Terms and Conditions
Please read the following terms and conditions of use carefully before using this Web site. By using this Web site, you agree to these terms and conditions of use, and you assume total responsibility and risk for your use of the Web site and any services contained therein. If you do not agree to these terms and conditions of use, please do not use this Web site. If you have any questions or comments concerning these terms and conditions, contact American Spa, 23 Park Avenue, Petaluma, CA 94952
By checking the "Terms Agreement" box on the registration form, you agree that you, the user, are 13 years of age or over. You are fully responsible for any information or file supplied by this user. You also agree that you will not post any copyrighted material that is not owned by yourself or the owners of these forums. In your use of these forums, you agree that you will not post any information which is vulgar, harassing, hateful, threatening, invading of others privacy, sexually oriented, or violates any laws.
Restrictions on Use
The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, American Spa disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. American Spa does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. American Spa does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not American Spa) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You may use this Web site (the "Site") for lawful purposes only. Any use of the Site for the transmission or storage of any information, data, content or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright, trademark, trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Without limiting the generality of the foregoing, you may not use the Site to send or otherwise distribute unsolicited e-mail or advertising, or for posting or transmitting any infringing, illegal, sexually explicit, hateful, vulgar, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to American Spa, or which might adversely affect American Spa's or its affiliates' public image, reputation or goodwill.
Use Of Materials
This site is owned and operated by American Spa. No material from any American Spa Web site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of American Spa, except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of American Spa's copyright and other proprietary rights and may be subject to civil and/or criminal penalties.
American Spa Content
Proprietary Rights. You acknowledge and agree that all right, title and interest in and to the information, data, software, photographs, graphics, videos, music and other material (collectively, the "Content") contained in the Site, including, without limitation, any copyrights in or to the Content, belong to American Spa and its content providers, and you agree not to assert any claims to the contrary. You acknowledge that Content on the Site may change at any time, without any obligation on the part of American Spa to notify you of such changes.
Restrictions. You may not (i) edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included in the Site or the Content; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form. Subject to the foregoing and any additional restrictions that may be contained in the Site or imposed by applicable law (including, without limitation, applicable copyright laws), you may make copies of select portions of the Content, provided that the copies are made for your internal use only.
User Content. You acknowledge and agree that the Site may contain Content that is provided by third parties, including, without limitation, other users of the Site. You understand that, except for information, products or services clearly identified as being supplied by American Spa, American Spa does not operate, control or endorse any information, products or services on this Web site in any way. Except for American Spa-identified information, products or services, all information, products and services offered on the Web site generally are offered by third parties that are not affiliated with American Spa. American Spa is a distributor and not a publisher with respect to the Content provided by third parties, and does not undertake to, and is not responsible for, reviewing or editing any third party Content. Any opinions, advice, statements, services, offers or other information contained in third party Content are those of their respective authors and not of American Spa or any of its affiliates. The information included in this Web site could include technical or other inaccuracies or typographical errors. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. In addition, American Spa reserves the right to delete from the Site any Content that you provide or post on the Site.
Copyright Infringement. If you believe that any Content contained in the Site infringes upon any copyrights that you own, you may notify American Spa pursuant to the Digital Millennium Copyright Act at the following address:
23 Park Avenue
Petaluma, CA 94952
The Site may contain links that allow access to third party Web sites. These linked sites are not under the control of American Spa, and American Spa is not responsible for the contents of any linked site. American Spa does not undertake to, and is not responsible for, reviewing other Web sites to which the Site may be linked, provides links only as a convenience, and such inclusion of any link does not imply endorsement by American Spa of the site. Access to any other Web sites linked to the Site is at your own discretion and risk.
