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Privacy Policy  
 

TERMS AND CONDITIONS OF USE

PRIVACY POLICY

This website is the sole property of Mybath.com.  By accessing this site, you are agreeing to the terms and conditions expressed below.  These terms and conditions may change at any time without prior notice.  You may wish to refer back to this page in the future for updated terms and conditions of use.  Note, however, that the temporary unavailability of this page in no way limits Mybath.com’s ability to change these terms and conditions without notice.  By using this site without first viewing the current terms and conditions of use, you are agreeing to be bound by those current terms and conditions, notwithstanding temporary unavailability of this page.

Mybath.com has tried to provide accurate information on this site.  Further, we try to update and maintain the accuracy of this information in a timely manner.  Nevertheless, the content of this site may not always be accurate, complete, or up to date, and may sometimes include technical or typographical errors and inaccuracies.  Mybath.com may change the content of this site without notice.  This includes information about its products, prices and any other information.  The content on this site is provided exclusively for the convenience of our customers and other interested parties and is for informational purposes only.  Anyone intending to purchase products and make other personal decisions based on any information found on this site should first verify by other reasonable means that the information is accurate and correct.  Any decision made by the user is the sole responsibility of the user.  If you have any questions about the content of this site, or if you require more specific information, you may contact Mybath.com at the numbers provided at the Contact Information section of this site.

The products referred to on this site are provided by Mybath.com and are subject to change at any time, without notice.  Product availability may change from time to time, and products shown on this site may sometimes be unavailable.  Nothing on this site assures or implies that any product will be available when requested.

APPLICABLE LAW

These Terms and Conditions of Use and all information on this site are governed by and shall be construed in accordance wit the laws of the State of New Jersey and of the United States of America.  The venue for any matter relating to or arising from this site shall be in the state or federal court of competent jurisdiction in the State of New Jersey .  To the extent any portion of these Terms and Conditions of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions of Use, as modified, shall remain in full force and effect.  Any dispute relating in any way to your visit to Mybath.com or to products you purchase through Mybath.com shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate Mybath.com's intellectual property rights, Mybath.com may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Mybath.com does not sell products for children, but it sells them to adults, who can purchase with a credit card.  If you are under 18, do not use this site.  Mybath.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from Mybath.com are subject to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

CHANGES TO TERMS AND CONDITIONS OF USE

We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site may contain links to third-party sites.  These links are provided to you as a convenience and in no way constitute an endorsement of the material you find on those sites.  Mybath.com is not responsible for the content found on any third party site, or the quality of any product, service or any results that stem from interaction, in any capacity, with these sites or the entities that maintain them.  We encourage you to read thoroughly the terms and use and privacy policy of any third party site.

THIS SITE IS PROVIDED BY MYBATH.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MYBATH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYBATH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MYBATH.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYBATH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MYBATH.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INFORMATION COLLECTION & USE

Mybath.com gathers customer information to improve the content on our website, to enhance your online shopping experience, and for marketing and promotional purposes.  At the present time, this includes customer information provided by customers in the course of sales transactions on our site and in response to requests for information.  Examples of such information are: name, postal address, email address and phone number.

When you make a purchase from Mybath.com, we will ask for information such as credit card numbers and billing address information.  Mybath.com is the sole owner of the information collected on its Web sites.  We will not sell, share, or rent this information to others.

SECURITY

Mybath.com takes reasonable measure to guard your information.  We use reasonable technical solutions to make shopping at our Web site as safe as online shopping can reasonably be, but you should understand that no information system can ever be made 100% secure.  Your information is encrypted and is protected by industry-standard Secure Sockets Lay (SSL) software.

COOKIES

Our Web sites use “cookies,” small pieces of data stored on your computer and delivered through your Web browser.  Most, if not all, e-commerce merchants now use cookies.  By using this technology we can provide you with an enhanced shopping experience.  It is possible for you to turn off cookies in your Web browser.  If you do this, you can still browse our Web sites, but we will not be able to provide you with a more personalized shopping experience or accept orders from you.

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