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Welcome to the
LATHER Spa website (the "Site"). LATHER provides the
content and services available on the Site to you subject to
the following terms and conditions ("Terms and Conditions").
By accessing or using the Site, you are acknowledging that you
have read, understand, and agree, without limitation or qualification,
to be bound by these Terms and Conditions which include our
Privacy Policy. These Terms and Conditions were last updated
on June 22, 2006. 1. Privacy
Please review our Privacy Policy, which also governs your visit
to the Site, so that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You
may not sell or resell any of the products or services, or samples
thereof, you purchase or otherwise receive from us. We reserve
the right, with or without notice, to cancel or reduce the quantity
of any orders that we believe, in our sole discretion, may result
in the violation of our Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our
products on the Site; however, to the extent permitted by
applicable law, we do not warrant that the product descriptions,
colors or other content available on the Site are accurate,
complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Site, including but not limited
to text, graphics, logos, button icons, images, audio clips,
data compilations and software, and the compilation thereof
(collectively, the "Content") is the property of
LATHER, our affiliates, partners or licensors, and is protected
by United States and international copyright laws. The trademarks,
logos, and service marks displayed on the Site (collectively,
the "Trademarks") are the registered and unregistered
marks of LATHER, our affiliates, partners or licensors, in
the United States and other countries, and are protected by
United States and international trademark laws. Except as
set forth in the limited licenses in Section 5 below, or as
required under applicable law, neither the Content or Trademarks
nor any portion of the Site may be used, reproduced, duplicated,
copied, sold, resold, accessed, modified, or otherwise exploited,
in whole or in part, for any purpose without our prior written
consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license
to access and make personal use of the Site. This limited
license does not include the right to: (i) frame or utilize
framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching
or as necessary to view the Site); (iii) make any use of the
Site or Content other than personal use; (iv) create any derivative
work based upon either the Site or Content; (v) collect account
information for the benefit of yourself or another party;
(vi) use any meta tags or any other "hidden text"
utilizing our name or the Trademarks or to otherwise use the
Trademarks; or (vi) use software robots, spiders, crawlers,
or similar data gathering and extraction tools, or take any
other action that may impose an unreasonable burden or load
on our infrastructure. We also grant you a limited, revocable,
and nonexclusive license to create a hyperlink to the home
page of the Site for personal, non-commercial use only. A
website that links to the Site (i) may link to, but not replicate,
our Content; (ii) may not imply that we are endorsing such
website or its services or products; (iii) may not misrepresent
its relationship with us; (iv) may not contain content that
could be construed as distasteful, obscene, offensive or controversial,
and may contain only content that is lawful and appropriate
for all ages; (v) may not portray us or our products or services,
in a false, misleading, derogatory, or otherwise offensive
or objectionable manner, or associate us with undesirable
products, services, or opinions; (vi) may not use any Trademark;
and (vii) may not link to any page of the Site other than
the home page. We may, in our sole discretion, request that
you remove any link to the Site, and upon receipt of such
request, you shall immediately remove such link. Any unauthorized
use by you of the Site terminates the limited licenses set
forth in this Section 5 without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these
Terms and Conditions and the special warnings or instructions
for access or use posted on the Site. You shall act always
in accordance with the law, custom and in good faith. You
may not make any change or alteration to the Site or any Content
or services that may appear on this Site and may not impair
in any way the integrity or operation of the Site. Without
limiting the generality of any other provision of these Terms
and Conditions, if you default negligently or willfully in
any of the obligations set forth in these Terms and Conditions
(including our Privacy Policy), you shall be liable for all
the losses and damages that this may cause to LATHER, our
affiliates, partners or licensors.
7. Your Account
You may choose to register at our Site. If you do, you will
have an email address/username and password for your account.
You are responsible for maintaining the confidentiality of
your account, username and password and for restricting access
to your computer. You agree to accept responsibility for all
activities that occur under your account, username and/or
password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts
without prior notice if you violate these Terms and Conditions
or if we decide, in our sole discretion, that it would be
in LATHER’s best interests to do so.
8. Third Party Links
We are not responsible for the content of any off-website
pages or any other websites linked to or from the Site. Links
appearing on the Site are for convenience only and are not
an endorsement by LATHER, our affiliates or our partners of
the referenced content, product, service, or supplier. Your
linking to or from any off-website pages or other websites
is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-website
pages or any other websites linked to or from the Site, nor
do we assume any responsibility or liability for the actions,
content, products, or services of such pages and websites,
including, without limitation, their privacy policies and
terms and conditions. You should carefully review the terms
and conditions and privacy policies of all off-website pages
and other websites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions
and ideas, any inquiries, feedback, suggestions, ideas or
other information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject
to the terms of our Privacy Policy, by transmitting or posting
any Submission, you hereby grant us a nonexclusive, royalty-free,
perpetual, transferable, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute and display
any Submission in any form, media, or technology, whether
now known or hereafter developed, alone or as part of other
works. You also acknowledge that your Submission may not be
returned and we may use your Submission, and any ideas, concepts
or know how contained therein, for any purpose including,
without limitation, developing, manufacturing, distributing
and marketing products. If you make a Submission, you represent
and warrant that you own or otherwise control the rights to
your Submission. You further represent and warrant that such
Submission does not constitute or contain software viruses,
commercial solicitation, chain letters, mass mailings, or
any form of "spam." You may not use a false email
address, impersonate any person or entity, or otherwise mislead
us as to the origin of any Submission. You agree to indemnify
us for all claims arising from or in connection with any claims
to any rights in any Submission.
10. Representations and Warranties;
Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT,
TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF
ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE
OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM
FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH
YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN
CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE
SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY
EXCEED ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any
loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand resulting
from your use of the Site. You also agree to indemnify us
for any loss, damages, or costs, including reasonable attorneys'
fees, resulting from your use of software robots, spiders,
crawlers, or similar data gathering and extraction tools,
or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights
and obligations and all actions contemplated by these Terms
and Conditions shall be governed by the laws of California,
as if the Terms and Conditions were a contract wholly entered
into and wholly performed within California. Any dispute relating
in any way to your visit to the Site shall be submitted to
confidential arbitration in California, except that, to the
extent you have in any manner violated or threatened to violate
our intellectual property rights or the intellectual property
rights of our affiliates, partners or licensors, we may seek
injunctive or other appropriate relief in any court and you
consent to exclusive jurisdiction and venue in any such court.
Arbitration under this agreement shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions,
which include our Privacy Policy, constitute the complete
and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements,
or other communications. We reserve the right, in our sole
discretion, to change these Terms and Conditions at any time
by posting the changes on the Site. Any changes are effective
immediately upon posting to the Site. Your continued use of
the Site constitutes your agreement to all such terms and
conditions. We may, with or without prior notice, terminate
any of the rights granted by these Terms and Conditions. You
shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed
as creating any agency, partnership, or other form of joint
enterprise between us. Our failure to require your performance
of any provision hereof shall not affect our full right to
require such performance at any time thereafter, nor shall
our waiver of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event
that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so
held by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms
and Conditions unenforceable or invalid as a whole. We will
amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our
original objectives and intent as reflected in the original
provision. If you have any questions regarding these Terms
and Conditions, please contact us using the contact form located
on this Site. |