Terms and Conditions

Scope; Modification of Agreement.

The Agreement constitutes the entire and only agreement between Users and Company with respect to Users' use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User's continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time.

Requirements; Termination of Access to the Site Offerings.

The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older. The Site Offerings are not intended for individuals under the age of majority. Company may terminate a User's access to the Site Offerings at any time and for any reason, in its sole discretion, including where Company believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, and other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed or availability of the Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges.

Contact Services.

By and through the Contact Services, Company provides Users with an opportunity to: (i) schedule a consultation with a Company representative to discuss bathroom renovation products and/or services; and (ii) request to be contacted in connection with bathroom renovation products and/or services as offered and provided by Company.

Registration.

Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) your full name; (b) your mailing address; (c) your e-mail address; (d) your telephone number; (e) your zip code; and/or (f) any other information requested by us on the applicable form ("Contact Data"). Upon entering personal information and clicking on the applicable submission button on the Site, you may be contacted by Company regarding your request for bathroom renovation products and/or services. You agree to provide true, accurate, current, and complete Contact Data and to update same as necessary. Company's use of the Contact Data shall be governed by the Privacy Policy.

Content.

The Site contains Content which includes but is not limited to text, video, and other information pertaining to bathroom renovation-related products and/or services. The Content is compiled, distributed, and displayed by Company. Company does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date, or appropriate. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

Representations and Warranties.

Each User hereby represents and warrants to Company as follows:

1. the Agreement constitutes the legal, valid, and binding obligation of User, which is fully enforceable against User in accordance with its terms;
2. User has independently evaluated the desirability of utilizing the Site Offerings and has not relied on any representation and/or warranty other than those set forth in the Agreement;
3. the execution, delivery, and performance of the Agreement by User will not conflict with or violate any order, judgment, decree, or agreement applicable to User; and
4. User's performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules, or regulations.

Indemnification.

Each User agrees to indemnify, defend, and hold Company, its shareholders, officers, directors, employees, agents, affiliates, and attorneys harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and/or expenses (including reasonable attorneys' fees, court costs, and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User or third-party; (b) that User's breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User's unauthorized and/or improper use of the Site Offerings.

License Grant.

Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query, or otherwise collect material from the Site Offerings except as expressly permitted by Company.

Proprietary Rights.

The Site Offerings, as well as the organization, graphics, design, compilation, software, services, and other matters related to the same, are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. The "Freedom Bath" name and logo, and all associated graphics, icons, and service names are trademarks of Freedom Bath. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

Legal Warning.

Any attempt by any individual to damage, destroy, tamper with, vandalize, and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law, and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

Disclaimer of Warranties.

THE SITE OFFERINGS AND ANY BATHROOM RENOVATION-RELATED PRODUCTS AND/OR SERVICES ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR THROUGH THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability.

EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS MAY BE BROUGHT BY ANY USER MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, AND IN SUCH JURISDICTIONS, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Third-Party Websites.

The Site Offerings may contain links to other websites on the Internet that are owned and operated by third parties, including Social Media Websites. Company does not control the information, products, or services made available on, by, or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website. Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site.

SMS Program Terms.

By providing your phone number and consenting to receive SMS communications, you agree to the following terms:

• You may opt out of SMS messages at any time by replying STOP. For help, reply HELP or contact us at info@freedombath.com.
• Message and data rates may apply. Message frequency varies based on your inquiry and our communications.
• Carriers are not liable for delayed or undelivered messages.
• For information about how we collect, use, and protect your phone number and SMS opt-in data, see our Privacy Policy.

Dispute Resolution.

The Agreement shall be treated as though it were executed and performed in Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Any award rendered shall be final and conclusive to the parties, and a judgment thereon may be entered in any court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim, dispute, or controversy that you may have against Company.

Miscellaneous.

Company's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement in whole or in part to any party at any time without notice to you. The Agreement may not be assigned by you, and you may not delegate your duties under it.

Contact Us.

If you have any questions about the Agreement, Site Offerings, or the practices of Company, you may: