JACUZZI BATH REMODEL OF NEW MEXICO,
JACUZZI BATH REMODEL OF EL PASO, TEXAS, AND JACUZZI BATH REMODEL OF LAS VEGAS,
NEVADA

MOBILE APPLICATION AND WEBSITE

TERMS OF USE

Last
Updated: August 1, 2023

1.  Acceptance of the Terms of Use.

By accessing or using the Jacuzzi Bath Remodel website
and/or mobile application, offered by Jacuzzi Bath Remodel of New Mexico,
Jacuzzi Bath Remodel of El Paso, Texas, and Jacuzzi Bath Remodel of Las Vegas,
Nevada (collectively, “we,” “us,” or “our”) at https://www.dsusa-bath.com
and all associated pages and services (collectively referred to as our
“Website”) and/or through the mobile application that you have downloaded,
including all software therein (the “Mobile Application” or “App”), the Mobile
Application and Website collectively referred to as the “Services”, you (the
“User,” “your” or “you”) confirm that you have read, understand and agree to be
bound by these terms of use (“Terms of Use” or “Terms”). Please read the Terms
of Use carefully and print a copy for your records. These Terms also apply to
your purchases of any products through the Services (the “Products”).

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO
NOT ACCESS OR USE THE SERVICES OR PRODUCTS.

2.  Changes to these Terms of Use.

By accessing our Services, you acknowledge that we have the
right to revise and amend these Terms of Use without prior notice. Your
continued use of the Services following our posting of any such changes will
mean that you accept such changes. Notwithstanding the foregoing, we may notify
you at the email address provided to us or by a posting in the Mobile
Application or Website in the event that we make any material changes to these
Terms of Use, and you may have to agree to or reject the updated Terms of Use
at that time, in order to continue using the Services.

3.  The Services are For Use by
Individuals 18 Years of Age and Older.

While Jacuzzi Bath Remodel stores, processes and
transfers data of individuals of all ages, including data regarding children
based on their guardian’s or parent’s consent, the Services are intended solely
to be accessed by natural persons who are eighteen (18) years of age or older,
and any registration by, use of, or access to the Services by any person under
18 is unauthorized and in violation of these Terms of Use. We may terminate
your use of the Services without notice if we believe you are less than 18
years old. By using the Services, you represent and warrant that you are a
natural person, you are 18 or older, and that you agree to and will abide by
all of the terms and conditions of these Terms of Use.

4.  Services Use Restrictions.

(a) Without our prior written consent, you may not:

◦      
(i) Use any automated means to access the Services or
collect any information from the Services (including, without limitation,
robots, spiders, scripts, or other automatic devices or programs);

◦      
(ii) Frame the Services in any manner, utilize framing
techniques to enclose any content or other proprietary information, place
pop-up windows over any Services’ pages, or otherwise affect the display of any
pages on the Services;

◦      
(iii) Engage in the practices of “screen scraping,”
“database scraping” or any other activity with the purpose of obtaining content
or other information;

◦      
(iv) Use the Services in any manner that violates
applicable law or that could alter, damage, disable, overburden, or impair the
Services or interfere with any other party’s use and enjoyment of the Services;
or

◦      
(v) Access, use or monitor our Services for
benchmarking or any competitive purposes.

(b) We may terminate or disable your access to these
Services for any reason, with or without cause, including if we believe that
you have violated or acted inconsistently with these Terms of Use.

5.  User Representations.

(a) Parts of the Services may be accessed only by
registering for an account and creating a password. Keep your password secure.
You are responsible for the activities on your account. You represent, warrant,
and agree that no materials of any kind submitted through your account or
otherwise posted or shared by you through the Services will violate or infringe
upon the rights of any third party, including without limitation any copyright,
trademark, patent, privacy, publicity, or other personal or intellectual
property rights; or contain libelous, defamatory, or otherwise unlawful
material. You will notify us promptly if you discover any unauthorized use of
your account. We are not responsible for any losses resulting from unauthorized
use of your account.

