2. Spa Deals NYC IS A VENUE. The Website is a communications platform for enabling the connection between individuals seeking Spa Deals NYC products or services ("Customers") and/or individuals or companies providing Spa Deals NYC products or services ("Merchants"). Spa Deals NYC does not assume any responsibility for the accuracy or reliability of any information provided by Customers or Merchants on this Website. Spa Deals NYC does not assume and expressly disclaims any liability that may result from the use of this information. Spa Deals NYC is not responsible for the conduct, whether online or offline, of any User of the Website or of the Service. All Users including both Customers and Merchants do hereby expressly agree not to hold Spa Deals NYC (or Spa Deals NYC's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Website and Spa Deals NYC expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our products and services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors under the age of eighteen (18) (unless otherwise permitted by law) or to anyone who may not legally contract with Spa Deals NYC. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Users of this Website are not the responsibility of Spa Deals NYC. Spa Deals NYCdoes hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Website. Users do hereby represent, understand and agree to hold Spa Deals NYC harmless for any misstatements and/or misrepresentations made by any Users of this Website. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Website.
4. RELEASE. Spa Deals NYC will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes in relation to the use of this Website. By using this Site, you do hereby represent, understand, and expressly agree to hold Spa Deals NYC harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Website. Spa Deals NYCwill use its reasonable efforts to monitor this Website including actions, comments, and general usage of the Website and suspend privileges to any User not adhering to the policies of the Website. You agree to take reasonable precautions in all interactions with other Users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any Users therein to Spa Deals NYCimmediately by notifying Spa Deals NYC of the same via electronic correspondence at firstname.lastname@example.org.
5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your use and/or registration for use of the Website. Spa Deals NYC is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other Users of the Website. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Spa Deals NYC or to any other User of the Website.
You understand and agree that Spa Deals NYC may review and delete any Content, in each case in whole or in part, that in the sole judgment of Spa Deals NYC violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Website.
By posting Content to any public or private area of the Website you automatically grant, and you represent and warrant that you have the right to grant, to Spa Deals NYC, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Spa Deals NYC will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Website or through the Service, but not directly by Spa Deals NYC, are those of their respective authors. Such authors are solely responsible for such content. Spa Deals NYC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or through the Service. Under no circumstances will Spa Deals NYC or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any User of the Website or Service.
7. NON-SOLICITATION. The Website and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with Spa Deals NYC without express written permission from Spa Deals NYC. Should Spa Deals NYC find that you violate the terms of this section or any terms stated herein, Spa Deals NYC reserves the right to terminate your use of this Website at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. COPPA COMPLIANCE. Spa Deals NYC is intended for people 18 or older. Customers and Merchants should monitor children's use of the Internet. Spa Deals NYC will not knowingly collect any information from children under 13. You must identify your age during the registration process. Spa Deals NYCtakes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, Spa Deals NYC does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User’s registration for or use of the Website. We reserve the right to terminate without notice the subscription of any User if we believe that the User has provided any false information to use when registering for or using this Website. Should we determine that you provided any false information to us when using this Site, your subscription will be terminated immediately and we further reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. PROHIBITED USE. The Website is for the personal use of individual Users only. Use of the Website is with the permission of Spa Deals NYC. Spa Deals NYC reserves the right to terminate your use of this Website at its sole discretion at any time. In order to protect the integrity of the Website and the Service, Spa Deals NYC also reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website. The Website and related services may not be used by any person or organization to recruit, solicit, or contact in any form for employment or contracting for a business not affiliated with Spa Deals NYC without express written consent from Spa Deals NYC in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and should not use the Service or the Website for any illegal or unauthorized purpose, including (but not limited to) collecting Usernames and/or email addresses of Users by electronic or other means, unless express written consent from Spa Deals NYC is obtained in advance.
Should Spa Deals NYC find that you violated the terms of this paragraph or any terms stated herein, Spa Deals NYC reserves the right, at its sole discretion, to immediately terminate your use of the Website and/or assess a reasonable daily penalty fee for removing and permanently deleting, either in a manual or automatic manner, User, Customer or Vendor information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Website content, including but not limited to, use on a "mirrored", competitive, or third party Website.
