Toll free: 877.868.1369

Legal Notices



Vintage Tub & Bath d/b/a VTB Inc. TERMS AND CONDITIONS OF SALE

By placing an order with Vintage Tub and Bath ("VTB'"), you agree to be legally bound to the fullest extent permitted by law to all of these Terms and Conditions. Any provision in your purchase order, billing statement, acknowledgment form, written or oral order or offer, or any other document or communication incidental to any order or to this agreement, which is inconsistent with, conflicts with, or delete or add to these Terms and Conditions, shall be of no force or effect, and these Terms and Conditions shall apply and control in all cases.

VTB may alter, amend or supplement these Terms and Conditions. Any such changes to these Terms and Agreement will be effective when they are posted to our website and will apply to all orders accepted by us after the date and time of posting.

The Terms of Use of the VTB Website are incorporated in these Terms and Conditions.

We may refer to the various terms and conditions below at various locations on our website. While we have attempted to avoid it, in the event of any conflict between any of the terms and conditions below and any statements on our website, the terms and conditions below shall apply. Nothing in our website is intended to, nor shall it, alter, modify, expand, restrict, or conflict with these Terms and Conditions.

PRICES - All prices are listed in U.S. Dollars and are subject to change without notice at any time prior to acceptance by VTB of your order and receipt of full payment. All payments must be in U.S. funds.

Best Price Assurance - We believe that we offer the best combination of product, price, and service in the business. If you find a lower price on an identical item currently in stock, at an established online retail store, we will match their price. We will honor this Best Price Assurance up to the time that final payment is made on an order. This assurance applies to all new, factory sealed products. Items must be the same brand and model number and in stock at established online retail stores located within the continental United States - not wholesalers, liquidators, auction sites or used merchandise sites. Just email us at supply@vintagetub.com with the web site address of the web page. We will confirm the validity of the claim and either match the price or explain why the claim was rejected. Clearance, factory reconditioned, damaged, pre-owned and reconditioned merchandise (including refinished tubs and sinks) are excluded. Also excluded are special sales, manufacturer rebates, coupons, close-outs, senior citizens discounts, buy one get one free offers, percent off sales price offers, discontinued, clearance, and damaged product, and typographical errors.

Taxes - For all orders delivered in Pennsylvania, we will charge and collect the applicable Pennsylvania Sales and Use taxes. For all other customers, taxes are your sole and exclusive responsibility.


ORDERS - Your order is effective only after it is accepted by us and full payment has been received. Contact us as soon as possible if you need to cancel an order. In general, you may cancel an order up to the time it ships. Although we will do our best to minimize your costs, we will have to charge you any expenses we incur in processing your order up to that point (examples include: a 3% charge for voiding a credit card transaction, shop time, custom paint mixing, etc.). After shipment, our Returns Policy takes effect.

SHIPMENTS - All shipments are F.O.B. VTB's warehouse. Prepayment of freight by VTB will not convert this agreement to F.O.B. destination. We will select the carrier for delivery of your order. We satisfy our shipment obligation by putting your order in possession of the selected carrier. We shall not be liable for any damages or expenses resulting from any delay in delivery.

The shipping cost for all tubs is included in the price of the item. Cast iron clawfoot tubs and acrylic tubs require crating and ship via tractor-trailer only. Online orders for all tubs include all shipping charges: crating, freight, and residential delivery with liftgate service. Please let us know at the time of the order if the delivery location is not accessible to tractor-trailers. If we discover after shipping that the delivery location is not accessible to tractor-trailers, we will notify you and have the tub held at the terminal for three calendar days. After that time, the tub will return to us, and we will bill you for the actual storage and shipping charges both ways.

Shipping Outside the Continental United States - Shipping charges on orders shipping outside the 48 continental states are calculated on a case-by-case basis. Import fees, brokerage charges, and government taxes are not included in shipping quotes and charges do not include these fees. Unless otherwise stated on the quote, payment of these charges is the sole responsibility of the customer.

Inspection on Delivery - If you are signing for your tub you agree to inspect your order on delivery. Take two minutes to examine the crate in front of you. Look for (1) any obvious damage or defect on the crate (such as broken pieces or the crate does not appear to be intact), (2) Rectangular-shaped holes where a forklift may have penetrated a crate side, (3) Shoddy-looking repairs to the crate, and (4) any indication that the crate has sustained a tip-over, or a strong impact anywhere.

