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Terms of Use

Last updated: January 20, 2022

This site is provided by Creative Kitchen & Bath as a service to our customers. Please note that your use of this and any of our sites, mobile app or other offerings through other media constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Creative Kitchen & Bath reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this site.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of Creative Kitchen & Bath or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Creative Kitchen & Bath and protected by U.S. and international copyright laws. All software used on this site is the property of Creative Kitchen & Bath or its software suppliers and protected by United States and international copyright laws

License & Site Access

Creative Kitchen & Bath grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Creative Kitchen & Bath. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

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 of Creative Kitchen & Bath. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creative Kitchen & Bath and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Creative Kitchen & Bath name or trademarks without the express written consent of Creative Kitchen & Bath. You may not use any direct linking or source-calling of any media presented on this site.

Any unauthorized use terminates the permission or license granted by Creative Kitchen & Bath. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray Creative Kitchen & Bath and its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Creative Kitchen & Bath logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Pricing & Quotes

While Creative Kitchen & Bath strives to provide accurate product and pricing information, pricing or typographical errors may occur. Creative Kitchen & Bath cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Creative Kitchen & Bath shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Creative Kitchen & Bath may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Prices stated are valid through the expiration date. However, pricing and availability are subject to change without notice in the event of alteration to specifications, quantity, designs, or delivery schedules. Pricing is also subject to change due to changes in cost of material, supplies, labor, clerical error, foreign or domestic legislation.

Product Descriptions

Creative Kitchen & Bath attempts to be as accurate as possible. However, Creative Kitchen & Bath does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition.

We have made every effort to display as accurately as possible the colors and finishes of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color or finish will be accurate.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be shipped within the time stated on the product specific page or mentioned under the "Terms of Sale" section of the website. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. Creative Kitchen & Bath will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment is received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits & Dealer Sales

Creative Kitchen & Bath reserves the right to limit the quantity of items purchased per person, per business or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. Creative Kitchen & Bath will provide notification to the customer email and/or billing address provided should such limits be applied. Creative Kitchen & Bath also reserves the right to prohibit sales to dealers.

Disclaimer of Warranties

This site is provided by Creative Kitchen & Bath on an "as is" and "as available" basis. Creative Kitchen & Bath makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Creative Kitchen & Bath disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Creative Kitchen & Bath disclaims any and all warranties, express or implied, for any merchandise offered on this web site. You acknowledge, by your use of this site, that your use is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement.

Minors

Creative Kitchen & Bath does not sell products to children, but to adults who can purchase with a credit card or other certified payment method. If you are under 18, you may use our sites only with consent of a parent or guardian. Creative Kitchen & Bath reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Indemnification

You agree to defend, indemnify and hold Creative Kitchen & Bath harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your misuse of the site in violation of these Terms of Use.

Applicable Law

This Agreement shall be governed by and construed under Kentucky law as such law applies to agreements between Kentucky residents entered into and to be performed within Kentucky. Any action or proceeding arising out of or related to these Terms of Use 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 dispute of any other party.

Limitation of Liability

Neither Creative Kitchen & Bath nor any of its affiliates, employees, directors, officers, agents, vendors or suppliers will be liable to you under any legal or equitable theory, whether in tort, contract, strict liability or otherwise, and in no event will Creative Kitchen & Bath be liable for any damages in excess of the price paid by you for the product giving rise to any claim.

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