(b) In addition, you agree not to use the Services to:

◦      
(i) Except where authorized by us, register for more
than one User account, register or operate a User account on behalf of or for
the benefit of any person who is not eligible to register for or operate a User
account in their own name;

◦      
(ii) Impersonate any person or entity, or falsely state
or otherwise misrepresent yourself, your age, or your affiliation with or
authority to act on behalf of any person or entity;

◦      
(iii) Upload, post, transmit, share, store, or
otherwise make publicly available through the Services any private information
of any third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers, and credit card numbers, unless
expressly authorized to do so by that third party; and

◦      
(iv) Upload, post, transmit, share, or otherwise make
available any material that contains software viruses or any other computer
code, files, or programs designed to interrupt, destroy, or limit the
functionality of the Services; or use or attempt to use another’s account
without authorization from that person, or create a false identity through the
Services.

6.  Information Posted through the
Services; Third Party Offerings and Websites.

(a) As between us and you, all content made available
on or through the Services, whether uploaded, published, or displayed by us,
including designs, text, graphics, pictures, video, information, software,
music, sound and other files, and their selection and arrangement, except as
provided in Section 11 (App Store), is the property of Jacuzzi Bath Remodel
(collectively the “Jacuzzi Bath Remodel Content”). To the best of our
knowledge, we use only content that we own or have permission to use. No Jacuzzi
Bath Remodel Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without the owner’s prior
written permission. Unless explicitly stated herein, nothing in these Terms of
Use shall be construed as conferring any license to intellectual property
rights, whether by estoppel, implication, or otherwise.

(b) You are solely responsible for the information that
you post on or through the Services and your conduct regarding the Services. By
posting information to or through the Services, you agree to (a) provide
accurate, current, and complete information; (b) maintain the security of your
password and identification, to the extent you are provided a password and
identification; (c) promptly notify us of any changes to information or
circumstances that could affect your eligibility to continue using the Services;
and (d) be fully responsible for all use of your account and for any actions
that take place using your account.

(c) The Services may provide access to payment
processing that is hosted and provided by third party service providers. As
made available to you, third party service providers have additional terms and
conditions that are different than these Terms. To the extent not restricted by
law or applicable agreements with third parties, we are not responsible or
liable for any third party acts or omissions or services they may provide you.

(d) The Services may contain links to third-party
websites and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Where the Services contain links
to Third-Party Links & Ads, these links are provided for your information
and convenience only. We have no control over the contents of those sites or
resources. We do not review, approve, endorse or make any promises with respect
to Third-Party Links & Ads. You use all Third-Party Links & Ads at your
own risk, and should apply a suitable level of caution and discretion in doing
so. When you click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, not these Terms of Use.

(e) Accordingly, we are not responsible for the
practices employed by third-party websites or services linked to or from our
Services, including the information or content contained in such third-party
websites or services, and these Terms of Use do not apply to them. Privacy
notices on such linked websites may be different from our Privacy Policy. Your
browsing and interaction with any third-party website or service, including
those that have a link on or through our Services, are subject to that
third-party’s own rules, terms and privacy notices. You access such linked
websites at your own risk.

7.  Terms of Sale.

The following terms apply to your purchase of Products via the
Services.

(a) Purchasing Products. The Services invite you to
make us an offer to buy the Products shown on the pages. Your order is an offer
to buy some of those goods, which we accept only by shipping the Products
ordered. Any confirmation that you receive after placing an order does not
constitute an acceptance of your offer, and is subject to correction before
shipment in the event of inaccuracies, errors, Product unavailability, or for
any other reason.

(b) Product Descriptions. We attempt to describe
Products, including their colors, as accurately as possible; however, the
appearance of Products may vary as a result of the quality of your monitor and
for other reasons. We also make no guarantees with respect to the accuracy, completeness,
reliability, or currency of our Product descriptions.

(c) No Commercial Use. Products are sold for the
personal and household use of our customers. Products are not designed or
otherwise intended for use in commercial or other public establishments, such
as hotels or community centers. Accordingly, and without limiting any other provision
of these Terms, we will not be liable in connection with any such use. We also
reserve the right to prohibit sale of Products to users who we believe are
using Products for commercial purposes or reselling them.