You agree to note all claims of shortages or apparent damage on the shipping receipt at the time of delivery. If you DO NOT see damage to the crate then write EXACTLY the following words directly on the delivery receipt: “One crate received – contents not inspected”. Then sign where appropriate, and retain a copy for yourself. If you DO see damage to the crate but do not know if the tub was also damaged, then write EXACTLY the following words on the delivery receipt: “One crate received damaged – contents not inspected”. Then sign where appropriate, and retain a copy for yourself. Taking pictures of any crate damage you see BEFORE signing is a great idea, and so is writing additional details of crate damage on the delivery receipt. However, neither is necessary.

You have two business days (M –F) to uncrate the tub and carefully inspect it for hidden damage. REMEMBER: Your signature on a written document has real legal power! Signing a delivery receipt means that you are acknowledging receipt of an item in good condition, unless you noted otherwise on the delivery receipt (you can read your delivery receipt yourself to verify this). It also means that the freight carrier will use the document you signed to reject any damage claims that VTB makes on your behalf.

If any item (other than the box or the crate) has been damaged, you must REFUSE DELIVERY and contact us right away. Obtain a receipt or other documentation of your refusal of the delivery from the carrier. We are not liable for any damages or expenses, including but not limited to consequential damages or lost profits, resulting from any goods lost or damaged after we deliver them to the carrier; all such claims shall be made by you directly to the carrier and the existence of any such claims shall not affect the rights of VTB or your obligations with respect to payment for the goods. If you contact us right away, we will do what we can to help you and get the matter resolved as quickly as possible.

Missing or Improper Items - You must inform us within 72 hours of delivery of any claim that there are any missing items or that any item was not what you ordered or otherwise did not conform to the terms and conditions of the order. If such notice is not given within 72 hours of delivery, the goods shall be deemed to conform with the terms and conditions of the order and you shall be bound to accept and pay therefor.

Storage of Items - At your request, we will store items for up to 30 calendar days after the original delivery/pick-up date. After that time, we will contact you to set up a new delivery time within the next thirty days. If you cannot take delivery of the item within that time frame, we will charge a storage fee of $2 per day per large item (tub, toilet, sink) starting 60 calendar days from the original delivery date. We will sell undelivered and/or abandoned items after a period of 180 calendar days from the original delivery date. We will refund the proceeds from the sale - less any fees incurred and storage charges - to the purchaser at their last known address.

DISCLAIMER OF WARRANTIES ON NEW PRODUCTS - We sell new products which carry the manufacturer's standard U.S. warranty, if any. VTB guarantees only that we will send you the items that you ordered. Otherwise, all goods are sold subject only to the warranties of their respective manufacturers. These warranties differ according to the product and the manufacturer; please ask us about the warranties offered by the manufacturers, if any, before you order. If you believe that you have a warranty claim on an item you purchased from us, you can contact us and we will try to reasonably assist you in processing your warranty claim with the manufacturer. Often, the manufacturer will authorize us to exchange your original purchase for a new product. Please keep in mind, however, that all decisions and policies regarding the enforcement of manufacturer warranties, repairs, exchanges, and refunds are the sole discretion of the manufacturer of that item. VTB neither offers nor implies any warranty from us on any such product that we sell.

VTB SELLS ALL NEW GOODS TO YOU "AS-IS".

VTB EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES TO YOU WITH RESPECT TO ANY PRODUCT SOLD UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL VTB BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, CARTAGE, LABOR, TRAVEL TIME, LOST PROFITS, OR CONTINGENT LIABILITIES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No employee, officer, or agent of VTB or any other person, is authorized to give any warranties or assurances on VTB's behalf, nor to assume for VTB any other liability in connection with any products, unless in a writing, executed by an officer of VTB.


LIFETIME LIMITED WARRANTY ON RANDOLPH-MORRIS TUBS™ - All of the tubs we sell under the Randolph-Morris name have a LIFETIME limited warranty. This warranty covers defects in the porcelain and cast iron that cause the tub to be unsuitable for use. Examples include cracks in the porcelain or cast iron and rust spots resulting from a defect in manufacturing. We also warranty the paint against cracking, peeling, and lifting for a period of one year. We will repair the tub, replace the tub, or refund your money on a case-by-case basis. Call us toll free at 877.868.1369 if you have questions or need to make a claim. Under no circumstances does our liability exceed the purchase price of the tub.

Our RANDOLPH-MORRIS TUBS' carry a LIFETIME limited warranty to the original purchaser. We warrant our RANDOLPH-MORRIS TUBS' to be free from defects in material or workmanship rendering the product unsuitable for use for as long as you own your tub.

