Last Updated: November 15, 2013
Welcome to accessiblebathtechnologies.com, mycontrolbath.com, and mycontrolbath.info (sometimes referred to herein as the “site” or “website”), a website or websites operated by Accessible Bath technologies, LLC (sometimes referred to herein as “ABT” and “Team ABT”).
Certain areas of this site may include additional guidelines or rules that supplement these Terms. By using those areas of this site, you are agreeing to comply with those additional guidelines and rules as well.
Access to Site
To access this site, you must have access to a compatible web browser. You are responsible for obtaining and maintaining all Internet access services, computer hardware, software and other equipment and services needed for access to and use of this site and paying all charges related thereto.
Copyright and Trademarks
All product designs, site design, text, graphics, artwork, photographs, illustrations, documents, audio clips, video clips, software, data and other copyrightable or otherwise legally protectible elements contained herein are the exclusive property of the Accessible Bath technologies, LLC or its third party suppliers, advertisers or sponsors and are protected by United States and international intellectual property laws. The VoiceMate, MyControl Bathing System design, MyControl Door and design, Door hinge and door hinge design, TouchAssist, IR Control panel and associated technologies, and other designs, application devices, and various design and trade secrets hereof are the exclusive property of Accessible Bath Technologies, LLC and are protected by United States and international intellectual property laws. All rights reserved.
All trademarks (TM), service marks (SM), and trade names are proprietary to Accessible Bath Technologies, LLC, or their respective owners. You may not use any such marks or designs for any purpose whatsoever without the express prior written permission of Accessible Bath Technologies, LLC, or their respective owners.
This site is for your personal and non-commercial use only. With respect to any documents or other materials expressly made available for download by ABT from this site (e.g., CAD designs, informational videos, instructional materials, etc.), you may view, print, download and make copies of such materials, subject to the following conditions: (a) the materials may be used solely for your own personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices and all disclaimers affixed to or contained in such materials and all copies thereof. You may not distribute any materials downloaded or otherwise obtained from this site to any other persons or organizations unless such materials are accompanied by a copy of these Terms, which shall be binding on such persons or organizations. Alternatively, you may refer such persons or organizations to such materials by way of a link to this site. Notwithstanding the foregoing, certain documents, images and other materials appearing on this site have been obtained from individuals or other organizations not affiliated with ABT and may be subject to additional restrictions on use. In some cases, permission to use such materials must be obtained directly from the applicable individual or organization. You may contact the Director of Communications at
firstname.lastname@example.org to determine which materials are subject to such restrictions or require permission for use. Except as expressly provided above, you may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this site, any materials downloaded or otherwise obtained from this site, or any portion of such works or materials, except with the express prior written permission of ABT. Nothing contained in this site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of ABT or any third party. Any rights not expressly granted herein are reserved.
Use of spiders, robots and similar data mining and extraction tools is expressly prohibited, except by publicly available Internet search engine portals for purposes of indexing the website.
Feedback and Other Suggestions
Although comments and questions about this site are welcomed, ABT does not accept unsolicited submissions, creative ideas or other content for the site. Any messages, suggestions, ideas or concepts that are submitted shall become, and remain, the exclusive property of ABT. Furthermore, ABT is not responsible for the confidentiality of any information communicated to ABT. If you choose to submit material to ABT, you agree that ABT is entitled to unrestricted use of such submissions throughout the world for any purpose whatsoever, including advertising and promotional purposes, and including but not limited to the right to reproduce, distribute, display, perform and modify the material in any manner or media, without compensation to you or any other party.
With respect to any materials you elect to post for inclusion in the site, such as user testimonials, you must only post content that you created or that you have permission to post. By posting materials, you grant to ABT, its affiliates and suppliers, simultaneous with such posting, the royalty-free, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide in perpetuity and/or to incorporate it in other works in any form, media or technology now known or later developed.
Furthermore, you represent that you have the lawful right to furnish such submissions to ABT and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential or proprietary.
Users agree not to post on the site any information or material that: (a) is unlawful, profane, hateful, harmful, threatening, abusive, harassing, obscene, vulgar, libelous, defamatory, deceptive, fraudulent, tortuous or that encourages criminal activity; (b) infringes upon or misappropriates any third party’s intellectual property or other proprietary rights; (c) invades or otherwise violates any third party’s privacy; (d) impersonates another user, person, corporation or entity; (e) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment, or otherwise permits or enables the unauthorized use of a computer or computer network or interferes with the use of this site; (f) is racially, ethnically, or otherwise objectionable; or (g) violates these Terms. All determinations regarding the removal of such material shall be made at ABT’s sole discretion.
Users are prohibited from using this site for chain letters, junk mail, spamming, or unauthorized commercial activities of any kind.
You expressly acknowledge and agree that ABT reserves the right to monitor, reject, edit and/or remove any user postings for any reason in its sole discretion, including any messages forwarded to third parties via the website. Without limiting the foregoing, ABT may remove any material that it feels is defamatory, damaging, illegal, in any way offensive or annoying, that infringes upon or otherwise violates any third party’s rights, or that ABT otherwise determines is inconsistent with its policies and/or these Terms. A user’s access to all or any portion of this site may be suspended or terminated at the sole discretion of ABT if it feels that the user’s conduct is inappropriate. Although ABT may from time to time monitor user postings, in no event does it assume any particular obligation to do so or liability for any failure or delay in either monitoring user postings or removing specific material.
ABT shall have the right to disclose any content or communication of any kind when requested by governmental or quasi-governmental authorities to conduct an investigation, hearing or the like; to allow ABT or a governmental or quasi-governmental authority to verify or enforce compliance with the policies governing this site and applicable laws; or to allow ABT to protect against misuse or unauthorized use of this site and all portions thereof. ABT also may disclose any content or communication of any kind whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; to protect the safety, rights, or property of our users; or to satisfy any legal obligation.