Although Spa Deals NYC cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from the Website or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit written consent from Spa Deals NYC. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
12. LIMITED LICENSE. Spa Deals NYC grants Users a nonexclusive, revocable right to use the Website provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website in any manner or form, or (iii) violate any term in this Agreement.
13. PAYMENT AND REFUND POLICY FOR CUSTOMERS. Customers are obligated to pay for the products or services of the Site, unless specifically notified otherwise. At Spa Deals NYC's sole discretion, a refund or credit will be issued for extenuating circumstances or to correct an error on the part of Spa Deals NYC. In the event that a refund or credit is issued and if there was a school or non-profit associated with that particular sale, that amount shall be deducted from the refund or credit. Customer agrees and understands that payment processing for Spa Deals NYC will be handled by Spa Deals NYC and the credit card or bank statement shall reflect Spa Deals NYC as the payee.
14. PAYMENT AND REFUND POLICY FOR MERCHANTS. The basic services of Spa Deals NYC are free for individual Users (though some premium services may be offered for a fee).
Companies and agencies that sign up as Merchants are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Merchants agree to pay Spa Deals NYC all charges at the prices then in effect for any use of the Website. In addition, these Merchants authorize Spa Deals NYC to charge their chosen payment provider for use of the Website. Spa Deals NYC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The subscriptions of companies and agencies that sign up as Merchants will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or cancel your subscription at any time, contact email@example.com. If you request to cancel your subscription, your subscription will be terminated immediately.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. At Spa Deals NYC's sole discretion, refunds or credits may granted in extenuating circumstances or to correct any errors made by Spa Deals NYC.
15. THIRD PARTY VERIFICATION SERVICE. Spa Deals NYC may make a third-party verification service available to Customers and Merchants. Customers and Merchants may use this service to verify information such as, but not limited to, name, address, social security number, the person's credentials, credit history and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Spa Deals NYC is a mere conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. You agree that Spa Deals NYC shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation yourself, is not accurate.
16. FAIR CREDIT REPORTING ACT. If you choose to use or access information provided by a third-party verification service offered through the Site, you hereby warrant that you will comply with the Fair Credit Reporting Act ("FCRA"), which can be found at http://www.ftc.gov/os/statutes/031224fcra.pdf. Users must comply with the FCRA at all times, just as they would if they did not use Spa Deals NYC as the mere conduit for this information. Spa Deals NYCdoes not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
17. SMS TEXT MESSAGE ALERT SERVICE. Spa Deals NYC may make an SMS text message alert service available to Customers and/or Merchants. Customers and/or Merchants who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give Spa Deals NYC express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that Spa Deals NYC does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although, Spa Deals NYC does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from Spa Deals NYC.
18. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". Spa Deals NYCDOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
19. NO LIABILITY. Under no circumstances will Spa Deals NYC, Spa Deals NYC's agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any User or any linked web Website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Spa Deals NYC, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Users release Spa Deals NYC and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
Spa Deals NYC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Spa Deals NYC or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between Users of the Site, whether online or offline. The Website and the Service are provided "AS-IS" and Spa Deals NYC EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Spa Deals NYC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Spa Deals NYC makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
21. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Spa Deals NYC's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Spa Deals NYC's agent for copyright issues relating to this Website is as follows:
Spa Deals NYC
84 E. 7th St, #3
New York, New York 10003
In an effort to protect the rights of copyright owners, Spa Deals NYC maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
23. U.S. EXPORT CONTROLS. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
24. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Website and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, Anoka County, for the resolution of any such dispute.
25. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
26. CONTACT INFORMATION. If you have any questions or need further information as to the Website or Service provided by Spa Deals NYC, or need to notify Spa Deals NYC as to any matters relating to the Website or Service please contact Spa Deals NYC at:
Spa Deals NYC
84 E. 7th St, #3
New York, New York 10003