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Innovative Spa Productions
Terms of Use Agreement


Please read this Terms of Use Agreement before accessing website.

Effective Date: November 15, 2008

IMPORTANT! PLEASE READ THESETERMS OF USE CAREFULLY BEFORE USING ANY OF THE ISP WEB SITES.  BY ACCESSING ANY ISP WEBSITE OROTHERWISE DOWNLOADING ANY CONTENT FROM A ISP WEBSITE, YOU ARE AGREEING TO THESETERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOTUSE ANY OF THE ISP WEB SITES.

Acceptance of Terms.

Stated below are the Terms of Use(the “Terms of Use” or the “Terms”) of Innovative Spa Productions d/b/awww.getspainfo.com (“ISP,” “we,” “our” or “us”).  These Terms of Use apply to all web sites owned or operatedby ISP, its affiliates and/or subsidiaries, including, without limitation, theweb site www.getspainfo.com (the "ISPWeb Sites" or “Web Sites”).  

Please take a moment to reviewthese Terms of Use.  Your accessand use of any ISP Web Site is conditioned upon your acceptance of the termsstated herein.  If you do not agreewith one or more of the terms stated herein, then refrain from using any of theISP Web Sites.   Unlessotherwise agreed to in writing by ISP, your agreement with ISP as a user of theISP Web Sites will always include, at a minimum, the terms and conditions setout in this document.

From time to time, these Termsmay change.  You are responsiblefor periodically reviewing the latest Terms of Use to remain knowledgeable ofthe terms that govern your access to ISP Web Sites.  We also encourage you to review our Privacy Policy, postedat www.getspainfo.com/privacy,which governs our collection and disclosure of information.

Proprietary Rights.

ISP Owns all Web Site Content. By accessing any ISP Web Site, you acknowledge andagree that ISP owns all legal right, title and interest in and to the ISP WebSites and all content contained therein, including any intellectual propertyrights which subsist in the Web Sites (whether those rights happen to beregistered or not, and wherever in the world those rights may exist).  You further acknowledge that the ISPWeb Sites may contain information which is designated confidential by ISP andthat you shall not disclose such information without ISP prior written consent.

Prohibition Against AnyUnauthorized Use of ISP Content. Unlessotherwise agreed to by ISP in writing, nothing in the Terms gives you a rightto use any of ISP trade names, trademarks, service marks, logos, trade dress,domain names, or other distinctive brand features (collectively, “BrandFeatures”). If you have been given an explicit right to use any of these BrandFeatures in a separate written agreement with ISP, then you agree that your useof such features shall be in compliance with that agreement and restricted inscope by the terms of that agreement. Further, by accessing the ISP Web Sites, you agree that you shall notremove, obscure, or alter any proprietary rights notices (including copyrightand trade mark notices) which may be affixed to or contained within the ISP WebSites.

Prohibition Against AnyUnauthorized Use of Third Party Content. UnlessISP expressly authorizes you to do so in writing, you agree that in using the ISPWeb Sites and the services appurtenant thereto, you will not use any trademark, service mark, trade name, trade dress, or logo of any company ororganization in a way that is likely or intended to cause confusion about theowner or authorized user of such marks, names, dress or logos. 

Prohibition Against Use of Botnets and Related Activities.  ISPretains the right, at our sole discretion, to terminate any accounts involvedwith botnets and related activities. If any hostnames are used as command andcontrol points for botnets, ISP reserves the right to direct the involvedhostnames to a honeypot, loopback address, logging facility, or any otherdestination at our discretion.

 

User Waives Rights to User Created Content.  You acknowledge and agree that any original content that you submit,post, transmit, or display on, or through, the ISP Web Sites, becomes theproperty of ISP, granting ISP the exclusive right, title and/or interest tosuch content, including any intellectual property rights which subsist in thatcontent (whether those rights happen to be registered or not, and wherever inthe world those rights may exist). By submitting such content to the ISP Web Sites, you are waiving any andall intellectual property rights and/or moral rights that you may haveotherwise had in and to such content. Notwithstanding the foregoing,   ISP is under no obligation to safeguard, protect orotherwise enforce any intellectual property rights that you have or claim tohave in any content that you submit, post, transmit, or display on, or through,the ISP Web Sites.