ABT has the right to any and all legal methods for identifying persons responsible for the illegal or unlawful uploading of information to, alteration of information on, or interference with the operation of this site or any part of the network to which it is connected.
Links and Advertising
For your convenience, this site provides or may provide links to websites operated by third parties. ABT has no control over and does not endorse or otherwise guarantee such websites. This site may also feature advertisements and sponsorships from third parties. The inclusion of an advertisement or sponsorship on this site does not constitute an endorsement or recommendation by ABT with respect to any products or services of such third parties. ABT does not assume any responsibility or liability for the availability of such websites, advertising, or sponsorships; for any content, advertising, software, products, services and other materials on or available from such websites; or for such sponsors or the parties that operate such websites or display such advertisements. ABT shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, software, products, services or other materials on or available through any such website or third party. Your correspondence or business dealings with such third parties, including but not limited to the payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You should carefully review their privacy statements and other conditions of use. Your use of such websites and associated products and services is entirely at your own risk.
Links may be made to our website from other personal and organizational web pages. We require that you link to our site rather than downloading portions of it to another web server, so that our viewers will see our most up-to-date information.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO PRODUCT DESIGN, TEXT, GRAPHICS, ARTWORK, PHOTOGRAPHS, ILLUSTRATIONS, CAD DESIGNS, DOCUMENTS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE, DATA AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR OTHER OBLIGATION OF ANY KIND. ALL RISK OF USE LIES WITH THE USER. ACCESSIBLE BATH TECHNOLOGIES, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ACCESSIBLE BATH TECHNOLOGIES, LLC DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A REPRESENTATIVE OF ACCESSIBLE BATH TECHNOLOGIES, LLC SHALL CREATE A WARRANTY.
WHILE WE USE REASONABLE EFFORTS TO FURNISH ACCURATE AND UP-TO-DATE INFORMATION, ACCESSIBLE BATH TECHNOLOGIES, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCESSIBLE BATH TECHNOLOGIES, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ACCESSIBLE VIA THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third Party Materials
Accessible Bath Technologies, LLC (ABT) is not responsible for any material posted by or otherwise obtained from parties other than ABT, including but not limited to user testimonials and other postings, documents prepared by third parties and made available via this site and third party software. ABT is merely providing access to such material as a service to you.
With respect to any materials posted by or otherwise obtained from parties other than ABT, such parties are responsible for the reliability, accuracy and truthfulness of such material and such matters are beyond the control of ABT. Similarly, ABT has no control over whether such material is of a nature that users will find offensive or otherwise unacceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing such materials and in taking any actions based upon such materials.
Accordingly, you will bear all risk associated with any such material that you access.
Information and opinions expressed by users or other third parties are not necessarily those of ABT.
No Rendering of Advice
The information contained in or made available through this site is provided for informational purposes only. ABT is not engaged in providing legal, engineering, consulting, design, architectural, accounting, or other professional services of any kind through this site, and any user requiring such services is advised to seek the assistance of a competent professional. Your use of this site does not give rise to a client, advisory, fiduciary or professional services relationship between you and ABT.
Limitation of Liability
ABT, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY SUPPLIERS, ADVERTISERS, SPONSORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS OR INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ABT’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES AND ITS AND THEIR SUPPLIERS, ADVERTISERS, SPONSORS, AND EMPLOYEES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Termination and Suspension; Modifications to Site
ABT reserves the right, in its sole discretion, to terminate, suspend or otherwise restrict your access to or use of this site (or any portion hereof) with or without notice at any time for any reason whatsoever, including without limitation if ABT believes that you have violated or acted inconsistently with the letter or spirit of these Terms. In addition, ABT reserves the right, in its sole discretion, to modify or temporarily or permanently suspend or discontinue this site (or any aspect or feature hereof) with or without notice at any time. ABT shall not be liable to you or to any third party for any such termination, suspension, restriction, modification or discontinuation.
By using this site and/or posting or distributing material, you agree to indemnify and hold harmless ABT, its affiliates and third party suppliers, advertisers, and sponsors, and its and their officers, directors, employees, contractors and agents, for any and all claims, damages, defense costs, attorneys’ fees and expenses, losses and causes of action arising out of your use or misuse of the site or any materials obtained from this site, posting of any material to this site, distributing of any materials obtained from this site, violation of any rights of any third party, or breach of these Terms. ABT reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with ABT in asserting any available defenses
Governing Law; Exclusive Jurisdiction; Waiver of Jury Trial
ABT operates and maintains this site from within the United States of America. ABT makes no representation that this site or any content on or accessed through this site is appropriate or available for use in locations other than the United States of America. You are responsible for compliance with all local laws and regulations, as applicable, including but not limited to all applicable laws regarding online conduct and acceptable content, as well as all applicable export control laws. These Terms and the relationship between you and ABT shall be governed by the laws of the State of New York and/or the State of Delaware, USA, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability to these Terms. The parties hereby agree to waive and opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any State in any form. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK AND/OR THE STATE OF DELAWARE, USA, AND YOU EXPRESSLY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS. EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES BETWEEN THE PARTIES.
Consent to Electronic Delivery of Notices
To the extent that ABT is required to provide you with any notices, agreements or other information regarding this site, you agree that ABT may deliver such information electronically, including without limitation posting the notices on the home page of this site. To withdraw your consent to receive notices electronically, you must notify us of your withdrawal of such consent and discontinue your use of this site.
These Terms constitute the entire agreement between you and ABT with respect to your access to and use of this site and supersede any prior or contemporaneous agreements, whether written or oral, between you and ABT with respect to the subject matter hereof. The failure of ABT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings used herein are for convenience only and shall not be given any legal or contractual effect.