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TERMS AND CONDITIONS
Welcome to the AquaDoula website (the "Site"). The Site, as well as the websites of our affiliates and subsidiaries, are currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms “AquaDoula”, "TUBS TO GO!, Inc.", "we", "us", and "our" refer to TUBS TO GO!, Inc., and its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Please review our Privacy and Security Statement, which also governs your visit to the Site, to understand our practices.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
TUBS TO GO!, Inc. is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy that repeat infringers will have their access to the Site terminated. In order for us to investigate your claim of infringement, you must provide us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to TUBS TO GO!, Inc.'s agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
TUBS TO GO!, Inc.
3101-111th Street SW, Unit “N”
Everett, Washington 98204
TUBS TO GO!, Inc. and other marks indicated on the Site are registered trademarks or registered service marks of TUBS TO GO!, Inc., in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TUBS TO GO!, Inc. TUBS TO GO!, Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not TUBS TO GO!, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TUBS TO GO!, Inc. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TUBS TO GO!, Inc.
You may not download (other than page caching) or modify the Site or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TUBS TO GO!, Inc. or its affiliates without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent.
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We are not responsible for the content of any sites that may be linked to or from the Site, or any bulletin board associated with TUBS TO GO!, Inc. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from TUBS TO GO!, Inc., and TUBS TO GO!, Inc. has no control over the content of that other website. In addition, a link to any other web site does not imply that TUBS TO GO!, Inc. endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TUBS TO GO!, Inc. of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available" basis. Neither TUBS TO GO!, Inc., nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. TUBS TO GO!, Inc., does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. TUBS TO GO!, INC. SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TUBS TO GO!, INC. SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.
Under no circumstances shall TUBS TO GO!, Inc. be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Site records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of TUBS TO GO!, Inc. has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer for details.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), TUBS TO GO!, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of TUBS TO GO!, Inc., its Associates, and you.
We reserve the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, TUBS TO GO!, Inc., the communities that make up TUBS TO GO!, Inc., or any rights of TUBS TO GO!, Inc. or any third party. Notwithstanding the foregoing, TUBS TO GO!, Inc. cannot ensure prompt removal of questionable Content after online posting. Accordingly, neither TUBS TO GO!, Inc., nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Termination of usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, or TUBS TO GO!, Inc. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
By visiting the Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and TUBS TO GO!, Inc. or its affiliates and subsidiaries.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate TUBS TO GO!, Inc.'s intellectual property rights, TUBS TO GO!, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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.
Site policies, modification and severability
Please review our other policies, such as our Privacy and Security Policy, posted on the Site. These policies also govern your visit tothe Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions 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.
PRIVACY AND SECURITY
TUBS TO GO!, INC. IS COMMITTED TO YOUR PRIVACY
Your privacy is important, so we have created the following Privacy and Security Policy to let you know what information we collect when you visit our AquaDoula website, why we collect it, and how it is used. This Privacy and Security Policy also addresses our data security practices, the options you have to access and control any personally identifiable information you provide to us, and other matters. This Privacy and Security Policy is governed by our Terms and Conditions. We may periodically make changes to this Privacy and Security Policy which will include on this page. It is your responsibility to review this Privacy and Security Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.
WHAT INFORMATION DO WE COLLECT FROM YOU? WHY?
We May Collect Information Needed to Contact You Later:
If we collect personal contact information (as described below), you may later access and modify it, and remove it from our system. You may also choose simply not to provide your personal contact information at the point of collection.
We May Collect Your Name, Address and Phone Number. When you use our website, we may request your name, street address, telephone number or other "real world" contact information.
We use this information to complete and support your purchases from and use of the AquaDoula website, for internal purposes and to comply with any requirements of law. This information may be disclosed to our staff and to third parties involved in the completion of your transaction, the delivery of your order or the support of your use of the AquaDoula website.
We May Collect Your Email Address. We may request your email address, or other information needed to contact you online. We use it to complete and support your purchases from and use of the AquaDoula website, and to comply with any requirements of law, to respond to any questions you might have and to provide you with information about specials occurring on the AquaDoula website if you have opted-in to this service on the Account Login page. This information may be disclosed to our staff and to third parties involved in the completion of your transaction, the delivery of your order or the support of your use of the AquaDoula website.
We May Collect Other Kinds of Information from You:
When you use our website, we may collect personal information about you described below. You may later access and modify the information, and have it removed. You may also choose simply not to provide your personal contact information at the point of collection.
We May Collect Purchase Information. We may collect information actively generated by the purchase of a product or service, such as a payment method. We use this information to process your order and support your use of theAquaDoula website. This information may be disclosed only to our staff and to third parties involved in the completion of your transaction, the delivery of your order or the support of your use of the AquaDoula website.
CERTAIN EXCEPTIONAL DISCLOSURES
We may disclose your information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or TUBS TO GO!, Inc. has good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on TUBS TO GO!, Inc. or (2) to protect and defend the property or rights of TUBS TO GO!, Inc., the users of its website or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk protection. If TUBS TO GO!, Inc. should ever file for bankruptcy or merge with another company, we may sell the information you provide to us on the TUBS TO GO!, Inc. website to a third party or share your personal information with the company we merge with.
HOW DO WE PROTECT INFORMATION WE COLLECT?
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our website reduce the likelihood of security problems to a level appropriate to the type of data involved.
HOW LONG DO WE KEEP USER INFORMATION?
We generally keep user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it.
Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Note: we have greater control over recently collected data than for archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.
YOUR CONSENT TO THIS POLICY
By using the AquaDoula website, you agree to this Privacy and Security Policy. This is our entire and exclusive Privacy and Security Policy and it supersedes any earlier version. Our Terms and Conditions take precedence over any conflicting Policy provision. We may change our Privacy and Security Policy by posting a new version of the policy on this page which it is your responsibility to review frequently.
This Site operates AS-IS and AS-AVAILABLE, without liability of any kind. We are not responsible for events beyond our direct control. This Privacy and Security Policy is governed by Washington law, excluding conflicts of law principles. Any legal actions against us must be commenced in Washington within one year after the claim arose, or be barred.
IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about the AquaDoula website, please email: firstname.lastname@example.org. Or write: TUBS TO GO!, Inc., 3101-111th Street SW, Unit “N”, Everett, WA 98204.
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Copyright © 2004 TUBS TO GO! Inc. All rights reserved. The AquaDoula™ is a product and trademark of TUBS TO GO!® Inc. Patent pending.