein by reference. Please review our policy for more information. Please note that certain products may be subject to a restocking fee upon return. Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We make efforts to accurately display the colors and images of our products as they appear in person, but we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction subject to applicable laws. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice in the sole discretion of Company. We reserve the right to discontinue any product or Services at any time. Any offer for any product or Services made through the Site is void where prohibited.
Limited Warranty
Company offers a Limited Warranty, which is incorporated herein by reference. Please review our Limited Warranty for more information.
Transactions and Accounts
Transactions: Company makes available the ability to purchase or otherwise obtain certain products or Services through the Site or through other sales channels including third party retailers (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT INFORMATION THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transaction.
Order Acceptance: Company reserves the right to limit the order quantity on any item and/or to refuse Services to any customer subject to applicable laws. Verification of information may be required prior to the acceptance of an order. Prices and availability of products or Services on the Site are subject to change without notice. Errors will be corrected when discovered, and Company reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Company reserves the right, in its sole discretion, to modify, refuse, or cancel any order for any reason without prior notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of products or Services. Your Account (defined below) may also be restricted or terminated for any reason, in our sole discretion, including for your non-compliance.
Accuracy of Information: We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer or credit card and/or orders that use the same address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, phone number, or billing address provided at the time the order was made. The Services are intended for consumers’ personal use. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and Account information for all purchases made on the Site and to promptly update your Account and other information, including your email address and credit card information, so that we can complete your Transaction and contact you as necessary.
Creating an Account: To use the Site and order products or Services, you may be required to register or create a user account (“Account”). All information you provide in connection with your Account must be current, complete, and accurate, and you must update the information as necessary. You agree that you will not submit any fake content or impersonate another in connection with the Services. We may reject or require that you change any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You, and not Company, are solely responsible for any use or misuse of your Account, username, and password, and you must promptly notify us of any confidentiality breach or unauthorized use of the same.
User Generated Content: Should you send creative ideas, suggestions, comments, feedback, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”) to Company, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such User Content. We are not under any obligation to: (i) maintain any User Content in confidence; (ii) pay compensation for any User Content; or (iii) respond to any User Content. We may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property or other rights or these Terms. Requests for removal of User Content may be sent to Company via email at info@robamusa.com. You agree that your User Content will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Site or any related website, server, or tool. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you create and its contents. DO NOT POST ANY USER CONTENT THAT IS PRIVATE OR CONFIDENTIAL. Company takes no responsibility and assumes no liability for any User Content.
Optional Tools and Third-Party Services
Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
Third-Party Services. Third-party content, products, materials, information, websites, and services (“Third-Party Service(s)”) may be available via or linked from the Site. Third parties are exclusively responsible for their own Third-Party Services, regardless of whether Third-Party Services are linked from, referenced in, or made available by Company. Company does not represent that any Third-Party Services will be available, reliable, error free, the best offer, or satisfy your expectations. We are not responsible for examining the content or accuracy of, and we will have no liability or responsibility for, any Third-Party Services. We are not liable for any harm or damages related to the purchase or use of or transactions related to Third-Party Services. Complaints or questions regarding Third-Party Services should be directed to the respective third-party. Third parties may have their own terms and privacy policies, and you should review the same before using Third-Party Services. Company expressly disclaims all representations and warranties, express and implied, including implied warranties of fitness, merchantability, non-infringement, and course of dealing, arising from or related to Third-Party Services. Company will not be liable or responsible for any direct, indirect, consequential, punitive, or other damages or loss arising from or related to Third-Party Services. You hereby release Company and its owners, employees, and agents from any and all claims, damages, and loss of every kind and nature arising out of or related to Third-Party Services.
Third-Party Installation: For your convenience, the Site may refer to Third-Party Services for installation of the product(s) you ordered. If you select such installation services on the Site, we may collect and provide your information to a third-party installer to schedule an installation appointment with you. We may list the approximate installation charges on the Site for your convenience only. You are responsible for contracting with and paying the respective installer directly. Company makes no authorizations, guarantees, endorsements, or promises regarding such services. Company does not control, is not responsible for, and does not receive any payment or profits for such services. Company is not a party to any contract between you and any third-party installer. Use of such services is at your own risk. While Company makes reasonable efforts to reference suitable third-party installation services, it has not fully reviewed, and it cannot control, third parties. You understand and agree that our Limited Warranty and Refund, Exchange & Return Policy do not cover Third-Party Services, including installation services.
