The Spa Depot and its affiliates provide their services to you subject to the
following terms and conditions, which you should read carefully. Various
features and services may have other terms and conditions to which
you will be subject.
Your use of The Spa Depot website indicates your acceptance of and agreement to
be bound by these terms and all subsequent revisions. We may revise these terms
from time to time by updating this Conditions of Use Information page.
Nothing on The Spa Depot website should be construed as offering legal, medical
or other professional advice.
Registration
Generally you do not need to register to enjoy our
website,
though certain features and services such as shopping may involve registration.
When asked to provide information, you agree to provide true, accurate and
complete information. You also agree to maintain and update such information to
maintain its completeness and accuracy. We reserve the right to terminate your
use of our services if we discover that any information you provided is not
accurate and complete. We may change or discontinue any feature or service of
this website, including, but not limited to, content, hours or availability
and equipment needed to access or use SpaDepot.com.
COPPA Compliance
Users who register with The Spa Depot website must be at least 13 years old. In
accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA),
The Spa Depot will never knowingly solicit nor will it accept personally
identifiable information from users known to be under thirteen (13) years of
age.
Privacy
Please review our
Privacy
Policy, which also governs your use of The Spa Depot website, for information
about our privacy practices. In addition, other policies posted on The Spa Depot
website also govern your use of the site.
Limited License of Use
The Spa Depot grants you a limited license to access and make personal use of
The Spa Depot website and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of The Spa Depot. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, or otherwise exploited for any commercial purpose without
express written consent of The Spa Depot. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of The Spa Depot website and our
affiliates without express written consent. You may not use any meta tags or any
other “hidden text” utilizing The Spa Depot name or trademarks without the
express written consent of The Spa Depot. Any unauthorized use terminates the
permission or license granted by The Spa Depot.
Copyright
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of The Spa Depot or its content suppliers and protected by
United States and international copyright laws. The compilation of all content
on this site is the exclusive property of The Spa Depot and protected by U.S.
and international copyright laws. All software used on this site is the property
of The Spa Depot or its software suppliers and protected by United States and
international copyright laws. Except as provided for by law, you may not use any
The Spa Depot's copyrighted material without express written permission.
Copyright Agent
The Spa Depot respects the copyrights of others. If you believe that your
work has been infringed by any material on The Spa Depot website, please contact us at
the address at the bottom of this page.
Trademarks
The Spa Depot is a registered trademark of The Spa Depot. Other marks and logos are trademarks of
The Spa Depot, as indicated. Except as provided for by law, you may not use
The Spa Depot’s trademarks or trade dress without express written permission. All
rights reserved. All other trademarks appearing on The Spa Depot are the
property of their respective owners.
Third Party Content
You may post reviews, comments, and other content, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
The Spa Depot reserves the right (but not the obligation) to remove or edit such
content.
If you do post content or submit material, and unless we indicate otherwise,
you grant The Spa Depot and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant The Spa Depot and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify The Spa Depot or its affiliates for all claims resulting from content
you supply. The Spa Depot has the right but not the obligation to monitor and
edit or remove any activity or content. The Spa Depot takes no responsibility
and assumes no liability for any content posted by you or any third party.
As a distributor of content supplied by third parties and users,
The Spa Depot has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third
parties, including content providers and users, are those of the respective
author(s) or distributor(s) and not of The Spa Depot. Neither The Spa Depot nor
any third-party provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to “Disclaimer of Warranties” below for the complete
provisions.)
In many instances, the content available through The Spa
Depot represents
the opinions and judgments of the respective information provider or user. It is
always your responsibility to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through
The Spa Depot website, whether published by a third party or The Spa Depot. Please
seek the advice of professionals, as appropriate, regarding the evaluation of
any specific information, opinion, advice or other content.
Notices
You consent to receiving any necessary notices either as posted on
The Spa Depot website, sent via electronic mail, or a combination thereof. You agree
to and are responsible for checking the The Spa Depot website for notices. You will
be considered to have received a notice when it is made available by posting on
The Spa Depot website.
Links
The Spa Depot website contains links to other web sites or resources. You
acknowledge and agree that The Spa Depot is not responsible or liable for (i)
the availability or accuracy of such sites or resources; or (ii) the content,
advertising, or products on or available from such sites or resources.
Correspondence with Merchants, Advertisers and Other Third Parties
Your correspondence with merchants, advertisers, and other third parties
found on The Spa Depot website, including 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 merchant or advertiser. You agree
not to hold The Spa Depot, its affiliates, and their respective officers,
directors, employees, agents, attorneys, accountants, consultants, advisors and
content providers from and against any claims, actions or demands, liable for any
loss, damage, cost or expense of any sort incurred as the result of any such
dealings or as the result of the presence of such third parties on The Spa
Depot website.
Disclaimer of Warranties
ALL OF THE INFORMATION,
OPINIONS, AND DATA ON THE SPA DEPOT WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY,
RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of the above exclusions
may not apply to you.
WE ALSO MAKE NO WARRANTY THAT THE SPA DEPOT
WEBSITE WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE SPA DEPOT WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM THE SPA DEPOT
OR THROUGH THE SPA DEPOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE SPA DEPOT IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE SPA
DEPOT NOR ITS
AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN THE SPA DEPOT WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER THE SPA DEPOT, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE INFORMATION.
Indemnity
You agree to defend, indemnify, and hold harmless The Spa
Depot, its
affiliates, and their respective officers, directors, employees, agents,
attorneys, accountants, consultants, advisors, and partners from and against any
claims, actions or demands, including without limitation reasonable legal and
accounting fees, made by any third party due to or resulting from use of The Spa
Depot website or content therein or violation of these Conditions of Use.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL
CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SPA DEPOT WEBSITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS
($100.00). NEITHER THE SPA DEPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND
ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SPA DEPOT WEBSITE OR CONTENT THEREOF SHALL BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING
FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SPA DEPOT WEBSITE AND ITS
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH
DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation or
exclusion may not apply to you.
General Provisions
You are responsible for complying with applicable local laws, keeping in mind
that access to The Spa Depot website or its content may not be legal by certain
persons or in certain countries.
If any part of these Conditions of Use are held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and the
remainder will remain in full force and effect.
These Conditions of Use are between you and The Spa Depot and may not be
transferred, assigned or delegated to anyone without our express written
permission. Any attempt to assign, transfer or delegate these Conditions of Use
without our express written permission shall be null and void.
By visiting The Spa Depot website, you agree that the laws of the state of
Washington, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
The Spa Depot or its affiliates. Venue and jurisdiction shall solely and
exclusively be in Thurston County, Washington, and you consent to exclusive
jurisdiction and venue in such courts.
Any dispute you may have with respect to The Spa Depot must be commenced
within one year after it arises, or the cause of action is barred.
The Spa Depot website, www.SpaDepot.com, is operated by The Spa Depot,
a Washington corporation, headquartered at:
1019 85th Ave. SE
Olympia, WA 98501
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