BRIDGEWELL HOME PRODUCTS DIVISIONS SUBSIDIARIES ABOUT CONTACT ABOUT TERMS OF USE TERMS OF USE Effective Date: March 18, 2013 Welcome to the Bridgewell Resources, LLC website. The website, and all content and functionality associated therewith, is referred to herein collectively as the “Site.” Please carefully review the following Terms of Use (“Terms”), which are the legally binding terms for your use of the Site. If you continue to browse and use the Site, you agree to comply with and be bound by these Terms, which together with our Privacy Policy, govern Bridgewell Resources’ relationship with you in relation to the Site. For purposes of these Terms, the term “you” and “your” refers to each user or viewer of the Site. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. PLEASE DO NOT USE THE SITE OR PROVIDE INFORMATION TO US IF YOU DO NOT AGREE TO THESE TERMS. Who We Are The Site is owned by Bridgewell Resources, LLC, an Oregon limited liability company (“Bridgewell Resources” or “Bridgewell” or “us” or “we”). Our mailing address is: 10200 SW Greenburg Rd. Ste. 500 Tigard, Oregon 97223 United States Our telephone number (customer service) is: 503.872.3566. Site Features, Functionality and Availability; Termination You may use the Site when and as available. Although we generally intend for the Site to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We reserve the right to change or eliminate and restrict or block access to all or any part of the Site, including any content or materials featured on the Site, from time to time without notice to you, in our discretion. We do not, however, make any commitment to update the Site. Privacy Policy Our Privacy Policy describes our privacy practices. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information. Information From time to time there might be information on the Site, whether or not posted by Bridgewell Resources or by third parties, that is outdated or contains errors, inaccuracies, or omissions (“Inaccuracies”). We reserve the right to correct any such Inaccuracies at any time and we apologize for any inconvenience this may cause you. For any information supplied by you in connection with your use of the Site, you agree to supply only accurate, current and complete information. This includes not impersonating any third parties in the course of using the Site. You also agree to review and correct all information that is supplied about you (such as when the Site “pre-populates” information you would otherwise have to enter) to ensure that it is always accurate and current. We reserve the right to purge or delete information stored by you in our discretion. Any product listings or descriptions of services featured on the Site are intended only to be indicative or illustrative. No such information is intended to be a guarantee or warranty on the part of Bridgewell Resources and you agree not to rely on such information. We assume no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge and experience. Content Ownership The Site may feature, without limitation, data, text, designs, graphics, logos, slogans, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and other information (collectively, “Content”). Content, if any, that is posted by you in connection with your use of the Site, shall be referred to as “User Content.” Content that is posted by or that otherwise originates from Bridgewell Resources or its affiliates or suppliers shall be referred to as “Bridgewell Content.” (a) Should you post or transmit User Content to the Site, you retain ownership of the User Content, but you must grant certain rights to Bridgewell Resources to use the User Content. Accordingly, you hereby grant to Bridgewell Resources and its designees, a royalty free, worldwide, perpetual, fully paid, nonexclusive, freely transferrable and freely sublicensable license and authority to use, edit, modify, prepare derivative works of, publicly perform, publicly display, post, transmit, playback, transcode, copy, reproduce, distribute, incorporate and otherwise fully exploit the User Content and all intellectual property rights associated therewith in connection with: (i) Bridgewell Resources’ maintenance, operation, and performance of the Site; (ii) the operation of Bridgewell Resources’ business; and (iii) Bridgewell Resources’ promoting, marketing and redistributing the Site, or parts thereof, in any and all media formats and through any and all media channels. You further represent and warrant to Bridgewell Resources that: (x) you own the User Content posted by you on or through the Site, or otherwise have the legal right to post such User Content on or through the Site; and (y) the User Content or the posting thereof to or through the Site does not violate the privacy rights, publicity rights, intellectual property rights, or any other proprietary rights of any third party. (b) All Bridgewell Resources Content featured on the Site is the property of Bridgewell Resources or its affiliates, licensors or suppliers and is protected by U.S. and international intellectual property laws. No Bridgewell Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms, or with our prior written consent. All rights not expressly granted to you are reserved. Modification or use of Bridgewell Resources Content for any other purpose may violate Bridgewell Resources’ intellectual property rights, and no title to copies or to intellectual property rights in the Bridgewell Resources Content are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of: (i) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you; (ii) in connection with your internal, non-commercial use of the Site, subject to these Terms. Some Bridgewell Resources Content may also be subject to further terms and conditions provided in connection with the particular Bridgewell Resources Content. Any use of the Bridgewell Resources Content other than as set forth in this paragraph may result in may result in immediate termination of your user privileges. (c) Any comments, feedback, suggestions, or ideas (“Feedback”) you provide on, through or in connection with the Site may