(d) Assembly Instructions. Certain Products require
assembly. You must follow the assembly instructions carefully and use
professional installers when necessary. We are not responsible for any
installation of Products.

(e) Payment. When you place an order for any Products
via the Services, you agree (i) that Jacuzzi Bath Remodel may charge the
credit card, debit card, or other payment method you have chosen for your
purchase verification, pre-authorization, and payment purposes for the total
amount of your order (including any applicable taxes, shipping, handling, or
other fees) directly or through a third-party payment processor; (ii) we may
provide your payment information to third parties so we can complete the
transaction related to your purchase and charge your payment method for the
Products you have purchased (plus any applicable taxes and other charges); and
(iii) to bear any additional charges that your bank or other financial service
provider may levy on you. Completion of a payment transaction is contingent
upon: (1) you providing complete personal, account, transaction and any other
information needed, (2) authorization of the payment by your credit or debit
card company or the company that is otherwise facilitating your payment for the
Product(s), and (3) acceptance of your payment. We may cancel a payment or
prevent you from initiating future payments for any reason, including, without
limitation, the following: (u) if you attempt to use the Services in breach of
any applicable law or regulation, including the card network rules or
regulations; (w) if you use the Services in breach of these Terms; (x) if we
suspect fraudulent, unlawful or improper activity regarding a payment; (y) if
we detect, in our sole discretion, that your payments have excessive disputes,
high reversal rates or present a relatively high risk of losses; or (z) failure
to cooperate in an investigation or provide additional information when
requested.

(f) Promotional Codes. Jacuzzi Bath Remodel may, from
time to time in its sole discretion, offer certain promotional codes for
discounts. Promotional codes are non-transferable and are not redeemable for
cash, credit, or toward previous purchases. There is no cash alternative.
Furthermore, promotional codes cannot be used in conjunction with any other
offer or promotional discount, and must be redeemed by the date published, if
provided. Limit one promotional code per customer. Promotional codes are void
where prohibited. Any promotional program may be terminated or modified by Jacuzzi
Bath Remodel at any time in its sole discretion.

(g) Reservation of Rights. We reserve the right to not
process or reject your order in certain circumstances, for example, if your
credit card is declined, if we suspect the request or order is fraudulent, or
in other circumstances we deem appropriate in our sole discretion. We may also
limit the order quantity, extend the delivery timeline for any reason after the
order has been placed and accepted, and/or refuse to ship a Product to you for
any reason. Jacuzzi Bath Remodel also reserves the right, in its sole
discretion, to take steps to verify your identity in connection with your
order.

(h) Availability and Backorders. Quantities of some
Products may be limited and stock cannot always be guaranteed. If a Product
that you select for purchase is out of stock, it may be placed on backorder and
we will ship it to you as soon as it is available.

(i) Prices, Taxes, Customs and Duties. Unless otherwise
noted, all prices displayed via the Services are displayed in U.S. dollars.
Prices are subject to change at any time without notice. Any quote provided by
a Jacuzzi Bath Remodel customer service representative via email will be
honored for 14 days from the date the quote was issued. We may occasionally
make errors in the stated prices on the Services. If a Product’s correct price
is higher than the listed price, we will, in our discretion, either confirm the
correct price with you or cancel your order and notify you of such
cancellation. The prices displayed do not include any shipping or handling
charges or applicable taxes, which charges and taxes will be communicated to
you at checkout before you place an order, and you are responsible for paying
such charges and taxes to us. All prices are net of any sales, use, excise,
value added and similar taxes imposed by any governmental authority regardless
of how denominated. You shall pay all such taxes or charges or provide us with
a tax or levy exemption certificate acceptable to the applicable taxing or
levying authority. We have the right to charge you for any taxes that we
believe we are required to pay or collect related to your purchase.

(j) Transfer of Title and Risk of Loss/Damage. For
Products that are shipped via common carrier (e.g., FedEx), title to and the
risk of loss/damage of such Products passes from us to you at the time we
deliver the Products to the common carrier for shipment. For Products that are
shipped via a freight carrier (e.g., bath systems, etc.) title to and the risk
of loss/damage of such Products passes from us to you at the time such Products
leave our possession. By purchasing Products on this website for shipment, you
are asking us to engage a common carrier or freight carrier to deliver your
order. We reserve the right to choose any and all procedures, packaging, the
common carrier or freight carrier of sold Products.

