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Spa Moments Terms of Use

Posted: June 5, 2017

Please review the following terms and conditions ("Agreement") that govern your use and purchase of products on the Spa Moments (herein also referred to as "us," "our," or "we") website at SpaMoments.com ("Site").

When you use our Site regardless of means of access, you are automatically agreeing to be bound by our legal notices, privacy policy, and other Site policies (such as our Return Policy and Privacy Policy) contained on our Site, and you agree that your use of our Site is subject to this Agreement, subject to all applicable laws, and undertaken at your own risk.  

We reserve the right, at any time, to modify, alter, or update the terms of this Agreement. Any such change shall be effective upon the "Posted" date above. Your continued use of the Site shall be deemed acceptance of the new or modified terms of this Agreement. The terms and conditions constitute the entire agreement between you and Spa Moments relating to the subject matter addressed herein, and are effective unless and until terminated by Spa Moments.

Site Content

Unless otherwise noted, all text, graphics, logos, page headers, button icons, images, video clips, trademarks, service marks, trade dress, headers, icons, scripts, digital downloads, software, and other materials -- both individually or as they are compiled on our Site -- are our property or the property of our affiliates, suppliers, or third party service providers and are protected by United States and international intellectual property laws. You may not, except with our express prior written permission, distribute, transmit, store, or use such property in any manner not expressly provided for herein.

Product Availability

Prices and availability of products and services are subject to change without notice and are not guaranteed. If products are not available at the time of your desired purchase, please contact us at info@spamoments.com for assistance.  We will use our best efforts to correct errors where discovered as soon as possible, and we reserve the right to retract any stated offer and correct any inaccuracies or omissions including after an order has been placed and whether or not the order has been confirmed and your credit card charged. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.

Product Images and Colors

We have made every effort to display product images that appear on the Site as accurately as possible; however, we cannot guarantee that your computer monitor, display settings, or browser configuration will display product images or render the colors within such images correctly, and we shall not be liable for any such inaccurate display or presentation.

Submitting a Review or Commenting on a Post

Participating in surveys, providing feedback on blog posts, or submitting reviews on or through the Site is voluntary.  By submitting reviews or feedback on our Site, you hereby assign to Spa Moments all worldwide right, title, and interest in and to your reviews and submitted content and material attached thereto (including all intellectual property associated therewith) for our exclusive use, reproduction, modification, adaptation, publication, translation, distribution, presentation, or exploitation.  

Reviews should be genuine experiences and content should be relevant and helpful to other users of the Site.  When posting content, you are participating in a public forum and your content may be available to other users, sites, or third parties. We reserve the right to post, not post, modify, or remove any user content for any reason or no reason at all. You agree to post reviews and content in accordance with the following Guidelines.  

We will not publish a review unless it follows these Guidelines:

No unlawful or objectionable content – you should not submit reviews that contain words, language, or content that is or may be considered unlawful, libelous, defamatory, abusive, racially or sexually offensive, or obscene.

Non-infringement – content of user reviews should not infringe the intellectual property rights or other proprietary rights of others.

Harmful content – reviews and content shall not contain viruses, worms, Trojan horses, or other computer programs that may damage, or are capable of damaging or affecting any system, software, site, or data.

No spamming or advertising – reviews shall not contain commercial web or email addresses and no promotional or advertising material of any kind including the pricing, availability information, products, or services, or alternative ordering information.

No Tags – HTML tags are not permitted to be posted on the Site.

Responsibility – you are responsible for any and all content you upload or post on the Site.

Tampering

Tampering with this Site, misrepresenting the identity of a user, circumventing, disabling, or otherwise interfering with security features, interfering with or disturbing related networks, hardware & databases, or conducting fraudulent activities on this Site are prohibited.

Validating Your Order

Once you place an order with Spa Moments, we reserve the right to verify the information you have provided, including, but not limited to, the method of payment and shipping address. We have the right to reject any order you place with us without providing a reason.  We will attempt to notify you during the order process if any order is rejected.

Denial of Access

If in our sole discretion you fail to comply with any term or provision of this Agreement, we may deny you access to this Site.  In the event of such denial of access, you are no longer authorized to access or use the Site, and the restrictions imposed upon you with regard to the disclaimers of liability and indemnification set forth herein shall continue in full force and effect.

No Substitute for Personal Judgment

Spa Moments does not endorse, approve, verify, support, or warrant the accuracy, dependability, validity, or reliability of user posted content, third-party content or sites accessible on or through the Site, our educational materials or content, or any products or services sold on or through the Site.  All such content, material, information, or products are provided “AS IS” with no warranties express or implied, and is NO SUBSTITUTE for your knowledge, experience, education, due diligence, research, and personal judgment.  The Site and any health-related information, resources, or products are not intended and must not be taken as the rendering of medical, nursing, or professional healthcare advice or services, or the practice of medicine, nursing, or professional healthcare in any jurisdiction. You should discuss the information provided and any products purchased with a physician, pharmacist, nurse, or other licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on this Site. You understand and agree that neither Spa Moments, nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this Site or the information or resources contained on or accessible through this Site.

Third-Party Sites

This Site may include links to other Internet sites owned or maintained by third parties ("Third-Party Sites"). We provide links to these Third-Party Sites as a convenience to you, and the existence of any links to any Third-Party Sites does not in any way imply our control, endorsement, or warranty of or assumption of liability for such Third-Party Sites.  Your access to these Third-Party Sites at your own risk.

Disclaimer of Liability; Indemnification

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. WE DISCLAIM  ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE. WE DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER SPA MOMENTS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR SERVICE PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.   WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPA MOMENTS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE  ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.

Choice of Law

This Agreement shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia. Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the State of Virginia in each case located in the city of Abingdon and County of Washington, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.