be used by Bridgewell Resources. While you may continue to own all such the Feedback, you hereby grant to Bridgewell Resources a non-exclusive, irrevocable, royalty free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback. Infringement of Our Rights or the Rights of Others; Copyright Agent You agree to respect the intellectual property rights of Bridgewell Resources and others. Anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to our copyright agent – see “Legal Notices.” We reserve the right to terminate in appropriate circumstances any account or right of access for infringement. No Commercial Use You may use the Site for your internal, non-commercial use solely for lawful purposes in compliance with these Terms. If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Bridgewell Resources for violations of these Terms as set forth herein. Your Conduct You agree that you will not violate any law, breach any contract or other legal duty owed to a third party, infringe or misappropriate any intellectual property right, or commit any tort, in connection with your use of the Site. You also agree not to: (i) attempt to access any area of the Site that you are not authorized to access; (ii) alter information on or obtained from the Site; (iii) use any robot, spider, scraper or other automated means or interface not provided by Bridgewell Resources to access the Site or to extract data; (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; (v) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (vi) modify, translate, or otherwise create derivative works of any part of the Site; (vii) copy, rent, lease, distribute, or otherwise transfer any of the rights granted to you hereunder; (viii) send to or otherwise impact Bridgewell Resources or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware”, “adware” or other code that could adversely impact the Site or any recipient; (ix) access or use the Site for any unlawful, unintended (by us), or harmful purpose, or other than in full compliance with applicable law and these Terms; (vii) take any action which might impose a significant burden (as determined by Bridgewell Resources) on Site infrastructure; (x) interfere with the ordinary operation or mission of the Site; (xi) infringe or misappropriate any patent, trademark, trade secret, copyright, right of publicity or other intellectual property right or other proprietary right; (xii) impersonate any person or entity; and (xiii) “frame” the Site or otherwise make it look like you have a relationship with Bridgewell Resources or that Bridgewell Resources has endorsed you for any purpose. We reserve the right to terminate in appropriate circumstances any account or right of access for unauthorized or unlawful use of the Site in violation of these Terms. Disclaimer You agree that the site and all Bridgewell content (as defined above) are provided by us or any of our existing or future vendors, affiliates or agents “as is” and “with all faults,” and the entire risk as to the satisfactory quality, performance, accuracy and effort is with you. Bridgewell resources does not make any representations or express warranties and disclaims all such warranties, conditions and duties, express, implied or statutory, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose or use, results, accuracy, completeness, privacy or security and any implied warranties created by trade usage, course of dealing or course of performance. We further disclaim all duties to you, if any such duties exist, including but not limited to reasonable care, workmanlike effort, and lack of negligence. If a duty cannot be disclaimed, you agree that the standard used to measure Bridgewell Resources’ performance of that duty will be intentional misconduct. Also, there is no warranty of title or against interference with your enjoyment of any aspect of the site or against infringement. You expressly waive all duties, conditions and all warranties that might exist but for this section. All risk in connection with the use of the site is with you. Electronics communications privacy act notice (18 u.s.c. § 2701-2711): Bridgewell Resources makes no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any third party website linked to the site. Bridgewell will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any user content stored on Bridgewell Resources’ equipment, transmitted over networks accessed by the site, or otherwise connected with your use of the site. Limitations To the full extent allowed by law, you agree that neither Bridgewell Resources nor any of its existing or future affiliates, suppliers or agents will be liable to you and/or any other person for any special, incidental, punitive, consequential or other similar damages, or for damages for lost profits, for loss or impairment of privacy, security or data, for failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of these terms or the site, even if Bridgewell Resources has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation. If notwithstanding the limitations of liability set forth in these terms Bridgewell Resources is found liable, Bridgewell Resources’ total liability to you or to any third party is limited to the lesser of: (i) the amounts paid by you to Bridgewell Resources, if any, in the twelve (12) months prior to the action giving rise to liability; or (ii) $100. the damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose. Links The Site may link to other websites and some websites may link to the Site. These links may be provided by Bridgewell Resources as a convenience to you. Additionally, some services offered on or through the Site may be provided by third party service providers. Unless Bridgewell Resources specifically says so, Bridgewell Resources does not endorse any third party service providers, the linked sites, or anything content on the linked sites. If you deal with a linked site or use these services, your transaction is not with Bridgewell Resources and you should review the linked site’s “terms of use,” other contract(s) and/or privacy policy before completing your transaction. You may not