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Terms and Conditions

TERMS AND CONDITIONS

This website is operated by Spa Luxe collectively referred to herein as "Company" or "we", "us", or "our"). Your use of this website (the "website") is subject to the following terms and conditions of use (the "terms"). Your use of the website constitutes your unconditional agreement to be bound by these terms. If you do not agree to be bound by these terms, you may not access or otherwise use the website. From time to time, company reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove, revise and/or otherwise change any portion of these terms, in whole or in part, at any time. For changes to these terms that we consider to be material, we may place a notice on the website by revising the link on the homepage to read substantially as "updated terms of use" or something similar for a reasonable amount of time. If you provide information to us or access or use the website in any way after these terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to all such changes. The most current version of these terms will be available on the website and will supersede all previous versions of these terms.

These terms, our privacy policy, the our safe harbor privacy policy located here and any other terms and policies incorporated herein by reference (collectively, the "other policies"), constitute the entire agreement between you and company pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

This website is offered and made available only to users thirteen (13) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. If you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.

The information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

MEMBERSHIP & REGISTRATION

Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website's practices governing your personal information are disclosed in our privacy policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide information to the website, you agree to provide only true, accurate, current and complete information.

If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

OWNERSHIP OF CONTENT

This website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "material") are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. Nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. You agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company's rights or the rights of others. You agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. You agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. You are advised that company will aggressively enforce its rights to the fullest extent of the law. Company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.

USER FORUMS

Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the website ("user forums") are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the user forums ("community content") is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. Additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

Company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. Information disclosed in the user forums is by design revealed to the public. Company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company's sole discretion. In addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. In no event does company assume any obligation to monitor the user forums or remove any specific material.

RESTRICTIONS ON USE

In consideration for your use of the user forums and functionality, you agree to comply with the "community guidelines" set forth in the privacy policy. Individuals who violate the community guidelines may, at company's sole discretion, be permanently banned from using the website.

 

Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Company or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose without permission. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Company’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Company’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

 

DISCLAIMERS/LIMITATIONS ON LIABILITY

YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, PARTNERS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING, RELATING TO AND/OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY U.S. DOLLARS ($50), IN THE AGGREGATE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.

BY ACCESSING THIS WEBSITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by company. Views and opinions of users of this website do not necessarily state or reflect those of company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this website.

The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing companies any information. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this website. This website may be temporarily unavailable due to maintenance or malfunction of computer equipment.

INDEMNIFICATION

You will indemnify and hold harmless COMPANY from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by COMPANY and such parties, and shall defend COMPANY and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party.  Company will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of COMPANY.

 

SUBMISSIONS POLICY

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

 

  1. Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
  2. May contain software viruses or malware;
  3. Contains advertisements or solicitations of any kind, or other commercial content;
  4. Is designed to impersonate others;
  5. Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  6. Contains messages by non-spokesperson employees of Company purporting to speak on behalf of Company or containing confidential information or expressing opinions concerning Company;
  7. Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  8. Contains multiple messages placed within individual folders by the same user restating the same point;
  9. Contains chain letters of any kind; or
  10. Contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.  With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Company.

 

LINKING POLICY

If you link to this website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company.   The link to this website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. You may not "frame" this website or alter its intellectual property or material in any other way. You may not link to the website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this website and/or these terms.

Company is not responsible for the content or performance of any portion of the Internet including other worldwide websites to which this website may be linked or from which this website may be accessed. Users are requested to inform company of any errors or inappropriate material found on websites to which this website is or may be linked.

 

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

 

PROMOTIONS

This website may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and is eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

LOCATION

Company operates this website in the United States. Information contained on this website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited. If you access this website form other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These terms shall be construed and enforced in accordance with the laws of the united states, state of Florida, (without regard to its conflicts of law principles that would cause the application of any other jurisdiction's laws) and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. Any cause of action filed by you with respect to the terms and/or your use of this website must be filed in Miami Beach, Florida within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.  You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Miami Beach, Florida for any cause of action relating to or arising under these terms or the website.

VIOLATIONS AND ADDITIONAL POLICIES

Company will determine your compliance with these terms in its sole discretion and its decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of company. Company reserves the right to modify or discontinue this website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the website, or upon demand by company, you must destroy all materials obtained from this website and all related documentation and all copies and installations thereof. You are advised that company will aggressively enforce its rights to the fullest extent of the law. Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (I) tampering with the operation of the website; (ii) acting in violation of these terms; (iii) acting in an unethical or disruptive manner; or (iv) acting with intent to annoy, abuse, threaten or harass company its representatives or any other individual in any manner related to the website.

If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.

 

Changes to These Terms of Use

You acknowledge and agree that Company may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site.  You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Use.  Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

Assignment

You may not assign these Terms of Use or the Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld at Company’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Service shall be null and void. Company may assign these Terms of Use or the Terms of Service, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

ABILITY TO ACCEPT TERMS

You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms. 


CONTACT US

If you have any questions, comments or concerns about our website or these terms of use, you may contact us info@shopspaluxecom. 


the effective date of these terms is January 29, 2015.

 

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