If there is a defect in your RANDOLPH-MORRIS TUB' which is covered under this warranty, we will, at our option and in our sole discretion, repair the product, replace the RANDOLPH-MORRIS TUB' with another RANDOLPH-MORRIS TUB' which is, in our opinion, of similar kind, quality, or value, or refund your purchase price. If we elect to repair the product, we will pay up to $350.00 for a refinisher to come to your home and refinish the tub in place. If we elect to replace the tub, our sole obligation will be to send, to the same address to which we sent the original tub, the replacement which we select, freight pre-paid, F.O.B. our warehouse. In that event, if we elect, you will be required to remove and deliver the original tub to our warehouse at your expense.

This limited warranty will be rendered null and void by any commercial or non-residential use of your tub, any physical alteration or modification to your tub after delivery to you, by improper repairs or the use of unauthorized components, or by improper installation of your RANDOLPH-MORRIS TUB'. This limited warranty does not cover any RANDOLPH-MORRIS TUB' previously repaired or replaced under this warranty.

This limited warranty does not cover and VTB will not be responsible for any labor to remove or replace any part or tub. THIS LIMITED WARRANTY DOES NOT COVER ANY INCIDENTAL OR CONSEQUENTIAL LOSSES, COSTS, OR DAMAGES YOU MAY HAVE. VTB will not reimburse you for any loss of the use of your RANDOLPH-MORRIS TUB', any inconvenience or loss of time you incur, water damage, or for the loss of or damage to any other property, including water damage, incurred by reason of the occurrence of defects against which this warranty is made. This limited warranty also does not cover and VTB will not compensate you for transportation, lodging, or shipping costs of replacement parts or returned parts or tubs. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

VTB EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES TO YOU WITH RESPECT TO ANY RANDOLPH-MORRIS TUB' SOLD UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusion may not apply to you.

IN NO EVENT SHALL VTB BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, CARTAGE, LABOR, TRAVEL TIME, LOST PROFITS, OR CONTINGENT LIABILITIES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

This limited warranty gives you specific legal rights. You may have other rights that vary from state to state. This limited warranty is the only express warranty applicable to your RANDOLPH-MORRIS TUB'. VTB neither assumes, nor authorizes anyone to assume for it, ANY other obligation or liability in connection with your RANDOLPH-MORRIS TUB' or this limited warranty. You may have some implied warranties under state law. Any such implied warranty is limited, to the extent allowed by law, to the time period covered by this written warranty, or to the shortest applicable time period provided by state law, which ever period is shorter. Some states do not allow VTB to limit how long an implied warranty lasts, so the limitations and exclusions described above may not apply to you.

This warranty does not apply to local building code compliance. Since local building codes vary considerably, the purchaser of this product should check with a local building or plumbing contractor to insure local code compliance before installation.

RETURN POLICY

SATISFACTION GUARANTEED.

If you are not completely satisfied with a product you purchased from Vintage Tub & Bath, return it for a refund of the purchase price. Returns must be processed within 100 days from the date of purchase. Just call us toll free at 877.868.1369 and ask for the Customer Service department. We will issue you an RGA (Return Goods Authorization) number. This number simplifies and speeds up the processing of your return.

Under this policy, no returns shall be made unless advance, written authorization is granted by VTB and you receive a RGA. All returns shall be shipped freight prepaid at sender's risk. Any returns made without an RGA issued and clearly marked on the package will be refused.

To qualify under this return policy, the item must be unused and uninstalled. We will not accept returns on improperly handled or abused items. Refunds on non-defective ordered products will not include shipping. Items that include shipping in the price will detail the shipping cost on their individual item page. We will deduct the shipping cost from the refund amount.

No returns on custom work and special orders. Custom orders are just that - unique items or custom work done for a specific customer. At best, these items are very difficult to resell. Custom orders include shop work, custom-painted objects, and items we do not regularly list for sale on our web site.

We are not responsible for lost, misdirected, improperly packaged, or damaged return items. It is your responsibitiy to get the returned item to us, at your expense, and packaged in such a manner to prevent damage during transit. No refunds will be made on any returned items which were damaged during shipping to us.
    Return Items must be addressed to:

    Vintage Tub & Bath
    395 Oak Hill Road
    Mountaintop, PA 18707
    RETURNS DEPARTMENT
    RGA # _____________
Refunds of credit card purchases will only be made by credit to the account to which the item was originally charged.