(k) Shipping. You may not change your shipping address
after you place an order. We deliver within the United States only and may not
be able to deliver to all locations. Certain orders may be eligible for free
standard shipping. In such cases, this will be communicated to you before or
during the checkout process. You acknowledge and agree that all shipping dates
in any communications from us (including as stated in these Terms) are
estimates and subject to change. We do not represent or warrant that we will be
able to ship the Product by the estimated date. You understand and agree that
currently we are not able to commit to a fixed shipping or delivery date and
you will be notified of updates in accordance with the notice provisions of
these Terms. In the event that a delay arises for any reason, foreseen or
unforeseen, and the estimated shipment and/or release dates for the Product are
not met, we will not be liable for any losses or damages that may occur due to
the delay or cancellation of the Product. You are responsible for keeping us
informed regarding the correct delivery address for the Product. We reserve the
right to ship your order in multiple boxes or shipments. You understand and
agree that certain Products may be drop shipped to you directly from the
manufacturer of the Product in question. If you want to check on your order
status, please visit dsusa-bath.com/contact-us.

(l) Return Policy. Most products that are eligible for
expedited FedEx shipping at the time of purchase can be returned for a refund
within 30 days from the date such Product is delivered to you, regardless of
how the Product was shipped. Any Product that can only be sent via FedEx Ground
or freight carrier at the time of purchase is not eligible for return. Products
that are made-to-order will be marked as final sale and cannot be returned due
to their custom nature. In addition, final sale and consumable Products are not
eligible for return. To determine if a Product is eligible for a return, or to
initiate a return for an eligible Product, contact customer service at dsusa-bath.com/contact-us.

(m) Exchange Policy. We want to ensure that you receive
the correct Product that fits your needs. You can exchange any Product that is
eligible for return for another Product within 30 days from the date such
Product is delivered to you. If the price for any replacement Product is
greater than the price of the original Product purchased, you will be required
to pay the difference in price along with any applicable taxes and fees.
Similarly, if a replacement Product’s price is less than the price of the original
Product you purchased, we will provide you with a refund for the price
difference between the Products. If, after the exchange, you decide not to keep
your replacement Product, you can return the replacement Product within 30 days
from the date such Product is delivered to you for a refund minus a restocking
fee of 20% of the purchase amount of the original Product (excluding taxes and
other fees).

8.  Consent to be Contacted.

To the extent required by applicable law, we ensure we make
the proper disclosures and obtain consumer consent when collecting your contact
information.

9.  Use of Artificial Intelligence in
Communications.

Jacuzzi
Bath Remodel of New Mexico, Jacuzzi Bath Remodel of El Paso, Texas, and Jacuzzi
Bath Remodel of Las Vegas, Nevada uses artificial intelligence (“AI”) technologies to
support and enhance how we communicate with you through our website, mobile
application, and related channels. This section explains how AI is used across
our communication channels and what that means for you.

(a) AI-Assisted Email
Communications.

We may
use AI tools to draft, personalize, and send email communications to you,
including marketing messages, appointment reminders, follow-up communications,
and customer service responses. AI may be used to tailor message content based
on your interests, prior interactions, or inquiry history. You may opt out of
marketing emails at any time using the unsubscribe link in any message or by
contacting us directly.

(b) AI-Assisted Voice
Calls.

We may
use AI-powered voice technologies, including automated voice systems and
AI-assisted call routing or scripting, to communicate with you by phone. This
may include outbound calls for appointment scheduling, follow-up, and customer
service, as well as inbound call assistance. Where required by applicable law,
you will be informed when you are interacting with an AI-assisted system. You
may request to speak with a live representative at any time.

(c) AI-Assisted Text
Messaging.

We may
use AI tools to generate, personalize, and send text (SMS) messages to you,
including appointment confirmations, promotional offers, project updates, and
customer service communications. Message and data rates may apply. You may opt
out of text messages at any time by replying “STOP” to any message you receive
from us.

