Terms of Use
Effective [Month Day, Year] · Last updated [Month Day, Year]
These Terms of Use (“Terms”) are an agreement between you and Cordiv LLC (“Cordiv,” “we,” “us,” or “our”) and govern your use of RetireYourTub.com and any related pages, forms and services (together, the “Site”).
Please read these Terms carefully. They include a binding arbitration agreement and a waiver of class actions and jury trials in Section 15, which affect how disputes between you and us are resolved. You may opt out of arbitration within 30 days, as explained there.
1. Agreement to These Terms
By accessing or using the Site, or by submitting a request through it, you agree to these Terms and to our Privacy Policy, which explains how we collect, use and share information. If you do not agree, do not use the Site.
2. Eligibility
You must be at least 18 years old and a resident of the United States to use the Site. By submitting a request, you confirm that you meet these requirements, that you are submitting the request for yourself, and that you own the home described in your request or are authorized by its owner to seek estimates for it.
3. Our Service
RetireYourTub.com is a free service that helps homeowners learn about tub-to-shower conversions, walk-in showers, walk-in tubs and related bathroom projects, and connects them with independent home improvement companies and the marketing companies that work with them (“Partners”). The Partners that may receive your request are listed on our Partners page.
- We are not a contractor. We do not perform installation or remodeling work, and we are not a party to any agreement between you and a Partner. Partners are independent businesses, not our employees, agents or representatives.
- No endorsement or guarantee. We may review Partners before they receive requests, but we do not guarantee any Partner’s licensing, insurance, qualifications, availability, pricing, products, financing, warranties or work. Before hiring anyone, check that they hold any license your state or city requires, get a written contract, and review their warranty.
- Estimates are not quotes. Price ranges shown on the Site are general estimates based on your answers and typical projects. They are not offers or quotes. Only a Partner can give you a price, after seeing your home.
- No guaranteed match. We cannot guarantee that any Partner will accept your request, contact you, or serve your area.
- We are paid by Partners. The Site is free for you because Partners may pay us for requests or for introductions. This may affect which Partners receive your request.
- Information only. Content on the Site, including articles, FAQs and photos, is general information, not professional, construction, medical or financial advice. Photos may show example projects and may not reflect work by a particular Partner. Reviews reflect individual experiences, and your results may differ.
4. Your Requests and Information
When you submit a request, you agree that:
- the information you provide is true, accurate, current and complete;
- the phone number you provide is your own, or a number you are authorized to use, and you will tell us if it changes or you stop using it;
- you will not submit a request using another person’s name, phone number or email address, or on behalf of anyone else; and
- you are interested in being contacted about the project you describe, and you are not submitting the request to cause calls or texts to someone, to test our systems, or to create grounds for a claim.
We may decline, remove or stop processing any request that we believe is inaccurate, fraudulent, automated or otherwise violates these Terms.
5. Calls, Text Messages and Email
Your consent
When you click “Get My Estimate” or a similar button after the consent disclosure on our form, you give your express written consent for Cordiv and the Partners listed on our Partners page to contact you at the phone number you provide about your request and related home improvement products and services, including through calls and text messages that use automated technology, an artificial or prerecorded voice, or an AI-generated voice, even if your number is on a federal, state or company Do Not Call list. You also agree that we and our Partners may email you at the address you provide. Your consent is not a condition of buying any goods or services. The disclosure on the form, as recorded when you submit it, is part of these Terms.
Revoking consent
You may revoke your consent at any time by any reasonable means, including by replying STOP to a text message, telling a caller that you no longer wish to be contacted, or contacting us as described in Section 21. Because Partners contact you directly, you may also need to opt out with each Partner separately. When you contact us, we will stop our own calls and texts and use reasonable efforts to tell the Partners that received your request.
Text message terms
- Program: RetireYourTub.com verification codes, and messages from Cordiv and our Partners about your home improvement request.
- Frequency: message frequency varies. Verification codes are sent only when you request them.
- Cost: message and data rates may apply, according to your mobile plan.
