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The following rules and regulations apply to all visitors to or users of the Willow Spa Web Site, the home page of which is at
www.willowspa.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be
updated from time to time without notice to you. By using this site, you acknowledge your assent to these terms and conditions.
If you do not agree with any part of the following terms and conditions, you must not use this site.
By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Willow Spa at any time
and posted on this Web site. In the event of a violation of these rules and regulations, Willow Spa reserves the right to seek
all remedies available by law and in equity.
1. Limited License
Willow Spa Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork,
photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international
laws and treaties. All Materials are provided by Willow Spa as a service to its current and prospective customers and may be
used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary
notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not
a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce,
publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit
this site or any of its Materials without our prior written permission; (b) you may not access or use the Willow Spa Web Site for
any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying,
alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Willow Spa may revoke
this limited license at any time for any or no reason.
2. Trademarks
Willow Spa and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress.
These marks, names or trade dress, and all associated logos or images (photo), are registered and/or common law trademarks of Willow
Spa, LLC., and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress
is granted to you under these terms and conditions or by your use of the Willow Spa Web Site. Your misuse of the trademarks displayed
on the Willow Spa Web Site is strictly prohibited. You are also advised that Willow Spa will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
3. Linking
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties
(the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide
links to the Willow Spa Web Site. None of such links should be deemed to imply that Willow Spa endorses the Third Party Sites or any
content therein.
Willow Spa does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other
materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Willow Spa will have no
liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by
or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third
Party Site.
Willow Spa has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use
of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags,
and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Willow Spa web page
is prohibited absent express written permission from Willow Spa. Framing, inline linking or other association of the Willow Spa Web site
or its Materials with links, advertisements and/or other information not originating from the Willow Spa Web site is expressly prohibited.
4. Use of Site
You are free to use our site for information purposes as set forth above. You may only use our site for perusal and to legitimately
purchase products or reservations if you are of sufficient legal age and can enter into binding contracts. You may not use our site:
to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand; to purchase any product you
can not or do not intend to pay for; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or would otherwise violate any law; to transmit any virus, bug or other harmful item;
in any manner that infringes the rights of others or violates their privacy or publicity rights; in violation of any copyright, trademark
or other proprietary right, unless with the express written permission of the owner of such right; in any manner that is designed to
interfere with the proper working of this site or any activity being conducted on this site; in any manner that imposes an unreasonable
or disproportionately large load on this site's infrastructure; in connection with the use of any engine, software, tool, agent or
other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search
our site other than the search engine and search agents available from Willow Spa and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer). You may not attempt to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of this site. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
5. Age and Responsibility
You are responsible for maintaining the confidentiality of your account information, your password and your login information. You agree
to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal
age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You
understand that you are financially responsible for all uses of this site by you and those using your login information.
6. Disclaimer of warranty
WILLOW SPA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND
AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN
"AS IS" BASIS. WILLOW SPA DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. WILLOW
SPA AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF
THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER WILLOW SPA NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT
THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM WILLOW SPA OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
7. Jurisdiction:
Willow Spa controls this Web Site from its offices within the State of California. Willow Spa does not imply that the materials published
on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you
do so, on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the
laws of the state of California, without giving effect to its conflict of laws provisions.
Your Communications and review of transmission:
Willow Spa may, from time to time monitor and review any information transmitted or received through this site and reserves the right to
censor, edit, remove or prohibit the transmission or receipt of any information that Willow Spa deems inappropriate or in violation of
these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes
your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other
information on this site, you grant Willow Spa and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and
fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display
such content in any form, media or technology. Willow Spa takes no responsibility and assumes no liability for any content posted or
submitted by you.
8. Limitation of Liability
IN NO EVENT WILL WILLOW SPA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR
USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS
INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WILLOW SPA IS EXPRESSLY ADVISED
ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing
limitations on liability may not apply to you.
9. Revisions
Willow Spa may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site,
at any time and without notice. Willow Spa also reserves the right, at its sole discretion, to change, modify, add or remove any portion of
these terms in whole or in part, at any time and without notice. Willow Spa may terminate the authorization, rights and license given above
at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance
of those changes.
10. Privacy
You have read the Willow Spa Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.
You consent to the use of your personal information by Willow Spa and/or its third party providers, partners and affiliates in accordance with
the terms of and for the purposes set forth in the Privacy Policy.
11. Medical Disclaimer
WILLOW SPA IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND. WILLOW
SPA DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER
THIS WEB SITE NOR ANY OF THE INFORMATION CONTIANED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUE FOR PROFESSIONAL HEALTH
OR MEDICAL ADVICE. WILLOW SPA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL
RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE WEB SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE
SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY WILLOW SPA STAFF OR THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS
WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED
QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, WILLOW SPA ADVISES YOU TO SEEK
APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY
NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
12. Indemnification
You agree to and shall defend and indemnify and hold Willow Spa and any third party providers, partners and affiliates, and their officers, directors,
employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or
other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein
or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons,
or your breach of these terms and conditions.
13. Third Party Rights
The provisions of Medical Disclaimer, Use of Site, Limitation of Liability and Indemnification are for the benefit of Willow Spa and its officers,
directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the
right to assert and enforce these provisions directly against you on its own behalf.
14. Relationship
The relationship between Willow Spa and you will be that of independent contractors, and neither of us nor any of our respective officers, agents
or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
15. Governing Law
These terms and conditions and their performance shall be governed by the laws of the state of California, United States of America, without regard
to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and
federal courts located in the counties of California, the state of California, United States of America, in all questions and controversies arising
out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action
or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph.
16. Attorney Fees
If Willow Spa or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such
parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition
to any other relief, at law or in equity, to which such parties may be entitled.
17. Injunctive Relief
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Willow Spa
as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you
agree that Willow Spa shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation
or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs
and expenses sustained or incurred by Willow Spa in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree
that no bond or other security shall be required in connection with such injunction.
18. Termination
Willow Spa may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason,
including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief
to which Willow Spa and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement
and these terms and conditions, all rights granted to you will terminate and revert to Willow Spa and its third party providers, partners or affiliates,
as applicable.
19. Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. Modification
Willow Spa may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in
force at the time of your use.
21. Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide
by such other terms and conditions.
22. Severability
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any
other remaining provisions.
23. Headings
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
24. Entire Agreement
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating
to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or modifications available on this site.
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