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Terms & Conditions
Welcome to Body & Mind Day Spa website. Body & Mind Day Spa provides the
content and services available on the Site to you subject to
the following 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.
1. 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.
2. 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.
3. 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 3 without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
4. 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, you shall be liable for all
the losses and damages that this may cause to Body & Mind, our
affiliates, partners or licensors.
5. 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 Body & Mind’s best interests to do so.
6. 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 Body & Mind Day Spa, 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.
7. Order Acceptance Policy
Your
receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any time
after receipt of your order to accept or decline your order for any
reason. We reserve the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you
ordered of any item. We may require additional verifications or
information before accepting any order.
8. Jurisdiction and Venue:
You agree that any legal action brought against bodyandmindspa.com shall be governed by the laws of the State of
New York
without regard to its conflict of law principles. You agree that the
sole jurisdiction and venue for any litigation arising from your use of
or orders made on our sites shall be an appropriate federal or state
court.
9. Indemnification
You
agree to defend, indemnify and hold bodyandmindspa.com harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site.
10. Payment Methods
We
accept most major credit cards including, Visa, MasterCard and Discover. There is no surcharge for using your credit card to make
purchases with us. Please be sure to provide your exact billing address
and telephone number-the address and phone number your credit card bank
has on file for you. Incorrect information may cause a delay in
processing your order. Your credit card will be billed upon shipment of
your order.
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