 

Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enactedthrough the Digital Millennium Copyright Act, ISP designates the followingindividual as its agent for receipt of notifications of claimed copyrightinfringement.

 

By Mail:

Christi Cano

10120 S. Eastern Avenue

Suite 200

Henderson, NV 89052

USA

 

By Telephone: 702-492-1200

By Email: Christi@getspainfo.com

 

Privacy Policy.

For the terms and conditionsgoverning our collection and use of personal and general information, pleaserefer to our privacy policy, posted at www.getspainfo.com/privacy. Thispolicy explains how we compile and use information about you and other visitorsto the ISP Web Sites.  By accessingany ISP Web Site, you are agreeing to the terms stated within our PrivacyPolicy.

User Conduct.

Submitting PersonalInformation to ISP.  In order to access certain serviceson the ISP Web Sites, you may be required to provide information about yourself(such as identification or contact details) as part of the registration processfor the service, or as part of your continued use of ISP on-line services. Byproviding such information, you agree that any information you give to ISP willalways be accurate, correct and up to date.  Further, you acknowledge and agree to the terms andconditions stated in our Privacy Policy, as posted at www.getspainfo.com/privacy.

Lawfully Using the ISP Web Sites. By accessing or otherwise downloading content fromany ISP Web Site, you agree to use the ISP Web Site only for purposes that arepermitted by the Terms stated herein and any applicable law or regulation inthe relevant jurisdiction(s) (including any laws regarding the export of dataor software to and from the United States or other relevant countries).

Access Through ApprovedInterfaces Only. You agree not to access(or attempt to access) any content or code contained on any ISP Web Site by anymeans other than the interface that is provided by ISP. You specifically agreenot to access (or attempt to access) any of the ISP Web Sites through anyautomated means (including use of scripts or web crawlers) and shall ensurethat you comply with the instructions set out in any robots.txt file(s) presenton the ISP Web Sites.  Further, youagree that you will not engage in any activity that interferes with or disruptsthe ISP Websites (or the servers and networks which are connected to the WebSites).

Prohibition Against AnyReproduction of ISP Content.  By accessing or otherwise downloadingcontent from ISP Web Sites, you agree that you will not reproduce, duplicate,copy, sell, trade or resell ISP Web Sites or any part thereof for any purpose.

Responsibility for Breach. By accessing or otherwise downloading content fromISP Web Sites, you agree that you are solely responsible for (and that ISP hasno responsibility to you or to any third party for) any breach of yourobligations under the Terms and for the consequences (including any loss ordamage which ISP may suffer) of any such breach thereof.

Age Restrictions. If you are a person younger than 14 years of age,you are prohibited from: (1) submitting personal information to the ISP WebSites; (2) purchasing goods or services from ISP; (3) establishing any accountwith ISP; or (4) accessing or attempting to access any password-restrictedinformation contained on the ISP Web Sites.  If you are a parent and wish to block the ISP Web Site, wesuggest that you contact one of the following Internet filtering companies:

·       NetNanny

·       InternetContent Rating Association

·       CyberPatrol

·       Websense

·       Cybersitter

Passwords/ AccountSecurity

Privacy of Passwords. In the event that you establish any passwordprotected user account with ISP, you acknowledge, understand  and agree that you are responsible formaintaining the confidentiality of any and all passwords associated with anysuch user account. 

Responsibility for All AccountActivities.  In recognizing that you are solely responsible for theconfidentiality of any passwords associated with your account, you agree thatyou will be solely responsible to ISP for any and all activities that occurunder or in the name of your account.

Notification of UnauthorizedAccess. If you become aware of anyunauthorized use of your password or of your account, you agree to notify ISPimmediately at info@getspainfo.com.

Links to Third Party WebSites.

The ISP Web Sites maycontain links to third-party web sites as an accommodation to you. The ISP Web Sitesmay also be accessed through links contained on third-party web sites. Thethird-party linked sites are not under the control of ISP. ISP does notendorse, adopt or undertake any responsibility for the content or privacypractices of any third-party site, including, but not limited to, informationprovided at third-party sites that may link the user to the Sites. If you haveaccessed the any of the ISP Web Sites through a third-party link, you are stillbound by the terms and conditions of these Terms of Use. In no event shall ISPbe responsible for any content or other materials on or available on anythird-party web sites.