TERMS - Unless otherwise acknowledged in writing by VTB, payment on all orders shall be due on ordering. In the event of a reversal of charges or on any overdue accounts, you agree to pay a monthly service charge of 1.25% which shall be assessed on all overdue amounts, including previously-assessed service charges. You agree to be responsible for all costs of collection, including the reasonable attorney fees or collection agency fees paid by VTB.

EXCLUSIVE REMEDY - In the event of any breach by VTB of any of these Terms and Conditions, your exclusive remedy shall be to reject and return the goods and receive a credit from VTB for all amounts paid thereon. In no event shall VTB be liable for any other damages, including but not limited to cartage, labor, water damage, property damage of any kind, inconvenience, travel time, consequential damages, lost profits, or contingent liabilities.

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 VTB, 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 Pennsylvania 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 Luzerne County, Pennsylvania at a location to be specified by Vintage Tub & Bath. Vintage Tub and Bath 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 Vintage Tub & Bath 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 Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, located in Luzerne County, in all disputes arising out of or relating to any transaction to which these Terms and Conditions apply. Vintage Tub and Bath 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 Vintage Tub & Bath 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.

International Refunds - Vintage Tub and Bath will refund the amount paid in US Dollars at time of purchase. We are not responsible for fluctuations in the exchange rate or any additional credit card charges.

MISCELLANEOUS - The law of the Commonwealth of Pennsylvania shall apply to all matters in controversy, including these Terms and Conditions, without regard to the conflicts of laws provisions thereof. This agreement shall be interpreted according to said laws and without regard to any rule of construction which construes any provision against the drafter for any reason. Should any portion of these terms and conditions be held invalid for any reason, the remainder of these terms and conditions shall remain in full force and effect.


WEBSITE TERMS AND CONDITIONS OF USE


Stuff our lawyers make us say and want you to know . . . .

IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEBSITE

Use of our website is subject to the following terms and conditions and your use of the website constitutes acceptance of these terms.

This Internet website is provided by VTB, Inc., a Pennsylvania business corporation doing business as Vintage Tub & Bath. All references in this website to Vintage Tub & Bath, or personal pronouns (such as "us", "we", "our", etc.), refer to VTB, Inc. and all individuals identified on this website are employees of the Company.

Vintage Tub & Bath reserves the right to make changes to this website at any time without notice.

Vintage Tub & Bath maintains this website for your personal entertainment, information, education, and communication. Please feel free to browse the website. However, without Vintage Tub & Bath's prior written permission, you may not reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this website, except that you may download one copy of the material in temporary storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, we do not grant you, and nothing we say here or anywhere in the website shall be construed as conferring, any license or right under any copyright or other intellectual property right. If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this website, please notify Vintage Tub & Bath immediately at the following address: VTB, Inc., d/b/a Vintage Tub & Bath, 395 Oak Hill Road, Mountaintop, Pennsylvania 18707, Attention: Webmaster. You may also email us at: supply@vintagetub.com.

We make every effort to display the colors of our products included on a Site as accurately as possible. Because the colors that you see depend on your monitor, we do not guarantee that your monitor's display of any color is accurate. The selection of items online often varies and supplies of items featured online are not guaranteed nor subject to rain checks. Price and availability information are subject to change without notice.

We love to hear from you. However, in your communications with Vintage Tub & Bath, please keep in mind that Vintage Tub & Bath does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Vintage Tub & Bath any creative or original materials such as ideas for marketing, products, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Except as governed by our Online Privacy Policy, any communication or material you transmit to the website or to us, by electronic mail or otherwise, including any data, questions or answers, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or licensed to others by for any purpose, including but not limited to product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Vintage Tub & Bath is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. Any conditions, restrictions, limitations or other language in anything you send to use purporting to limit these rights is a nullity.

Although we hope not, and do what we can to prevent it, we are human, so please keep in mind that the material in this website could include descriptive or technical inaccuracies or other errors. Your use and browsing of the website is at your risk. Vintage Tub & Bath does not assume responsibility for continuously updating any page of this Web site. Unless there is a specific statement on a page of the Web site that the page has been updated on a certain date, you should not assume that the page has been updated or that the content of the page remains current. Neither Vintage Tub & Bath nor any other party involved in creating, producing, or delivering the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Vintage Tub & Bath does not warrant that the functional aspects of the website will be uninterrupted or error free or that this website or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If you become dissatisfied in any way with this Website or its Terms of Use, your sole and exclusive remedy is to stop using this Website and its services. (Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so some of the above exclusions may not apply to you. If any portion of these limitation on liability is found to be invalid or unenforceable for any reason, then our liability shall not exceed one hundred dollars ($100).)