create a link to the Site from another website or document without Bridgewell Resources’ prior written consent. For requests, please contact us at: marketing@bridgewellres.com. Indemnity You agree to indemnify, defend and hold harmless Bridgewell Resources, its licensees, affiliates, successors and assigns, and the officers, directors, employees, agents and representatives of the foregoing, for, from and against any and all losses, liabilities, expenses, damages, fees, penalties, claims or demands (actual or alleged), including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, and your violation or infringement of any law or the rights of any third party, including any third party intellectual property rights. Bridgewell Resources reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably assist and cooperate with Bridgewell Resources in the defense thereof. Termination or Cancellation As noted above, these Terms are a legally binding agreement between you and Bridgewell Resources with respect to your use of the Site. Either we or you may terminate this agreement with or without cause or prior notice; however, if you use the Site after such termination, that use will constitute your new agreement to these Terms. If applicable law requires that we provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Bridgewell Resources’ rights under these Terms that by their terms, nature, sense or context are intended to survive the termination of these Terms shall survive such termination. Without terminating your right to use the Site pursuant to these Terms, we may also suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others. Governing Law This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or these Terms. You agree that these Terms, and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Site, shall be governed by the laws of the State of Oregon, U.S.A., without regard to its conflict of law provisions and without regard to where performance hereunder is made. You agree that any disputes shall be heard exclusively in an appropriate forum located in Multnomah County, Oregon. You also consent to jurisdiction in a state or federal court sitting in Multnomah County, Oregon and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Oregon or federal law. Notices, Including Our Address for Legal Notices (a) We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site. (b) You agree to send us notice by mailing it to “Our Address for Legal Notices” which is Bridgewell Resources, LLC, Attn: Legal Notices, 10200 SW Greenburg Rd. Ste. 500, Tigard, OR 97223 U.S.A., or by emailing it to us at legal@bridgewellres.com. Amendments You agree that we may amend these Terms from time to time, including by changing anything in these Terms (“Amendments”). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version (“Effective Date”) – we will try to do that ten (10) days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by email. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed these Terms, review the most recent version because it will apply as of its Effective Date and until the next version is posted (and the ten (10) day period referenced above, if applicable, has passed). No Amendments will be effective unless we post them on our Site. You agree that using the site after the effective date of the amended version of these terms will constitute your agreement to the amended version. Notwithstanding the foregoing, you agree that without amending these Terms pursuant to this Section, we may change other Site information (other than the text of these Terms) in our sole discretion. Agreement; Miscellaneous These Terms, which incorporate by reference any: (i) additional terms on the Site or otherwise provided by us for particular activities; and (ii) disclosures provided by us and consents provided by you on the Site, constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in these Terms. If any part of these Terms is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of these Terms will continue in full force and effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches. There are no third party beneficiaries of any part of these Terms. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Bridgewell Resources’ prior written consent, which Bridgewell Resources may withhold for any reason or no reason. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable costs and attorneys’ fees. Legal Notices Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. Further Information If you would like to receive our legal name and address by email, you need to provide us your email address by sending your request, in writing, to Our Address for Legal Notices (set forth above). If you have a complaint, you may contact us at the address(es) set forth above. Notice of Copyright Agent Bridgewell Resources respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation 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, its agent, or the law; and (vi) a representation that the information in the notice 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. Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner: By mail: Bridgewell Resources, LLC, 10200 SW Greenburg Rd. Ste. 500, Tigard, OR 97223 U.S.A., Attn. Copyright Agent By email: copyright@bridgwellres.com Notice: No Harvesting Allowed We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized as appropriate by our personnel or policies. except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted. Notice About Trademarks BRIDGEWELL RESOURCES® and all associated logos are trademarks of Bridgewell Resources, LLC. All other trademarks and logos on the Site are the property of their respective owners. All rights are reserved. DOWNLOADS If you have any questions or if we can be of further service, please call 800.570.3557. Sales Order General Terms and Conditions Purchase Order General Terms and Conditions PRODUCTS CAREERS ABOUT CONTACT TERMS & CONDITIONS CREDIT APPLICATION TERMS OF USE PRIVACY POLICY OFFICE LOCATIONS NEWS 10200 SW GREENBURG RD., #500, TIGARD, OR 97223 ©2021 BRIDGEWELL RESOURCES ALL RIGHTS RESERVED.