Terms of Site Use

TERMS OF USE:  Welcome to PortsmouthBathCo.com.  Portsmouth Bath Company is a division of Standard of New England and this site is provided by Standard of New England as a service to our current and future customers. Please review the following basic rules that govern your use of our site.  Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these Terms of Site Use.  Although you may “bookmark” a portion of this site and thereby bypass this agreement, your use of this site still binds you to these Terms.  Portsmouth Bath Company and Standard of New England reserve the right to update or modify these Terms of Site Use at any time without prior notice.  Your use of the PortsmouthBathCo.com website following any successive change constitutes your unconditional agreement to follow and be bound by the Terms of Site Use as changed.  For this reason, we encourage you to review these Terms whenever you use this website.

COPYRIGHT & LICENSE:  All content included on the site, such as text, graphics, logos, images, video, digital downloads, date compilations, software, and all material published on it is the property of Portsmouth Bath Company, Standard of New England, or its content suppliers and is protected by United States and international copyright laws.  Standard of New England grants you a limited license to access and make personal use of this site for viewing the material contained herein and not to download (other than page caching) or to modify it except with the express written consent of Standard of New England.  You are expressly restricted from all of the following: (1) publishing any website material in any media; (2) selling, sublicensing and/or otherwise commercializing any website material; (3) using this Website in any way that is, or may be, damaging to this Website; (4) using this Website in any way that impacts user access to this Website; and/or (5) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Standard of New England. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity.  Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Standard of New England is the designated agent for notice of alleged copyright infringement appearing on the Portsmouth Bath Company Website.  Direct any notices of infringement to: Standard of New England, 100 West Road, Portsmouth, New Hampshire 03801 or send an email to: takedown at [email protected] To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.  The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.

TRADEMARKS: The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the PortsmouthBathCo.com website or on content available through PortsmouthBathCo.com are registered and unregistered Trademarks of Portsmouth Bath Company, Standard of New England, and others and may not be used unless authorized by the Trademark owner.  Nothing contained on any PortsmouthBathCo.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or that of the third-party rights holder.  Your misuse of any Trademark is strictly prohibited.  

COLORS, FINISHES, & TYPOGRAPHICAL ERRORS:  We have made every effort to display as accurately as possible the colors, finishes, and appearances of products that appear on our site.  However, as the actual colors you see will depend upon your monitor, we cannot guarantee that your monitor’s display of any color or finish will be accurate.  Some pictures may not be to scale.  While Portsmouth Bath Company strives to provide accurate information, it is possible that typographical errors may occur.

DISCLAIMER:  This site is provided by Portsmouth Bath Company and Standard of New England on an “as is” and “as available” basis and no representations or warranties of any kind are expressed or implied as to the operation of the site.  We are not liable in any manner for any direct, indirect or consequential damages arising out of the access, use or inability to use this site.  Any and all access or use of our site and any sites linked to or from our site is at the risk of each user.

While Portsmouth Bath Company and Standard of New England have made the utmost effort to keep current and updated information on this site, we make no warranties or representation, express or implied, as to the timeliness, accuracy, suitability, availability or completeness of the information, content, and/or graphics contained or referenced herein.  Portsmouth Bath Company and Standard of New England will not be liable for any false, inaccurate, inappropriate or incomplete information presented herein.  The content and information contained on this site are for informational purposes only.  You should not rely upon site content, material, graphics and/or information as the basis for making any business, engineering, legal or any other decisions. 

Our site may contain links to third-party websites and these links are provided only as a convenience to our customers.  Third-party websites are not under our control and neither Portsmouth Bath Company nor Standard of New England have any liability with respect to the material, content, services, product, information, access, use, inability to use, or consequential damages incurred on any website which is not under the control of Portsmouth Bath Company and/or Standard of New England.

Without limiting the foregoing and to the full extent permissible by applicable law, Portsmouth Bath Company and Standard of New England disclaim responsibility for any and all product warranties for products referenced on this site, including, but not limited to, expressed or implied warranties of merchantability and/or fitness for a particular purpose.  This disclaimer does not affect any product warranties offered directly to the end-user by the individual product manufacturers.

You acknowledge, by your use of the PortsmouthBathCo.com website, that your use of the site is at your sole risk.  This disclaimer constitutes an essential part of this agreement.

INDEMNIFICATION:  You agree to defend, indemnify and hold Portsmouth Bath Company, Standard of New England, and its managers, members, officers, employees, and agents, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, arising in any way from or relating to your use of the PortsmouthBathCo.com website, your placement or transmission of any message, content, information, software or other materials through the PortsmouthBathCo.com website, or your breach or violation of the law or of use.  Portsmouth Bath Company and Standard of New England reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Portsmouth Bath Company and Standard of New England defense of such claim.

GENERAL:  This Terms of Site Use represents the complete Agreement between the parties and supersedes all prior agreements and representations between them.  If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Agreement shall remain in full force and effect.  The failure of Portsmouth Bath Company or Standard of New England to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Portsmouth Bath Company’s or Standard of New England’s rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under New Hampshire law.  Any action or proceeding arising out of or related to this Agreement or your use of this site will be subject to binding arbitration following rules established by the American Arbitration Association.  Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any other dispute of another party.

Last updated 08-2020

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