(d) AI-Assisted Chat
and In-App Communications.

Our
Website and App may include AI-powered chat tools, virtual assistants, or
automated messaging features designed to respond to your inquiries, help
schedule consultations, or provide product information. These tools may collect
and process the content of your communications to generate responses. You may
request to be connected with a live team member at any time.

(e) Recordings and
Transcripts.

Calls,
voicemails, and other voice interactions with our AI systems may be recorded
and transcribed for quality assurance, training, and compliance purposes. Where
required by applicable law — including the laws of New Mexico, Texas, and
Nevada — you will be notified before any recording takes place. All recorded
and transcribed communications are handled in accordance with our Privacy
Policy.

(f) Information
Collected Through AI Communications.

When you
interact with our AI-assisted communication channels, we may collect
information including the content of your messages or responses, call
recordings or transcripts, your communication preferences, and behavioral
signals used to improve future communications. This information may be used to
improve the quality of our AI tools, personalize future outreach, and enhance
your overall experience with us.

(g) Your Rights
Regarding AI Communications.

You have
the right to:

•      
Opt
out of AI-assisted email, text, and voice communications at any time by
contacting us as set forth in Section 18 below

•      
Request
to speak or correspond with a live team member rather than an AI system

•      
Request
information about how your personal data is used in connection with our AI
communication tools

•      
Withdraw
consent to the use of your personal information for AI-driven personalization,
subject to applicable law

To
exercise any of these rights, please contact us using the information provided
in Section 18 (Contact Information) of these Terms.

10.  Intellectual Property.

(a) Trademarks. You acknowledge and agree that all
Jacuzzi® Bath Remodel logos and marks, and all associated graphics, logos,
designs, page headers, button icons, scripts, and service names are registered
trademarks, trademarks, or trade dress, and any other proprietary materials
depicted in connection with our Services are owned solely and exclusively by Jacuzzi
Bath Remodel, and may not be used commercially by you or any third party
without our express prior written consent. Our trademarks and trade dress may
not be used, including as part of trademarks or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion and may not be copied, imitated, or used, in whole or in part,
without our prior written permission.

(b) Submissions. You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
(“Submissions”), provided by you to us through the Services are
non-confidential and shall become the sole property of Jacuzzi Bath Remodel.
Jacuzzi Bath Remodel shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.

(c) DMCA and Copyright Complaints. If you believe that
your work has been reproduced or distributed in a way that constitutes
copyright infringement or are aware of infringing material available through
our Services, please notify us by emailing us at [UPDATE
WITH LEGAL EMAIL] with the subject line “DMCA Takedown Request.” We
will process each notice of alleged infringement that we receive and take
appropriate action with respect to applicable intellectual property laws. If
you believe that any material on the Services infringes upon any copyright
which you own or control, you may send a written notification of such
infringement to our designated agent as set forth below:

(i) To meet the notice requirements under the Digital
Millennium Copyright Act, the notification must be a written communication
including the following: (i) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (ii) identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works, a representative list
of such works at that site; (iii) identification of the material that is claimed
to be infringing or to be the subject of infringing activity and information
reasonably sufficient to permit us to locate the material; (iv) information
reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an email address; (v) a statement
that the complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner; and (vi) a
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.

11.  Mobile App; App Store.

(a) If you have elected to download our App, we hereby
grant you a limited, non-transferable, revocable license to use the object code
of such software within the App on any mobile device that you own or control
that such App is authorized to be operated on (as determined by us in our sole
discretion) and is permitted by this Section 11. The App is licensed, not sold,
to you for use only under the terms of this Terms of Use. Jacuzzi Bath
Remodel reserves all rights, title and interest not expressly granted to
you. Nothing herein allows you to use the App on a device that you do not own
or are not authorized to control.

