Terms of Use

CreativeEscapeBath.com Terms of Use

Effective Date: January 2013

The CreativeEscapeBath.com website (the “Site”) is a service of Focus Products Group International, LLC (“Focus Products”, "us", "we" or "our"). The Site provides information about Focus Products and its products and services to users in the United States. All users of the Site are subject to these CreativeEscapeBath.com Terms of Use ("Terms of Use"). 

Please read these Terms of Use carefully before accessing, using or registering with this Site. By accessing, using or registering with this Site, you acknowledge that you have read and understand, and agree to be bound by, these Terms of Use (as amended from time to time), and the CreativeEscapeBath.com Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

Focus Products reserves the right to revise and update these Terms of Use at any time, without notice to you, by posting the amended Terms of Use to this Site. If Focus Products revises the Terms of Use, it will also revise the “Effective Date” at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the "TERMS OF USE" hypertext link located at the bottom of the Site's web pages. Your continued entry to and/or use of the Site after Focus Products posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use. If you do not agree to the Terms of Use (without modification), you are not authorized to access or use the Site.

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTIES AND IS SUBJECT TO LIMITATIONS ON FOCUS PRODUCTS’ LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS __ AND __ BELOW.

 1.    Use of the Focus Products Web Site.

1.1.                License. Conditioned upon, and subject to, your strict compliance with the Terms of Use, Focus Products grants you a non-exclusive, non-transferable, limited license to enter and use the Site for the purposes of searching and viewing information about Focus Products and its products, for ordering products, and for other purposes expressly permitted by Focus Products in writing on the Site. You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.

1.2.                Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information.

1.3.                Use of Content. “Content” means any all materials, information, opinions, software, text, displays, images and/or audio displayed or transmitted on the Site. Except as provided in this Section 1.3, you may not (and you agree that you will not) reproduce, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any Content on this Site without the prior written consent of Focus Products, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials.  You are authorized to use Content only for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Focus Products.

1.4.                Restrictions. You agree not to, without first obtaining Focus Products' express written permission, (a) use any of its trademarks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). Except as expressly authorized by Focus Products in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site, or (c) use of this Site or of any services or materials available through this Site. You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.  You further agree not to do any of the following:

a.   communicate to Focus Products or upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;

b.   use the Site to violate the legal rights, including the rights of publicity and privacy, of others or to violate the laws of any jurisdiction;

c.   intercept or attempt to intercept electronic mail not intended for you;

d.   misrepresent an affiliation with any person or organization;

e.   upload to or transmit on the Site any advertisements or solicitations of business;

f.    upload or otherwise transmit files that contain a virus or corrupted data;

g.   collect information about others, including e-mail addresses, without their consent;

h.   download a file or software or include in a message any software, files or links that you know, or have some reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential, notwithstanding its availability on the Site;

i.    post “spam,” transmit chain letters or engage in other similar activities; or

k.   engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Focus Products, may harm Focus Products or users of the Site or expose them to liability.

1.5.                User Content Posted on the Site.   Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the Site, including password protected areas, and all articles and responses to questions, other than the content provided by Focus Products, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Focus Products. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Focus Products, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Focus Products or to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Focus Products and/or post it to the Site. You grant to Focus Products the royalty-free right to use all content you upload or otherwise transmit to Focus Products’ Site in any manner Focus Products chooses, including, but not limited to, copying, displaying, performing, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

1.6.                Removal of User Content.  Focus Products reserves the right, but does not assume any responsibility, to: (a) remove any material posted on the Site that Focus Products, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Focus Products has been notified, or has reason to believe, constitutes a copyright infringement or is inappropriate; and (b) terminate any user’s access to all or part of the Site. However, Focus Products can neither review all material before it is posted on the Site, nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Focus Products assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Focus Products reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, Focus Products has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

2.    Users of the Site.

2.1.                Registered Users. If you register with our Site and we issue an account to use the Site to you (an “Account”), you shall be referred to as a “Registered User”. The portions of the Site available to the general public and Registered Users (as defined in Section 1.5) may vary. You agree not to access any portion of the Site for which we do not intentionally provide you access. 

2.2.                Passwords. You may not authorize any third party to enter and/or use your Account on your behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using such Account. You agree to (a) immediately notify Focus Products at digital.admin@focuspg.com or 866-385-1028 of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.

3.    Intellectual Property.

3.1.                Copyright Restrictions/Use of Content. Except for Content that is in the public domain, the Site and all original Content, as well as the design, selection and arrangement thereof, are proprietary to Focus Products or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.

3.2.                No Transfer of Rights. Neither the title nor any intellectual property rights to any Content are transferred to you, but remain with Focus Products or the applicable owner of such content.