You should assume that everything you see or read on the website is copyrighted, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the website, without the written permission of Vintage Tub & Bath or the copyright owner. Vintage Tub & Bath neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Vintage Tub & Bath. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission by, Vintage Tub & Bath. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Vintage Tub & Bath, its affiliates and others. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Vintage Tub & Bath or such third party that may own the Trademark displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.

Vintage Tub & Bath has not reviewed all of the sites linked to this website and is not responsible for the contents of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement by Vintage Tub & Bath of the sites. Your use of these links to visit any other off-site pages or other sites is at your own risk.

We’d be proud if you would like to place a link to our home page on your own website. You may do so provided that you comply with a few guidelines: Please link ONLY to our main, home page (www.vintagetub.com). You can link to our website home page, but you cannot replicate any of our content on your own site. Please don’t "frame" our home page on your site, or create a browser or border environment around our content. We can’t investigate everyone who wants to link to us or their websites or products, so please don’t do anything that might imply we are endorsing your website or products. Please don’t imply that you have any relationship to Vintage Tub & Bath. Of course, don’t present any false information about us or our products. Please make your link a text-only link and don’t use our logos, trademarks, or any copyrighted materials from our site. Although we can’t promise that we will have a chance to do so, we’d be interested in seeing your website too, so if you link to our site, please send us the URL of your website page containing the link. Send that to supply@vintagetub.com. You also agree that if we should ask you to remove the link to our website from your website, that you will do so within 48 hours of our request. Finally, don’t forget that we are a family-owned business. Please keep that in mind and do not place a link to our website on any site that wouldn’t be –ahem– appropriate for family viewing by all age groups.

Vintage Tub & Bath (well, really, its our lawyers, but they do look out for us) may revise these terms from time to time by updating or revising this posting. The revised terms will take effect as soon as we get around to posting them. We control and operate this website from our business in Mountaintop, Pennsylvania, United States of America, and we make no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws. Some Vintage Tub & Bath products are available in many parts of the world. However, this website may describe products that are not available worldwide.

By accessing this web site and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability 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 Pennsylvania 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 Luzerne County, Pennsylvania at a location to be specified by Vintage Tub & Bath. Vintage Tub and Bath 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 Vintage Tub & Bath prevails on any matter. If for any reason the above arbitration clause does not apply, or if there is any non-arbitration proceeding, including any proceeding to determine whether the arbitration clause shall be effective or enforceable, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Pennsylvania or, for matters not susceptible of adjudication in the federal courts, the courts of the State of Pennsylvania, located in Luzerne County, in all disputes arising out of or relating to the use of our website. Vintage Tub and Bath 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 Vintage Tub & Bath prevails on any matter.

In all cases, these terms will be governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America without regard to its conflicts of law provisions. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any claim or cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.


RULES GOVERNING AUTOMATIC or REMOTELY CONTROLLED SCANNING of OUR SITE


This Website is for the use of consumers or potential consumers and may not be accessed by automatic or remotely controlled systems. You are specifically prohibited from any use of this website, and you agree not to use or permit others to use this website, for any of the following:

(a)to take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, or delays the delivery of service to other s by or through the website's infrastructure or resources;

(b) disclose to, or share with, any unauthorized third parties the ID's, assigned confirmation numbers and/or passwords, or use the ID's, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the ID's, assigned confirmation numbers and/or passwords;

(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorized to access;

(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website;

(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this website, or our systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. The prohibited activity includes, but is not limited to, "denial of service" attacks, "flooding" of networks, deliberate attempts to, or activity which does, overload or burden excessively our resources, any monitoring, testing, repeated access of the Website, or other any other activity which results in an overloading of our resources or results in substantial delay or denial of service or resources to consumer users of our website, attempts to "crash" a host, and/or modifying or rerouting any Content or services provided at this website;

(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this website;

(g) upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or

(h) use any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor, test, evaluate, or copy any part of this website, without our prior written permission, provided that generally available third party Web browsers, such as Netscape Navigator. and Microsoft Internet Explorer., may be used without such permission, provided that they have not been modified or programmed to access our website in a manner prohibited by the other sections of these Terms and Conditions.

YOU AGREE TO INDEMNIFY US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS ON DEMAND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES SUFFERED OR REASONABLY INCURRED BY US, INCLUDING TREASONABLE COUNSEL FEES AND EXPENSES, AS A RESULT OF, OR IN CONNECTION WITH, YOUR ACCESS TO AND USE OF THE SITE OTHER THAN IN ACCORDANCE WITH THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.