- Opt out: reply STOP to any message to stop receiving texts from that sender. You may receive one final message confirming your opt-out.
- Help: reply HELP, or contact us at privacy@retireyourtub.com or [Toll-free number].
- Carriers: mobile carriers are not liable for delayed or undelivered messages.
6. Electronic Communications and Signatures
You agree that clicking a button to submit a request, check a box or accept a disclosure on the Site is your electronic signature, with the same effect as a handwritten signature under the federal E-SIGN Act and applicable state law. You agree to receive notices, disclosures and other communications from us electronically, including by posting them on the Site or sending them to the email address or phone number you provide. You may print or save a copy of these Terms and our Privacy Policy at any time from this page.
7. Monitoring and Recording
You understand and agree that we and our service providers, including consent verification services such as ActiveProspect’s TrustedForm and Verisk’s Jornaya, and analytics services such as PostHog, may monitor and record your visit to the Site, including your keystrokes, clicks, mouse movements, scrolling, the information you enter, and the pages and disclosures displayed to you, from the time a page loads. We use these records to verify your request and consent, prevent fraud, improve the Site and meet our legal obligations, as described in our Privacy Policy. Calls with us or our Partners may also be monitored or recorded where permitted by law.
8. Privacy
Our Privacy Policy describes how we collect, use and share your information, including sharing your request with Partners, and the choices you have. You can opt out of the sale or sharing of your personal information on our Your Privacy Choices page.
9. Acceptable Use
You agree not to:
- submit false, misleading or fraudulent information or requests;
- use bots, scripts, scrapers or other automated means to access the Site, submit forms or collect information from it;
- interfere with or disrupt the Site, its security or its consent recording, or try to gain unauthorized access to any system or data;
- copy, reproduce, resell or exploit the Site or its content for any commercial purpose without our written permission;
- reverse engineer any part of the Site, except as the law expressly permits;
- impersonate any person or misrepresent your affiliation with anyone; or
- use the Site in violation of any law or these Terms.
10. Intellectual Property
The Site and its content, including text, graphics, photos, logos, the RetireYourTub.com name, and software, are owned by Cordiv or its licensors and are protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view and use the Site for your own non-commercial purposes in line with these Terms. We reserve all rights not expressly granted.
If you send us feedback or suggestions, you allow us to use them without restriction or payment to you.
11. Partners and Third-Party Sites
The Site may link to, or connect you with, websites, products and services offered by Partners and other third parties. We do not control them and are not responsible for their content, products, services, communications or privacy practices. Any agreement, purchase, estimate, financing, warranty or dispute is solely between you and the Partner.
To the fullest extent permitted by law, you release Cordiv and its owners, officers, employees and agents from claims, damages and losses of every kind, known or unknown, arising out of or related to any dispute between you and a Partner or other third party, including any work a Partner performs or fails to perform. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not cover claims about our own conduct.
12. Disclaimers
The Site and all content and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Site will be uninterrupted, secure or error-free, that estimates or other content are accurate or complete, or that any Partner will contact you or meet your expectations.
13. Limitation of Liability
To the fullest extent permitted by law, Cordiv and its owners, officers, employees, agents and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, data or goodwill, or for any damages arising from the products, services, work or conduct of any Partner, even if we have been told such damages are possible. Our total liability for all claims relating to the Site or these Terms will not exceed one hundred U.S. dollars ($100).
Some states do not allow the exclusion or limitation of certain warranties or damages, so some of the limits above may not apply to you. If you are a New Jersey resident, or live in any other state with similar laws, the disclaimers, limitations, release and indemnity in these Terms apply only to the extent that law permits, and nothing in these Terms limits rights you have that cannot be waived.
14. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless Cordiv and its owners, officers, employees and agents from claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Site, or information you submit, including any request you submit using a phone number or email address that does not belong to you.
15. Dispute Resolution and Arbitration
Please read this section carefully. It requires you and us to resolve most disputes by individual arbitration instead of in court, and it waives the right to a jury trial and to bring or join a class action.
