1. Disclaimer of Warranties.
The site is provided by Classic Clawfoot Tubs on an "as is" and on an "as available" basis. All products are subject to the warranties of their respective manufacturers. To the fullest extent permitted by applicable law, Classic Clawfoot makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Classic Clawfoot shall have no liability for any interruptions in the use of this Website. Classic Clawfoot disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
2. Limitation of Liability
CLASSIC CLAWFOOT TUBS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CLASSIC CLAWFOOT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CLASSIC CLAWFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Classic Clawfoot Tubs, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
Classic Clawfoot Tubs reserves the right to modify or discontinue the Service with or without notice to the Member. Classic Clawfoot shall not be liable to Member or any third party should Classic Clawfoot exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Classic Clawfoot does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Classic Clawfoot makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Classic Clawfoot makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts
8. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Resolution of Disputes
Any controversy or claim arising out of or relating to any transaction to which these Terms and Conditions apply, the relationship between the parties, or the products purchased from Classic Clawfoot, including the scope of this arbitration agreement, will be resolved by final, binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-474-2371. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ¤¤ 1-16) and the laws of the Commonwealth of California regarding the enforcement of arbitration awards. Hearings shall be held as provided by the Code and if any In-person Hearing is required or held, it shall be held in Placer County, California at a location to be specified by Classic Clawfoot. Classic Clawfoot Tubs shall be awarded its attorney fees and all costs and expenses of the arbitration, including any related post-arbitration enforcement, collection or other legal action, in the event that Classic Clawfoot prevails on any matter. If for any reason the above arbitration clause does not apply, or if there is any non-arbitration proceeding, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Calfornia or, for matters not susceptible of adjudication in the federal courts, the courts of the State of California, located in Placer County, in all disputes arising out of or relating to any transaction to which these Terms and Conditions apply. Classic Clawfoot shall be awarded its attorney fees and all costs and expenses of the action, including any related post-decision enforcement, collection, appeal, or other legal action, in the event that Classic Clawfoot prevails on any matter. You hereby submit to the personal jurisdiction of said courts. No claim, proceeding, action or arbitration may be maintained if commenced later than one year after the accrual of the cause of action.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 ClassicClawfootTubs.com, with all rights reserved, or is the property of Classic Clawfoot Tubs and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Classic Clawfoot is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Classic Clawfoot.
Classic Clawfoot™ and ClassicClawfootTubs.com™ are proprietary marks of ClassicClawfootTubs.com. Classic Clawfoot's trademarks may not be used in connection with any product or service that is not provided by Classic Clawfoot, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Classic Clawfoot.
All other trademarks displayed on Classic Clawfoot's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Classic Clawfoot.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ClassicClawfootTubs.com designates the following as its agent for receipt of notifications of claimed copyright infringement.
Classic Clawfoot Tubs
Attn: Legal Dept.
3313 W. Cherry Ln. #612
Meridian, ID 83642
12. Other Terms