Disclaimer of Warranty
The Site and the content contained in or provided through the Site are provided "as is", "as available", and without any representations or warranties, express, implied or statutory, including, without limitation, any implied warranty of merchantability, non-infringement or fitness for a particular purpose, and American Spa hereby disclaims the same. Without limiting the generality of the foregoing, American Spa does not warrant that the Site will operate uninterrupted or error-free, nor does American Spa make any warranty as to the accuracy or reliability of any media or other content stored in or provided through the Site, further assumes NO responsibility for errors or omissions in the Site or any other web site which may be referenced or linked to the Site. References to tradeshows, corporations, their services or products are provided "as is" without warranties of any kind, either express or implied. No oral or written information or advice given by American Spa, its agents or employees will create a warranty and you may not rely on any such information or advice. any use of the Site is at your own risk.
American Spa Forums"Public Forum" means a chat area, bulletin board, or e-mail function offered as part of any American Spa Web site. You shall not upload to, distribute through, or otherwise publish through any American Spa Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of American Spa and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by American Spa. American Spa reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion. American Spa is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. American Spa reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.
In order to use these forums, users are required to provide a username, password and e-mail address. Neither the Administrators of these forums, or the Moderators participating, are responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information. Any user who finds material posted by another user objectionable is encouraged to contact us via e-mail. We are authorized by you to remove or modify any data submitted by you to these forums for any reason we feel constitutes a violation of our policies, whether stated, implied or not.
Some behaviour is unacceptable in the forum, and we will insist on the following rules being observed at all times.
- Bad language - it isn't necessary to use bad language to make a point. Although modern usage has seen many previously unacceptable terms become a part of everyday conversation, there are certain words which are universally acknowledged as being inappropriate in normal conversation. We will exercise our right to remove any posts that (in our opinion) contain such language, and the forum editor's decision will be final.
- 'Adult' content - references or links of an adult nature will not be tolerated - posts or threads that contain links to 'adult' sites, text, or images will be deleted without warning.
- Chat threads - There are thousands of chat-related sites on the internet, but ours is not one of them. We exist to provide help and advice to people who have spa business-related questions, and we will not permit threads to wander off-topic into general chat.
- Racist or sexist comment - we will not tolerate racist or sexist comments in any form.
- Libellous or defamatory comment - please do not exhort others to boycott a company that provided you with bad service or products. Do not make statements that you cannot substantiate, or state as fact, something which is in reality your opinion. "Spa Equipment Ltd took my money and ran" may well be your opinion, but an action for libel by the company would almost certainly succeed, and American Spa may be jointly liable as the publishers of your comment. We aren't prepared to take such risks, and will delete any comment that is, in our opinion, potentially libellous or defamatory. The editor's decision is final in such cases.
By communication in any Public Forum, you hereby represent that you have all necessary rights in the materials, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading materials to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. American Spa DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
Limitation of Liability
THE SITE IS PROVIDED FOR YOUR CONVENIENCE. American Spa WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION, FILES OR SOFTWARE OF ANY KIND OBTAINED THROUGH THE Site, WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, LOSS OF USE, DATA OR PROFITS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT American Spa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF INFORMATION INCLUDED IN THE Site. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE Site FOR THE RECONSTRUCTION OF LOST DATA.
"American Spa" and all other trademarks, service marks, trade names and logos of American Spa appearing on the Site are the property of American Spa or the other respective owners. All other trademarks, trade names, service marks, logos, product names, and company names appearing on the Site are the property of their respective owners. All uses of such marks shall inure to the benefit of American Spa, and the use of any such marks in conjunction with any other logos or marks shall not create a unitary or composite mark.
Choice of Law
Except as may be prohibited by applicable law, these Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. WITH RESPECT TO ANY SUIT OR LEGAL ACTION ARISING OUT OF THESE TERMS AND CONDITIONS; YOU CONSENT, SUBMIT TO AND AGREE THAT VENUE FOR SUCH SUIT OR LEGAL ACTION IS PROPER IN SAID COURTS; AND YOU WAIVE ANY AND JURISDICTIONAL DEFENSES YOU MAY HAVE TO THE INSTITUTION OF ANY SUCH SUIT OR LEGAL ACTION IN SAID COURTS.