3.3.                Trademarks. The terms CREATIVE ESCAPE, DURAHOLD, IT’S A SNAP and other marks and all related names, logos, product and service names, designs and slogans are trademarks of Focus Products. You may not use such marks without prior written permission from Focus Products.

  1. 4.    Online Purchases. All purchases from the Site are governed by the Terms of Sale, which are hereby incorporated into these Terms of Use.
  2. 5.    Dealings with Distributors and Other Merchants If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Site, you acknowledge and agree that Focus Products is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Focus Products will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Site.
  3. 6.    Termination and Suspension. Focus Products may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and Focus Products gives you express notice thereof.
  4. 7.    Disclaimer of Warranties. Focus Products does not assume any liability for the Content on the Site. Reliance on the Content is solely at your own risk. Focus Products disclaims any liability for injury or damages resulting from the use of any Content.

The SITE, CONTENT AND THE PRODUCTS AVAILABLE ON THE SITE ARE provided to you on an “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” basis. You expressly acknowledge and agree that your use of the Site (including, without limitation, the Content) is at your sole risk. WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, aNY REPRESENTATIONS OR WARRANTIES (a) OF MERCHANTABILITY, REASONABLE CARE, SECURITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WITH RESPECT TO THE SITE, (B) REGARDING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AVAILABILITY OR PERFORMANCE OF THE SITE OR ANY FEATURE THEREOF, (C) AS TO WHETHER THE SITE SHALL MEET YOUR REQUIREMENTS, OR IS, OR SHALL BE, UNINTERRUPTED OR ERROR FREE, (D) AS TO WHETHER ANY DEFECTS IN THE SITE WILL BE CORRECTED, AND/OR (E) THAT THE FOCUS PRODUCTS' SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES AND/OR REPRESENTATIONS.

WE FURTHER DISCLAIM ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, CONTENT AND PRODUCTS SOLD ON THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. IN NO EVENT SHALL Focus Products OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, OR CONTENT, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF Focus Products IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Focus Products' total liability to you for all damages exceed the greater of (a) $10.00, or (b) the sum of any payments made by you to Focus Products in the single (1) month preceding any claim raised by you.
  2. Modifications to the Site. For the avoidance of doubt, Focus Products may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Content, at any time for any reason (or for no reason) and without notice or liability.

10.  Indemnification. You agree to indemnify and hold harmless Focus Products and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Site or the delivery of products, services or information over the Site (collectively, "Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and/or use of the Site or any products, services or information obtained from this Site, and/or (b) any breach, or alleged breach, of the Terms of Use by you.

11.  Privacy.  Focus Products’ use of your personally identifiable information and your responsibilities in connection with protecting your privacy are described in the CreativeEscapeBath.com Privacy Policy, which is incorporated by reference into these Terms of Use.

12.  Comments and Submissions. If you submit any comments, ideas, concepts, suggestions, documents and/or proposals regarding the Site and/or our products (collectively, "Feedback"), such Feedback shall be owned exclusively by Focus Products and Focus Products may, in its sole discretion, use and/or disclose such Feedback for any and all purposes, without any compensation to you.  To the extent you have or obtain any intellectual property right in or to any Feedback, you shall be deemed to assign all right, title and interest therein, if any, to Focus Products as of the date such right first vests in you.  You understand that any Feedback you submit is non-confidential for all purposes.

13.  Links to Other Sites; References to Third Parties. The Site contains links to other websites on the Internet. Focus Products is not responsible for and does not endorse the content, products, services or practices of any third party websites, including, without limitation, sites framed within the Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party sites is at your own risk and subject to the terms and conditions of use for such sites.

14.  Compliance. The owner of this Site is based in the state of Illinois, USA. Focus Products makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.

15.  Contact Please contact 866-385-1028 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use. 

16.  Governing Law and Jurisdiction. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the state of Illinois, USA, without regard to its conflicts of law principles. You consent to exclusive jurisdiction and venue in the federal courts sitting in Cook County, Illinois, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Cook County, Illinois. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You agree that any cause of action that you may desire to bring arising out of or related to the Terms of Use must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.

17.  Miscellaneous. These Terms of Use constitute the complete and final agreement and understanding between you and us with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous agreements, negotiations, and understandings between the parties, both oral and written, with respect to the subject matter hereof.  If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Focus Products may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Focus Products’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Focus Products nor any trade practices shall be deemed to modify these Terms of Use.  If Focus Products brings any suit against you to enforce the Terms of Use or otherwise in connection with your use and/or entry of the Site, you agree that if Focus Products prevails in such suit Focus Products shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use.

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

Focus Products
P.O. Box 2780
West Bend, WI 53095-2780
866-385-1028
Customer Service E-Mail: customercare@focuspg.com