While Bath Tune-Up maintains copyright protection in all materials, information and publications (collectively, “Web site information”) it places on this Web site, Bath Tune-Up consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web site information will retain all copyright and other proprietary notices and that you will not modify the Web site information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web site information, in whole or in part, without the prior written consent of Bath Tune-Up
Certain restricted product information is available on this Web site only to licensed customers of Bath Tune-Up that are registered to receive information via passwords issued by Bath Tune-Up This restricted information is considered confidential and proprietary information of Bath Tune-Up If you are a registered customer or a representative of a registered customer, Bath Tune-Up authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by Bath Tune-Up Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with Bath Tune-Up You shall not transfer your password to unauthorized parties. You will immediately notify Bath Tune-Up of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web site information or area within this Web site.
Certain information available on this Web site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Bath Tune-Up has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party’s Web site an endorsement of such other party, their products or their services.
You may link to the Bath Tune-Up home page, but are not authorized to link to any other page on the Bath Tune-Up Web site without the prior express written consent of Bath Tune-Up provided that Bath Tune-Up reserves the right to withdraw this consent at any time in its discretion. You may not use any of Bath Tune-Up’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Bath Tune-Up; 2) cause confusion, mistake, or deception; 3) dilute Bath Tune-Up’s trademarks, service marks or trade names; or 4) otherwise violate applicable law.
Bath Tune-Up makes no representations or promises to develop, provide or market any software, service or product discussed on this Web site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.
Web site information may refer to products, programs or services that are not available in your country. Consult your Bath Tune-Up representative for information about the products, programs and services that may be available to you.
Any software that is available for download from this Web site is the copyrighted property of Bath Tune-Up and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web site, if any, is governed by the terms of the agreement applicable to that product or service.
Neither Bath Tune-Up nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Bath Tune-Up Bath Tune-Up shall have no responsibility to provide access to this Web site while the interruption of this Web site due to any such cause shall continue. Bath Tune-Up may discontinue providing access to this Web site at any time.
Limitation of Liability
THIS WEB SITE AND ALL WEB SITE INFORMATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL ANY MEMBER OF BATH TUNE-UP SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.BATHTUNEUP.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF BATH TUNE-UP SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold Bath Tune-Up harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Web site or any Web site information.
Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web site or any Web site information provided on or pursuant to this Web site except in full compliance with all United States, foreign and other applicable laws and regulations.
Restricted Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web site information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this Web site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is Bath Tune-Up, 813 Circle Drive , Aberdeen, SD 57401. Any contract notices should be sent to this address.
Information you provide directly, such as your name or ordering information when you register or make an online order, or any chat room postings or e-mail messages you send us;
The Web pages your Internet browser visits;
Aggregate data, such as the number of hits per week, per Web page.
How Do We Use This Information?
Bath Tune-Up does not rent or sell customer lists to other companies. Instead, we use information collected via the Web site in the following ways:
For information you provide directly, such as ordering information or e-mail messages, we use the information to respond to your orders and requests.
For some registration and use data, we may direct you to particular Web pages, customize the Web pages you see, or otherwise increase the relevance of the information you access through the Web site.
For information about Web pages visited, page hits per week, and the like, we use this information internally to improve the design of our Web pages.
Bath Tune-Up may use third-party storage or service-provider companies to perform some functions including the processing of data.
Bath Tune-Up maintains e-mail lists to keep interested parties informed about our company, events, products, support, and more. We do not sell the addresses on our list, but we may make information available to specific business partners, sponsors, or service providers.
Users may voluntarily request to join our mailing lists by signing up or opting in through a form on our Web site. To be removed from a Bath Tune-Up mailing list, simply contact us now.
Notification of Data Processing in the United States of America
When you choose to submit information through the Web site, Bath Tune-Up and its affiliates may transfer, process and store the information in countries in which Bath Tune-Up and its affiliates maintain offices, including the United States. The United States does not regulate data protection in the same manner as other countries, including the Member States of the European Union. Accordingly, the data that you submit to Bath Tune-Up may be transferred to, processed, or stored in countries where the data protection laws are different than those of your country of residence.
Information Storage and Updates
You can update your contact information by contacting us at any time. We may keep all information in an off-line form, for archival purposes or as otherwise required by law.
Web Site Revisions
We constantly update the features of our Web site to better serve you and all our customers, so this policy may also be revised from time to time. Bath Tune-Up may modify this policy without advance notice and any modifications are effective when they are posted here. By using our Web site, you indicate your understanding and acceptance of the terms of the policy posted at the time of your use. If you have any questions, please contact us at your convenience.