Disclaimers ofWarranties.

YOU EXPRESSLY UNDERSTAND ANDAGREE THAT YOUR USE OF THE ISP WEB SITES IS AT YOUR SOLE RISK AND THAT THE WEBSITES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

FURTHER, ISP, ITS SUBSIDIARIESAND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

·       YOURUSE OF THE WEB SITES WILL MEET YOUR REQUIREMENTS,

·       YOURUSE OF THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

·       ANYINFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITES WILL BEACCURATE OR RELIABLE, AND

·       THATDEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU ASPART OF THE WEB SITES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OROTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF THE WEB SITES IS DONE AT YOUROWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGETO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THEDOWNLOADING, OBTAINMENT, OR ACCESSING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHERORAL OR WRITTEN, OBTAINED BY YOU FROM ISP OR THROUGH OR FROM THE ISP WEB SITESSHALL CREATE ANY WARRANTY NOT EXPRESSLY AND UNEQUIVOCALLY STATED IN THESE TERMSOF USE.

WhileISP makes every effort to ensure that the information on this website isaccurate, ISP makes no representations or warranties as to the accuracy orreliability of such information.  ISPdisclaims any all warranties or representations whatsoever with regard to anyproduct provided or offered by any Vendor, and you acknowledge that anyreliance on such representations and/or warranties shall be at your own risk.

ISP FURTHER EXPRESSLY DISCLAIMSALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS OF USE SHALLEXCLUDE OR LIMIT ISP WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLYEXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSSOR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS,OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICHARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITEDTO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability.

SUBJECT TO THE “DISCLAIMERS OFWARRANTIES” STATED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISP, ITSSUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

·       ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICHMAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THISSHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURREDDIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSSOF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHERINTANGIBLE LOSS;

·       ANYLOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSOR DAMAGE AS A RESULT OF:

o     ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP ORTRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARSON THE ISP WEB SITES;

o     ANY CHANGES WHICH ISP MAY MAKE TO THE WEB SITES, OR FORANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITES (OR ANYFEATURES WITHIN THE WEB SITES);

o     THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY ORTHROUGH YOUR USE OF THE WEB SITES;

o     YOUR FAILURE TO PROVIDE ISP WITH ACCURATE ACCOUNTINFORMATION;

o     YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILSSECURE AND CONFIDENTIAL;

THE LIMITATIONS ON ISP LIABILITYTO YOU AS STATED ABOVE SHALL APPLY WHETHER OR NOT ISP HAS BEEN ADVISED OF ORSHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification.

By accessing or otherwisedownloading content from the ISP Web Sites, you agree to indemnify, holdharmless and release ISP (and its employees, officers, directors, owners,agents, licensors and their respective successors and assigns), from andagainst any and all claims, damages, costs and expenses, including reasonableattorney's fees, arising from or related to your use or misuse of the ISP Web Sitesor any content or services contained therein or provided thereby, including,but not limited to, information from third-party web sites linked to the ISPWeb Sites.

Local Laws andInternational Export Controls.

The ISP Web Sites may provideservices and/or use software and technology that may be subject to UnitedStates export controls administered by the U.S. Department of Commerce, theUnited States Department of Treasury Office of Foreign Assets Control, andother U.S. agencies and the export control regulations of the European Union. Byaccessing or otherwise downloading content from the ISP Web Sites, youacknowledge and agree that the Web Sites shall not be used, and none of theunderlying information, software or technology may be transferred or otherwiseexported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudanor any other country to which the United States and/or the European Unionmaintains an embargo (collectively, the "Embargoed Countries"), or toor by a national or resident thereof, or any person or entity on the U.S.Department of Treasury's List of Specially Designated Nationals or the U.S.Department of Commerce's Table of Denial Orders (collectively, the"Designated Nationals"). The lists of Embargoed Countries andDesignated Nationals are subject to change without notice. By using the ISP WebSites, you represent and warrant that you are not located in, under the controlof, or a national or resident of an Embargoed Country or a Designated National.

