Welcome to the Spa Sensations® Mattress, Memory Foam Mattress website (the “Site”) provided by Spa Sensations (“We”, “Us” and “Our”).
Please read these Terms and Conditions (“Terms”) carefully before using this Site. Your access to and use of this Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use this Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Site.
Intellectual Property Rights
The Site and its original content, features and functionality are owned by Spa Sensations and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Spa Sensations®, Spa Sensations, and our logos are trademarks of Spa Sensations. All other trademarks, service marks, trade names and logos used on the Site are the trademarks, service marks, trade names and logos of their respective owners.
You may not use our trademarks, service marks or trade names in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Spa Sensations’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Spa Sensations’s website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Spa Sensations at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Spa Sensations’s website are provided on an ‘as is’ basis. Spa Sensations makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Spa Sensations does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Spa Sensations or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Spa Sensations’s website, even if Spa Sensations or a Spa Sensations authorized representative has been notified orally or in writing of the possibility of such damage.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on Spa Sensations’s website could include technical, typographical, or photographic errors. Spa Sensations does not warrant that any of the materials on its website are accurate, complete or current. Spa Sensations may make changes to the materials contained on its website at any time without notice. However, Spa Sensations does not make any commitment to update the materials.
Links
Spa Sensations has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Spa Sensations of the site. Use of any such linked website is at your own risk.
Modifications
Spa Sensations may revise these Terms at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of USA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Privacy Policy
Please review our Privacy Policy which establishes the use and processing of your personal information.
Restricted Activities
The following activities are strictly prohibited in connection with the Site:
- Any fraudulent, unlawful, or abusive action including using services in a manner inconsistent with their intended purpose; falsifying self or permissions; misrepresentation of experience; scraping content.
- Intentionally distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; circumventing security measures, compromising security or integrity of any host, network or account.
- Posting, uploading, or otherwise making available, material that is illegal, inappropriate, profane, pornographic, contains viruses, or violates the legal rights (including the rights of privacy and publicity) of others.
- Accessing any password protected, secure or non-public areas of the Site or Spa Sensations’s and/or its Affiliate’s computer systems without authorization.
- Interfering with or disrupting networks connected to the Site; violating the regulations, policies or procedures of such networks.
- Attempting to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means.
- Harassing or interfering with any other user’s use of the Site.
- Using the Site or any material or content for any illegal purpose or in violation of any applicable law.
- Reproducing, performing, displaying, distributing, creating derivative works from, modifying, publishing, editing, adapting, recording, posting, transmitting or using any content or material from the Site without explicit prior written consent from Spa Sensations.
We reserve the right to prohibit any conduct, or terminate your access, that it deems inappropriate or unlawful.
Indemnification
You agree to defend, indemnify and hold harmless Spa Sensations, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
No Professional Advice Provided
All information available on the Site is for informational purposes only and should not be construed as professional advice. You should not rely on any information available on the Site to replace consultations with qualified professionals for your specific needs and situation.
We do not provide professional advice of any kind and information received via the Site should not be relied upon when making legal, medical, financial or other professional decisions.
No Fiduciary Relationship
Your use of the Site does not create a fiduciary relationship between you and Spa Sensations. You are solely responsible for your own assessments and decisions regarding any information you obtain via the Site.
Limitation on Liability
In no event will Spa Sensations, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site. This includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Termination
We may terminate your access to all or part of the Site at any time, with or without cause, with or without notice. Any such termination will not affect any right and obligation you may have accrued through your use of the Site prior to termination.
Changes to the Terms
We may revise and update these Terms from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Entire Agreement
The Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of the Terms is held to be invalid or unenforceable, the remaining provisions of the Terms will remain in full force and effect.
Your access and use of the Site is subject exclusively to these Terms and Conditions. By accessing or using the Site, you agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree with or accept any provision of these Terms and Conditions, you should cease all access to and use of the Site.
Please contact us with any questions regarding these Terms and Conditions.