Disclaimer of Warranties
What is Covered
The warranty covers any defects in materials and workmanship in the product
Any alterations, modifications, misuse, abuse, accidents, negligence, exposure to excessive moisture, fire, improper packing and shipping (such claims must be made to the carrier), or other acts of nature are not covered by this warranty. It also does not cover any damage, deterioration, or malfunction that results from normal wear and tear. The installation or removal of this product from any installation, any illegal tampering with it, or any repairs made by anyone not authorized by Bathlyn are not covered by this limited warranty. to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, AGENTS, OFFICERS, OWNERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO OUR LIMITED WARRANTY: (i) COMPANY WILL NOT BE LIABLE FOR DAMAGES OR LOSS OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS; (ii) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS IS TO STOP USING THE SITE; AND (iii) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (a) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR PRODUCTS OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION; OR (b) $100 USD. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Intellectual Property
Company and/or its licensors own all right, title, and interest in and to the Site, products, and Services and all related technology and intellectual property and proprietary content, including all related copyrights and trademarks. Subject to your compliance with this Agreement and all applicable laws, Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site and Services solely in accordance with the Agreement for your personal use and as intended by the Site and Services. No part of the Site or Services may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement. You represent and warrant that, when using the Site, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. Company and its name, trade names, and logos (collectively, the "Company Marks") are trademarks of Company. Neither your use of the Site, Services, nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks. All content and other materials available through the Site, including without limitation Company logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Company or are the property of Company’s licensors and suppliers. Except as explicitly provided, neither your use of the Site, Services, nor this Agreement grant you any right, title, or interest in any such materials. You will remain the owner of your User Content, provided that by using the Site or Services, you grant to Company a worldwide, non-exclusive, transferable, sub-licensable, paid up, royalty-free, irrevocable license to copy, publish, edit, and display your User Content, such as any reviews about us, in any media, including in relation to the Services, including for marketing Company, the Site, and the Services.
Prohibited Uses
By submitting User Content and/or otherwise using the Site, you agree to not: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant the rights and license granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically, or otherwise objectionable; (iii) use the Site to harm any person or entity, including Company; (iv) impersonate or otherwise misrepresent an affiliation, connection, or association with, any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and U.S. Securities and Exchange Commission; (ix) harvest or otherwise collect personal information about other users of the Site without their consent; (x) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person or third party; (xi) use the Site in any manner that could overburden or impair the Site or the networks or systems connected to the Site; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
You will not attempt to modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any content that forms part or all the Site or Services. You will not attempt to reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software employed by Company. You will not use the Site in a manner that could disable, overburden, damage, or impair the Site. You will not use any robot, spider, or automatic device to access the Site for any reason. You will not introduce any virus or other malware to the Site or any related website, application, or server. You will not attempt to gain access to any aspect of the Site that you are not authorized to access. You will not attempt to resell or sublicense any Company products or Services. You will not use the Site to engage in any conduct that restricts or inhibits the use of the Site by any other person, or which, as determined by Company, may harm Company or other users of the Site or expose them to liability. You agree to only use the Site and Services for a lawful purpose and that, in using the Site and Services, you will not submit any false or misleading information or violate this Agreement or any applicable laws.
Indemnification
You agree to defend, indemnify, and hold harmless Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, and directors, harmless from any demands, loss, liability, claims, and expenses (including attorney’s fees) made by any third party due to or arising out of your use of the Site or Services, your Account or User Content, or your violation of these Terms or any law.
Termination
This Agreement is effective until terminated. You agree that Company, in its sole discretion, may terminate your Account and your use of the Site and Services, and may remove and delete your User Content, if we believe you have violated or acted inconsistently with these Terms or for any other reason. Company may also, in its sole discretion and at any time, terminate this Agreement or discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that Company will not be liable to you or any third-party for any termination of access to the Site or Services. If you wish to terminate this Agreement, you should stop using the Site and Services. Sections regarding dispute resolution, refunds and exchanges, limited warranties and disclaimer of warranties, limitation of liability, Third-Party Services, intellectual property, prohibited uses, indemnification, and miscellaneous terms will survive any termination.
Miscellaneous Terms
The headings herein are for convenience only. The Parties will not be liable for any delay or failure to perform any obligations under this Agreement where the delay or failure results from any cause beyond the respective Party’s reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, earthquake, storms, or other elements of nature, pandemics, epidemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. These Terms set forth the entire Agreement between you and Company with respect to use of the Site and Services and supersede any prior agreements between you and Company relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with Company's prior written consent. No waiver by either Party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. By submitting your contact information through the Site or Services, you expressly agree to be contacted by us and our agents for marketing purposes. You may opt out of marketing communications at any time by following the instructions in each communication or contacting us; if you opt out, we may still send you non-promotional communications, such as updates to this Agreement or our Privacy Policy. Other than as authorized by this Agreement, this Agreement may not be modified without the written consent of both Parties. In the event any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity or enforceability of any other remaining provisions.
Contact Information
Any questions about the Terms or Services should be sent to info@bathlyn.com