Terms of Service
1. ACCEPTANCE OF TERMS
Spas2b Inc. provides web services to you, subject to the following Terms of Service ("TOS"). We may update the TOS without notice to you. You can review the most current version of the TOS at any time at: http://www.spas2b.com/tos.php.In addition, when using particular Spas2b Inc. services, you and Spas2b Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. This TOS governs your use of Spas2b Inc.'s online services only, which are offered through http://www.spas2b.com/.
2. DESCRIPTION OF SERVICE
Spas2b Inc. provides education and consulting services in the opening, development, management and operations of spas and spa related businesses, and provides information on these services and related products through our web site. We may also, at our discretion, offer other related services to enhance your experience at our site (the "Service"). You also understand and agree that the Service may include advertisements of Spas2b Inc.'s products or services or the products or services of other companies. You also understand and agree that the Service may include certain communications from Spas2b Inc., such as service announcements or changes, administrative messages and our newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Spas2b Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the Service.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself ("Registration Data") as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spas2b Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spas2b Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
To access some parts of the Service, you will select a username and a password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Spas2b Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Spas2b Inc.cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. VISITOR AND MEMBER CONDUCT
You agree to not use the Service, the site, or the servers it is hosted on to:
a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
b) intentionally or unintentionally violate any applicable local, provincial or state, national or international law;
c) collect or store personal data about other users.
You acknowledge and agree that Spas2b Inc. may preserve emails, submitted comments, or other forms of communication, and may disclose such communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Spas2b Inc., its users and the public.
You understand that the technical processing and transmission of the Service, including your communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Spas2b Inc. does not claim ownership of content you submit or make available for inclusion on the web site. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the web site, you grant Spas2b Inc. the world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content.
"Publicly accessible" areas of the web site are those areas that are intended to be available to the general public.
You agree to indemnify and hold Spas2b Inc. , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the web site, your use of the Service and web site, your connection to the Service and web site, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, frame or exploit for any purposes, any portion of the Service or web site, use of the Service or web site, or access to the Service or web site.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Spas2b Inc. may establish general practices and limits concerning use of the Service, including without limitation the display of submitted comments, the number of days that order histories are retained by the Service, and the length of time that a shopping cart will hold items before expiring. You agree that Spas2b Inc. has no responsibility or liability for the deletion or failure to store any comments, order histories, shopping cart contents and other account profile information. You acknowledge that Spas2b Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Spas2b Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Spas2b Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Spas2b Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Spas2b Inc., in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any information associated with your use of the Service. Spas2b Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
The web site provides links to other World Wide Web sites and resources. Because Spas2b Inc. has no control over such sites and resources, you acknowledge and agree that Spas2b Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Spas2b Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Spas2b Inc.'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and web site and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Spas2b Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or the web site, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by Spas2b Inc. for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Spas2b Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Spas2b Inc. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Spas2b Inc. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Spas2b Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Spas2b Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Spas2b Inc. respects the intellectual property of others, and we ask our users to do the same.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Spas2b Inc. and govern your use of the web site and services offered on the web site. The TOS and the relationship between you and Spas2b Inc. shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Spas2b Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Waterloo, Ontario. The failure of Spas2b Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org.