(b) Furthermore, with respect to any App accessed
through or downloaded from an App Store such as Google Play® store or Apple’s®
App Store® (an “App Store Sourced Application”), you will only use the App
Store Sourced Application: (1) on a product that runs the operating system for
which it was intended and (2) as permitted by the “Usage Rules” set forth in
the corresponding App Store. Use of the App from a third party App Store is
also subject to the provisions of this Section 11 (App Store). You acknowledge
that these Terms of Use are between you and us and not with the owner or
operator of the App Store Sourced Application (“App Store Owner”). As between
the App Store Owner and us, we, and not the App Store Owner, are solely
responsible for the Services, including the App, the content, maintenance,
support services, and warranty, and addressing any claims relating thereto
(e.g., product liability, legal compliance or intellectual property
infringement). In order to use the App, you must have access to a wireless or
cellular network, and you agree to pay all fees associated with such access.
The following applies to any App Store Sourced Application:

◦      
(i) Your use of the App Store Sourced
Application must comply with the App Store’s “Terms of Service” or equivalent
terms.

◦      
(ii) You acknowledge that the App Store Owner
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App Store Sourced Application.

◦      
(iii) In the event of any failure of the App
Store Sourced Application to conform to any applicable warranty, you may notify
the App Store Owner, and the App Store Owner will refund the purchase price for
the App Store Sourced Application to you (if any) and to the maximum extent
permitted by applicable law, the App Store Owner will have no other warranty
obligation whatsoever with respect to the App Store Sourced Application. As
between Jacuzzi Bath Remodel and the App Store Owner, any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be the sole responsibility of Jacuzzi Bath
Remodel.

◦      
(iv) You and we acknowledge that, as between Jacuzzi
Bath Remodel and the App Store Owner, the App Store Owner is not
responsible for addressing any claims you have or any claims of any third party
relating to the App Store Sourced Application or your possession and use of the
App Store Sourced Application, including, but not limited to: (1) product
liability claims; (2) any claim that the App Store Sourced Application fails to
conform to any applicable legal or regulatory requirement; and (3) claims
arising under consumer protection or similar legislation.

◦      
(v) You and we acknowledge that, in the event of
any third-party claim that the App Store Sourced Application or your possession
and use of that App Store Sourced Application infringes that third party’s
intellectual property rights, as between Jacuzzi Bath Remodel and the
App Store Owner, Jacuzzi Bath Remodel, not the App Store Owner, will be
solely responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim to the extent required by
these Terms of Use.

◦      
(vi) You and we acknowledge and agree that the
App Store Owner, and the App Store Owner’s subsidiaries, are third-party
beneficiaries of these Terms of Use as related to your license of the App Store
Sourced Application, and that, upon your acceptance of these Terms of Use, the
App Store Owner will have the right (and will be deemed to have accepted the
right) to enforce the terms of these Terms of Use as related to your license of
the App Store Sourced Application against you as a third-party beneficiary thereof.

You represent and warrant that (1) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and (2)
you are not listed on any U.S. Government list of prohibited or restricted
parties.

(c) Without limiting any other terms in these Terms of
Use, you must comply with all applicable third-party terms of agreement when
using the App Store Sourced Application.

12.  Limited Warranty and
Disclaimers.

(a) We reserve the right to change any and all content
within the Services and any service offered through the Services at any time
without notice.

(b) Any warranties applicable to our Products can be
found under the Product Warranty section on our Customer Service page,
available at dsusa-bath.com/contact-us.
Please read the applicable Product warranty carefully, as it provides you with
important legal rights and is subject to limitations. You acknowledge and agree
that any applicable Product warranty is a part of, and subject to, these Terms,
in particular the Limitation of Liability, Governing Law, and Dispute
Resolution provisions contained in the Terms.

UNLESS OTHERWISE STATED ON OUR PRODUCT WARRANTY COVERAGE
PAGE: (I) THE PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS” TO THE FULLEST
EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND
(II) JACUZZI BATH REMODEL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
PRODUCT WARRANTIES, WHETHER EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THEY MAY NOT APPLY TO YOU. WARRANTIES IMPLIED BY LAW THAT CANNOT
BE DISCLAIMED ARE LIMITED TO THE MINIMUM LENGTH REQUIRED BY LAW.

