TERMS AND CONDITIONS FOR USE OF THIS SITE
By accessing, using, or viewing the Spa del Rey (the “Site”), operated by Trilogy Spa Wellness, LLC, or any of its services, functions or contents, You agree to each of the following terms, conditions and notices which govern Your of use of the Site and Your purchase of products and services on the Site.
USE OF THE SITE
The Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Trilogy Spa Ventures, LLC has been granted. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain prior express written consent from Trilogy Spa Ventures, LLC. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Spa del Rey or Trilogy Spa Ventures, LLC.
PRODUCTS & SERVICES
The products and services made available by Spa del Rey on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining prior written consent. Spa del Rey may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Spa del Rey and other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Spa del Rey and other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
You agree that all ideas, comments, suggestions or other information that You provide to Spa del Rey regarding the Site or products and services provided on the Site shall be the property of Spa del Rey, and may be used by Spa del Rey on a non-confidential and unrestricted basis, without compensation to You.
You agree that Spa del Rey has no obligation to, but may monitor and review information You transmit over the Site. You agree that Spa del Rey may censor, edit, remove or prohibit the transmission or receipt of any information that It deems inappropriate or in violation of these terms and conditions, and use any such information as necessary to provide the Site and to protect the rights of Spa del Rey. You agree that Spa del Rey may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
This Site includes links to other web sites. Spa del Rey provides such links solely as a convenience to You and for informational purposes only. Spa del Rey has not reviewed all of the information on these other web sites and the inclusion of these links in no way indicates Spa del Rey’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Spa del Rey nor its affiliates shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials presented therein. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
The Site may contain technical inaccuracies or typographical errors or omissions. Spa del Rey is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Spa del Rey reserves the right to make changes, corrections and/or improvements to the Site, and to the products and services described in such information, at any time without notice.
Spa del Rey is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Spa del Rey is not responsible for incorrect or inaccurate entry information, whether caused by You or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. GUERLAIN SPAS AND TRILOGY SPA WELLNESS, LLC HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL GUERLAIN SPAS, TRILOGY SPA WELLNESS, LLC, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY SPA DEL REY AND/OR TRILOGY SPA WELLNESS, LLC OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE.
You agree to indemnify and hold SPA DEL REY AND TRILOGY SPA WELLNESS, LCC and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of these terms and conditions or Your violation of any law or the rights of a third party. SPA DEL REY AND TRILOGY SPA WELLNESS, LLC failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
CHOICE OF LAW
Any disputes arising out of or related to the Site or these terms and conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Arizona.
MODIFICATION OF TERMS
Spa del Rey may at any time amend, modify or supplement any terms and conditions applicable to the Site, and Your continued use of the Site will constitute Your acceptance of any such amendment, modification, or supplementation.