Terms of Use
Welcome to the website of Zhoubathroom.com. Zhoubathroom.com, including its owners and operators, provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Zhoubathroom.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Zhoubathroom.com reserves the right to change this site and these terms and conditions at any time, and any material changes will become effective within 30 days of posting on the website. Therefore, you should review these Terms of Use regularly and in any event at least every 30 days.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, including the BINDING ARBITRATION section containing an ARBITRATION AGREEMENT, and the separate CLASS ACTION WAIVER provision. Please read this agreement carefully before proceeding. If you do not agree to these terms and conditions, then you are not authorized to use this website or any Zhoubathroom.com service.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Zhoubathroom.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Zhoubathroom.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Zhoubathroom.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Zhoubathroom.com in advance. Zhoubathroom.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Zhoubathroom.com believes that customer conduct violates applicable law or is harmful to Zhoubathroom.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Zhoubathroom.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Zhoubathroom.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Zhoubathroom.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Zhoubathroom.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Zhoubathroom.com without charge and Zhoubathroom.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Zhoubathroom.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Zhoubathroom.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Zhoubathroom.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Zhoubathroom.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Zhoubathroom.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Zhoubathroom.com or third parties as to the origin of any Submissions or Content. Zhoubathroom.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
COPYRIGHT
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Zhoubathroom.com (collectively, "Content"), belongs exclusively to Zhoubathroom.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Zhoubathroom.com, without Zhoubathroom.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Zhoubathroom.com as well as the use of Zhoubathroom.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Zhoubathroom.com. You may not use Zhoubathroom.com's Content or Compilation in any manner that disparages or discredits Zhoubathroom.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Zhoubathroom.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Zhoubathroom.com. Violators will be prosecuted to the full extent of the law.
Zhoubathroom.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to Zhoubathroom.com and are the sole property of the copyright or trademark holders.
INTELLECTUAL PROPERTY INFRINGEMENT POLICY
It is the policy of Zhoubathroom.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Zhoubathroom.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to order@Zhoubathroom.com.
Information required:
· An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
· A description of the allegedly infringing work or material;
· A description of where the allegedly infringing material is located on the site (product(s) URL);
· Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
· A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
· Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
· A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
BINDING ARBITRATION
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES ARBITRATION OF DISPUTES AND LIMITS THE MANNER IN WHICH THE PARTIES CAN SEEK RELIEF.
Arbitration of Disputes
In the event of any dispute, claim, or controversy between you and us of any kind relating specifically to our products and purchases of our products (whether through the websites or otherwise) (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed under the Federal Arbitration Act (“FAA”), subject to the Process described and defined below. For avoidance of doubt, any dispute concerning or relating to arbitrability shall be resolved exclusively by a court of law unless otherwise agreed to by the parties. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS DISPUTE IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. This provision shall apply, without limitation, to all Disputes that arose or were asserted before or after your acceptance of this Agreement and shall survive termination of this Agreement.
Neither you nor we will be entitled to:
Join, consolidate or combine Disputes by or against others in any arbitration with the exception of applicable arbitrator rules related to mass or multiple arbitration filings and our agreement below; or
Include in any arbitration any Disputes as a representative or member of a class.
Commencement of Disputes
You and we agree to work together in an effort to resolve any Dispute between us. The party initiating a Dispute must, before filing any claim, send the other an individual written notice of the Dispute which is personally-signed (in the case of any digital signature, the digital signature shall comply with the requirements of the federal E-Sign Act) by email. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. If you have a Dispute with us, you must send this notice to order@Zhoubathroom.com.
The written notice must include the disputing party’s name and residential address, phone number, the email address for your user account (as applicable), and a clear and detailed statement of the claim (including requested relief and the basis for relief). For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to resolve the Dispute. The party receiving the notice may request a telephone or video conference to aid in the resolution of the Dispute. If such a conference is requested, you and a company representative will personally attend the conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this mandatory dispute resolution process (“Process”) is a condition precedent to initiating a Dispute in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration then underway shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this Section limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.
Arbiter of Disputes
Any arbitration of a Dispute will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the National Arbitration and Mediation (“NAM”) pursuant to its then current rules, including, as applicable, NAM’s Comprehensive Dispute Resolution Rules and NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Rules”), as modified by this Agreement. All applicable NAM Rules and procedures are available at the NAM website at www.namadr.com. If the NAM is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing party.
Remedies
Except as otherwise provided in this Agreement, the arbitrator shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online, provided a court in that county would have personal jurisdiction over all parties in the dispute. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our intellectual property or proprietary interests. Additionally, nothing herein shall limit your ability to seek public injunctive relief in arbitration or in a court of competent jurisdiction, as applicable.
Severance
If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, then the entirety of it shall be severed and invalidated from this Agreement and any Dispute may only proceed in a court of law.
CLASS ACTION WAIVER
Except for mass or multiple arbitrations under the arbitrator's mass filing rules, and unless otherwise agreed to by the parties, you and we agree that any proceeding or lawsuit, whether brought in arbitration or in a court of law, shall be limited to dispute(s) between us and you individually and not in a class, consolidated, or representative action. We agree to waive the right to jury trial in any court proceeding. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other, except for coordinated arbitration of twenty-five (25) or more Disputes against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations; (ii) there is no right or authority for any Dispute to be arbitrated, litigated, or resolved on a class action-basis or to utilize class action procedures without the express agreement of the parties; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons without the express agreement of the parties. If this class action and jury trial waiver is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this Class Action Waiver, which shall remain in full force and effect.
EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Zhoubathroom.com may, without prior notice to you, immediately terminate the Agreement.
In addition, Zhoubathroom.com may at any time cease operating the website without notice. Upon any such termination, you shall immediately cease all access to and use of the site and Zhoubathroom.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of the website, services or this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Zhoubathroom.com ON AN “AS IS” BASIS. Zhoubathroom.com MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Zhoubathroom.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Zhoubathroom.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Zhoubathroom.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Zhoubathroom.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Zhoubathroom.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Zhoubathroom.com’s LIABILITY.
CHOICE OF LAW AND FORUM SELECTION
Any disputes arising out of or related to this Agreement, or the parties' relationship created hereby, or any transaction on zhoubathroom.com, shall be governed by the internal law of the State of Texas. In addition, with the exception of any arbitrable claims as per this Agreement, any such dispute shall be heard only in the state or federal courts located in the State of Texas, to the exclusion of all other courts and fora.
ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. Zhoubathroom.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase or shipping, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Please note that without our prior express written consent, you shall not dispose of the products and/or services purchased from us in a way competitive with or otherwise detrimental to Zhoubathroom.com’s business, including without limitation selling them online.
TYPOGRAPHICAL ERRORS
While Zhoubathroom.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Zhoubathroom.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Zhoubathroom.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Zhoubathroom.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
PRICING & CURRENCIES
We strive to bring you the lowest prices. In most instances, the strike-through or reference price indicates a product’s sold price within the immediately preceding 90-120 days, but may or may not have been offered by other retailers at or above that price in the past and may not be offered for sale by us or other retailers at that price on any future date. Thus, the strike-through price may not necessarily be the prevailing market price, regular retail price, or former price of a product. In addition, products may be offered by us or other retailers at the same or lower prices during future promotional events beginning on or after the last day of any advertised promotion.
Pricing of products sold by Zhoubathroom.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Zhoubathroom.com is not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that Zhoubathroom.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Zhoubathroom.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Zhoubathroom.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Zhoubathroom.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Zhoubathroom.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
SEVERANCE
Unless as otherwise stated, if this Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this Agreement, which shall remain in full force and effect.