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Terms of Use

The Flourish Day Spa Terms of Use

 

  1. Applicability

 

These Terms of Use apply to all websites that are owned, operated, and maintained by or for The Flourish Day Spa, a Florida LLC (“FDS”), including www.theflourishdayspa.com (“Site”). 

 

  1. General Provisions

 

THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

 

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use this Site if you do not agree to be legally bound by these Terms.  Please read these Terms carefully.

 

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site. By entering the Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

 

  1. Jurisdiction and Governing Law

 

FDS makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site, you acknowledge and agree that the Site is intended for use only by citizens and residents of the United States of America residing within the United States of America and will only be governed according to the laws of the State of Georgia without regard to conflicts of laws principles. If you are not a member of the intended audience, you are prohibited from accessing the Site or providing any personal information to FDS through the Site.

 

  1. Disclaimer of Warranties

 

This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  Although FDS and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed.  WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE.  We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site.  To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

 

  1. FDS’s Intellectual Property

 

All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of FDS or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

 

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by FDS. Except as expressly authorized by FDS, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from FDS is prohibited.

 

  1. Digital Millennium Copyright Act Notice

 

If you believe that any material on this Site infringes your copyright rights, please contact FDS at:

The Flourish Day Spa

Attn: Admin

903 Egrets Landing Way

Groveland, FL 34736

Email address: info@theflourishdayspa.com

Phone number: 516-587-7830

 

In your notice, please include:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
  • Identification of the material that you claim to be infringing, and where the material is located on the Site;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
  • A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

 

  1. Limitation of Liability

 

By using this Site you agree that, to the fullest extent permitted under applicable law, FDS and none of the parties involved in creating, producing, or delivering this Site are liable to you for any direct, indirect, incidental, consequential, special, or punitive damages, or any other losses, costs, or expenses or any kind which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site. 

 

  1. Indemnity

 

You agree to defend, indemnify, and hold FDS, our affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms or use of the Site.

 

  1. Privacy & Security

 

Our Privacy Policy is incorporated into these Terms.  You acknowledge that the requesting URLs of the machine originating the request and the time of the request may be logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring.  FDS maintains exclusive control of access and right of access to this Site.  You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever. 

 

  1. Links

 

This Site may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply.  We provide links as a convenience and the inclusion of the link does not imply that FDS endorses or accepts any responsibility for the content on those sites. FDS is not responsible for content including but not limited to claims, representations, warranties, offers, illustrations, names or endorsements on any other sites to which this Site may be linked to or from which this Site may be accessed.  Further, FDS is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.  Your linking to any other off-site pages or other sites is at your own risk.  We recommend that you review any terms of use statement and privacy policy before using any other linked site.

 

Contact Information

The Flourish Day Spa

903 Egrets Landing Way

Groveland, FL 34736

Email address: info@theflourishdayspa.com

Phone number: 516-587-7830

 

 

 

LAST UPDATED:  October 17, 2019

 

Update Summary:

 

Date                                        Summary of Change

 

October 17, 2019                    Terms of Use Created