(c) THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF
ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will
meet your requirements or be available on an uninterrupted, secure, or
error-free basis. We make no warranty regarding the quality, accuracy,
timeliness, truthfulness, completeness or reliability of any information or
content on the Services. We reserve the right to correct errors or update
Product information at any time without notice.

(d) Under no circumstances will we be responsible for any loss
or damage, including any loss or damage to any user data, financial damages,
lost profits, loss of business, or personal injury or death, resulting from
anyone’s use of the Services and/or Products. YOU AGREE THAT YOUR USE OF THE
SERVICES AND PRODUCTS IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL
WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.

13.  Limitation of Certain Damage
Types.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE
RESTRICTED OR PROHIBITED, IN NO EVENT WILL JACUZZI BATH REMODEL OR ANY OF ITS
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE
SERVICES OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES,
EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.  Limitation of Liability Amount.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU
TO US FOR THE SERVICES OR PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE
EVENT GIVING RISE TO THE CLAIM OR $20. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID
TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE
ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY
FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii)
FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT
CANNOT BE EXCLUDED BY APPLICABLE LAW.

15.  Disputes, Governing Law, Venue,
and Jurisdiction.

By using the Services, you agree that these Terms of Use shall
be governed by the laws of the state in which you received our Services — New
Mexico, Texas, or Nevada, as applicable — without regard to conflict of law
provisions.

For any cause of action initiated against Jacuzzi Bath
Remodel relating to these Terms of Use, you and Jacuzzi Bath Remodel
agree to submit to the exclusive and personal jurisdiction of the state or
federal courts located in the state where your Services were provided (New
Mexico, Texas, or Nevada, as applicable).

Our failure to exercise or enforce any right or provision of
these Terms of Use shall not constitute a waiver of that right or provision. If
any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, then we nevertheless agree that the court should
endeavor to give effect to the intentions reflected in the provision, and the
other provisions of these Terms of Use shall remain in full force and effect.
The language of these Terms of Use shall be construed as to its fair meaning
and not strictly for or against any party.

16.  Arbitration Agreement &
Dispute Resolution.

(a) Please read this Arbitration Agreement carefully.
It is part of your contract with Jacuzzi Bath Remodel and affects your
rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS
ACTION WAIVER.

(b) Scope of Arbitration Agreement. You acknowledge and
agree that any dispute or claim relating in any way to your access or use of
the Services or to any other aspect of your relationship with Jacuzzi Bath
Remodel will be resolved by binding arbitration, rather than in court,
except that (1) you may assert claims in small claims court if your claims
qualify, so long as the matter remains in such court and advances only on an
individual (non-class, non-representative) basis; and (2) you or Jacuzzi
Bath Remodel may seek equitable relief in court for infringement or other
misuse of intellectual property rights (such as trademarks, trade dress, domain
names, trade secrets, copyrights, and patents). This Arbitration Agreement
shall apply, without limitation, to all claims that arose before this or any
prior agreement.

NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST JACUZZI
BATH REMODEL ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH
CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE
EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT
MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO
ARBITRATION WITH US, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE
IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR
REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING
YOUR CLAIMS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH
CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(c) Arbitration Rules and Forum. Any dispute, claim or
controversy arising out of or relating to this Agreement or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
shall be determined by arbitration in the state where you reside or received
Services before three (3) arbitrators. The arbitration shall be administered by
JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance
with the Expedited Procedures in those Rules. Judgment on the Award may be
entered in any court having jurisdiction. This clause shall not preclude
parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. We will reimburse those fees for claims totaling less
than $10,000 unless the arbitrator determines the claims are frivolous.
Likewise, Jacuzzi Bath Remodel will not seek attorneys’ fees and costs
in arbitration unless the arbitrator determines the claims are frivolous. If
JAMS is not available to arbitrate, the parties will select an alternative
arbitral forum.