Informal resolution first
Before starting an arbitration or a small claims case, you and we agree to try to resolve the dispute informally. The party with a claim must send the other a written notice describing the claim and the relief sought, with the sender’s name, mailing address, phone number and email address. Send notices to us at privacy@retireyourtub.com or the mailing address in Section 21. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Deadlines to bring a claim are paused during this period.
Agreement to arbitrate
Except as described below, you and Cordiv agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, your request, or any call, text message or email you receive from us or on our behalf, including claims under the Telephone Consumer Protection Act or similar laws and disputes about whether a claim must be arbitrated, will be resolved by binding individual arbitration. Our Partners are intended third-party beneficiaries of this section for claims arising out of calls, text messages or emails made in connection with a request you submitted through the Site.
This agreement does not apply to (a) individual claims that qualify for small claims court, as long as they stay there on an individual basis; or (b) claims by either party to stop infringement or misuse of intellectual property.
How arbitration works
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and, where they apply, its Mass Arbitration Supplementary Rules, as modified by this section. The rules are available at adr.org. If the AAA is unavailable, the parties will select another arbitration provider, or a court will appoint one. A single neutral arbitrator will decide the dispute and may award the same individual relief a court could award, subject to these Terms. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules, and we will pay any fees the rules require a business to pay. The arbitration will take place in the county where you live or by phone or video, and if your claim is for $10,000 or less, it may be decided on written submissions unless the arbitrator decides a hearing is needed. The Federal Arbitration Act governs this section.
Class action and jury trial waiver
You and Cordiv each agree to bring claims only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or award relief to anyone other than the individual party. You and Cordiv each waive the right to a jury trial.
If a court decides that any part of this waiver is unenforceable for a particular claim or request for relief (such as public injunctive relief), that claim or request will be decided in court, after the individual arbitration of all other claims, and the rest of this section will still apply.
30-day right to opt out
You may opt out of this arbitration agreement by emailing privacy@retireyourtub.com with the subject line “Arbitration Opt-Out” within 30 days after you first accept these Terms. Include your name, mailing address, phone number and email address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms, and it does not affect any arbitration agreement you have with a Partner.
Changes to this section
If we make a material change to this section, you may reject the change by emailing us within 30 days after it takes effect. In that case, the version of this section you last accepted will continue to apply.
16. Governing Law and Venue
These Terms are governed by the laws of the State of [State], without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 15. Any dispute that is not subject to arbitration will be brought only in the state or federal courts located in [State], and you and we consent to the personal jurisdiction of those courts. This does not take away any protection you have under the consumer protection laws of the state where you live.
17. Changes to the Site and These Terms
We may change, suspend or discontinue any part of the Site at any time. We may update these Terms from time to time by posting the updated version on this page and changing the “Last updated” date above. Changes apply from the date they are posted, except as described in Section 15, and do not apply to disputes that arose before the change. Your continued use of the Site after a change means you accept the updated Terms.
18. Termination
We may suspend or end your access to the Site at any time, without notice, if we believe you have violated these Terms or the law. Sections that by their nature should survive, including those on consent records, intellectual property, releases, disclaimers, limitation of liability, indemnification and dispute resolution, will survive.
19. General Terms
These Terms, together with our Privacy Policy and any disclosure you accept on the Site, are the entire agreement between you and us about the Site. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest will remain in effect, except as stated in Section 15. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Headings are for convenience only, and “including” means “including without limitation.” We are not liable for delays or failures caused by events beyond our reasonable control.
20. Notice to California Users
Under California Civil Code § 1789.3, California users are entitled to the following notice: the Site is provided by Cordiv LLC, [Mailing Address], [City, State ZIP]. The Site is free to use. If you have a question or complaint, contact us as described in Section 21. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
21. Contact Us
If you have questions about these Terms, contact:
Cordiv LLC[Mailing Address]
[City, State ZIP]
Email: privacy@retireyourtub.com
Phone: [Toll-free number]