 

By accessing any of the ISP WebSites, you assume all knowledge of applicable law and are responsible forcompliance with any such laws.  Youmay not use any of the ISP Web Sites in any way that violates applicable state,local, federal, or international laws, regulations or other governmentrequirements. You further agree not to transmit any material that encouragesconduct that could constitute a criminal offense, give rise to civil liabilityor otherwise violate any applicable local, state, national, or internationallaw or regulation.

Changes to the ISP WebSites.

ISP may change, suspend ordiscontinue any aspect of the ISP Web Sites at any time, including theavailability of any feature, database, or content. ISP may also impose limitson certain features and services or restrict your access to parts or theentirety of any ISP Web Site without notice or liability at any time in ISPsole and absolute discretion, without prejudice to any legal or equitableremedies available to ISP, for any reason or purpose, including, but notlimited to, conduct that ISP believes violates these Terms of Use or otherpolicies or guidelines posted on the ISP Web Sites or conduct which ISPbelieves is harmful to other customers, to ISP business, or to other informationproviders. In addition, these Terms may be immediately terminated at any timeby ISP in its sole and absolute discretion. In addition and without prejudiceto any other remedy available to ISP, ISP may immediately terminate these Termsif you breach any term and/or condition set forth by ISP.

Changes/Additions/Deletionsto These Terms.

We may make changes to our Termsof Use from time to time. When we make these changes, we will make a copy ofthe revised terms available at www.getspainfo.com/terms.  If you access the ISP Web Sites orotherwise use on-line services that access the ISP Web Sites, you are obligatedto follow the most current Terms of Use, and ISP will treat your use asacceptance of the updated Terms of Use.

Failure to Adhere toThese Terms.

ISP will determine yourcompliance with these Terms of Use in its sole and absolute discretion. Anyviolation of these Terms of Use may result in restrictions on your access toall or part of the Web Site and may be referred to law enforcement authorities.No waiver of any of these Terms of Use shall be of any force or effect unlessmade in writing and signed by a duly authorized officer of ISP. ISP reservesthe right to modify or discontinue any one or more of the ISP Web Sites, or anyportion thereof, without liability or notice to you or any third party. Upontermination of your access to the ISP Web Sites, or upon demand by ISP, youmust destroy all materials obtained from the ISP Web Sites and all relateddocumentation and all copies and installations thereof. If any provision ofthese Terms of Use is held to be unlawful, void or unenforceable by any courthaving competent jurisdiction, then such provision shall be severable withoutaffecting the enforceability of all remaining provisions, which will remain infull force and effect. The section titles in these Terms are for yourconvenience only and do not have any legal or contractual effect.

Location/GoverningLaw/Consent to Jurisdiction.

ISP operates the ISP Web Sites inthe United States. Information contained on the ISP Web Sites may not beappropriate or available for use in other locations, and access to the ISP WebSites from territories where the sites’ content may be illegal is prohibited. Ifyou access the ISP Web Site from other locations, you do so of your owninitiative and you are solely responsible for compliance with all applicablelocal laws. You may not use the ISP Web Sites or export the ISP Web Sitecontent in violation of U.S. export laws and regulations. These Terms of Useand your use of the ISP Web Site shall be construed, enforced, and governed inaccordance with the laws of the United States of America and the State ofNevada without regard to its conflicts of laws principles and will specificallynot be governed by the United Nations Convention on Contracts for theInternational Sale of Goods, if otherwise applicable. Any legal action orproceeding related to this web site shall be brought exclusively in a federalor state court of competent jurisdiction sitting in the State of Nevada withinninety (90) days after the occurrence of the facts giving rise to the cause ofaction; otherwise the cause shall be forever barred.

However, notwithstanding anyother provision of these Terms of Use, you agree that in the event of anydispute between the parties, the damages, if any, caused to you are notirreparable or sufficient to entitle you to enjoin or restrain the development,production, launch, advertising, exhibition or exploitation of the ISP WebSites or any ISP product or service.

THESE TERMS OF USE ARE INTENDEDTO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENTLIABILITY LIMITATION ACT AND THE DIGITAL MILLENIUM COPYRIGHT ACT.

© COPYRIGHT 2008 INNOVATIVE SPA PRODUCTIONS, ALLRIGHTS RESERVED