(d) Arbitrator Powers. The arbitrator, and not any
federal, state, or local court or agency, shall have exclusive authority to
resolve any dispute relating to the interpretation, applicability,
enforceability or formation of this Arbitration Agreement including, but not
limited to any claim that all or any part of this Arbitration Agreement is void
or voidable. The arbitration will decide the rights and liabilities, if any, of
you and Jacuzzi Bath Remodel. The dispute will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator
will have the authority to grant motions dispositive of all or part of any
claim or dispute, award monetary damages, and grant any non-monetary remedy or
relief available to an individual under applicable law. The arbitrator will
issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based. The award of the
arbitrator is final and binding on you and Jacuzzi Bath Remodel.

(e) Waiver of Jury Trial. YOU AND JACUZZI BATH REMODEL EACH
KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE
IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Jacuzzi Bath Remodel
are instead electing to have claims and disputes resolved by arbitration. An
arbitrator can award on an individual basis the same damages and relief as a
court and must follow these Terms of Use as a court would. However, there is no
judge or jury in arbitration, and court review of an arbitration award is
limited. In any litigation between you and Jacuzzi Bath Remodel over
whether to vacate or enforce an arbitration award, you and Jacuzzi Bath
Remodel waive all rights to a jury trial, and elect instead to have a judge
resolve the dispute.

(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON
AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER
OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF
ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or
consolidated actions is deemed invalid or unenforceable, neither you nor Jacuzzi
Bath Remodel is entitled to arbitration. Instead, all claims and disputes
will then be resolved in a court as set forth in Section 15 (Disputes,
Governing Law, Venue and Jurisdiction) above.

(g) Opt Out. You may opt out of this Arbitration
Agreement. If you do so, neither you nor Jacuzzi Bath Remodel can force
the other to arbitrate. To opt out, you must notify Jacuzzi Bath Remodel
in writing no later than 30 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address, your Jacuzzi
Bath Remodel username (if any), the email address you used to set up your
account (if you have one), and an unequivocal statement that you want to opt
out of this Arbitration Agreement. You must send your opt-out notice to:

Jacuzzi Bath Remodel of New Mexico

1460 N. Renaissance Blvd NE

Albuquerque, NM 87107

Jacuzzi Bath Remodel of El Paso, Texas

210 Montoya Road, Suite 1-3

El Paso, TX 79932

Jacuzzi Bath Remodel of Las Vegas, Nevada

3363 West Oquendo Road

Las Vegas, NV 89118

[UPDATE WITH SHARED LEGAL/PRIVACY
EMAIL]

If you opt out of this Arbitration Agreement, all other parts
of these Terms of Use will continue to apply to you. Opting out of this
Arbitration Agreement has no effect on any previous, other, or future
arbitration agreements that you may have with us.

(h) Exclusive Venue. To the extent the parties are
permitted under these Terms of Use to initiate litigation in a court, both you
and Jacuzzi Bath Remodel agree that all claims and disputes arising out
of or relating to these Terms of Use will be litigated exclusively in the
applicable state or federal courts located in New Mexico, Texas, or Nevada, as
applicable to where your Services were provided.

17.  Indemnity.

To the maximum extent permitted by law, you agree to indemnify
and hold us, our subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners, and employees, harmless from and
against any loss, liability, claim, demand, damages, costs (including
attorneys’ fees), and expenses, arising out of or in connection with your use
of the Services or any violation of these Terms of Use.

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND
PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

18.  Survival.

The following Sections survive the termination of these Terms
of Use: 4 and 7 through 18.

19.  Contact Information.

If you have any questions about these Terms of Use or the
Services, please contact us at:

Jacuzzi Bath Remodel of New Mexico

1460 N. Renaissance Blvd NE 
|  Albuquerque, NM 87107  | 
(505) 630-0998

Jacuzzi Bath Remodel of El Paso, Texas

210 Montoya Road, Suite 1-3 
|  El Paso, TX 79932  | 
(915) 235-2773

Jacuzzi Bath Remodel of Las Vegas, Nevada

3363 West Oquendo Road 
|  Las Vegas, NV 89118  | 
(725) 240-0210

Email: [UPDATE WITH SHARED CONTACT
EMAIL]

©
2023 Jacuzzi Bath Remodel of New Mexico, Jacuzzi Bath Remodel of El Paso,
Texas, and Jacuzzi Bath Remodel of Las Vegas, Nevada. All Rights Reserved.