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LEGAL TERMS AND CONDITIONS
Welcome to
ambiancedayspa.ca. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS SITE. By accessing, browsing and using this Site, you are
signifying your consent to be bound by these Legal Terms and Conditions (the “Terms
and Conditions”).
1. RESTRICTIONS ON USE
OF MATERIALS
This Internet website (the
“Site”) is a service of The Ambiancedayspa which is controlled
and operated by Ontario spa Inc. (referred to as “ONTARIOSPA INC.” “ we,”
“us,” or “our” herein). All content included on this Site, such
as text, graphics, logos, button icons, images, audio and video clips, and
software is owned by and the property of ONTARIOSPA INC., or other parties that
have licensed their materials to ONTARIOSPA INC.and is
protected by Canadian and international copyright laws. Unless otherwise
stated, no material from this Site or any website owned, operated, licensed or
controlled by ONTARIOSPA INC. or its affiliates, subsidiaries, successors and
assigns may be copied, reproduced, republished, uploaded, posted, transmitted,
framed, commercially exploited or distributed in any way or by any means
whatsoever, except that you may download or print one copy of the materials for
personal, non-commercial use only, provided you maintain all copyright and
other proprietary notices. Modification of the materials or use of the
materials for any other purpose (including use of any such material on any
other website or networked computer environment) is a violation of copyright
and other proprietary rights. You agree to abide by all copyright notices,
information and restrictions contained in any content on the Site and any
content accessed through the Site.
“The Ambiancedayspa ” and
the The Ambiancedayspa logo are trademarks of ONTARIOSPA INC.. Other trademarks
or trade names mentioned herein may be the trademarks or trade names of their
respective owners.
While ONTARIOSPA INC.
maintains copyright protection in all publications it places on the World Wide
Web, ONTARIOSPA INC. consents to normal downloading, copying and distribution
of the information for non-commercial purposes within the user’s organization
or for non-commercial personal purposes. In consideration of this, users agree
that copies of the information will retain all copyright and other proprietary
notices.
2. DISCLAIMER
UNLESS OTHERWISE PROVIDED,
THE MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONTARIOSPA INC.,
ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION
CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS
LINKED. ONTARIOSPA INC., IT'S AFFILIATES AND LICENSORS DO NOT WARRANT THE
FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL
MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY
PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE ONTARIOSPA INC. NETWORK OR ITS
CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES,
WORMS OR OTHER HARMFUL COMPONENTS. ONTARIOSPA INC., ITS AFFILIATES AND
LISCENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT
LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU
(AND NOT ONTARIOSPA INC.) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and
operated at offices in Toronto, Ontario, Canada. ONTARIOSPA INC. makes no
representation that materials on the Site are appropriate or available for use
in other locations. If you choose to access this Site from other locations, you
do so on your own initiative and you are responsible for compliance with local
laws, if and to the extent local laws are applicable.
3. LIMITATION OF
LIABILITY
Under no circumstances,
including, but not limited to, negligence, shall ONTARIOSPA INC., its
subsidiaries or affiliated companies or licensors, or their directors,
officers, employees or other representatives be liable for any damages that
arise out of or in connection with the use of this Site, even if ONTARIOSPA
INC. or a ONTARIOSPA INC. authorized representative has been advised of the
possibility of such damages. This is a comprehensive limitation of liability
that applies to all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of data, income
or profit, loss of or damage to property and claims of third parties.
Applicable law may not allow the limitation or exclusion of liability of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall ONTARIOSPA INC.'s total liability to you
for all damages, losses, and causes of action (whether in contract, tort
(including but not limited to negligence) or otherwise) exceed the amount paid
by you, if any, for accessing or using this Site.
4. LINKS TO THIRD PARTY
SITES
The links on the Site will
enable you to leave the Site and connect directly to linked sites. Such linked
sites are entirely independent of the Site, and shall not be construed as any
reflection on, any affiliation with, approval of or endorsement by ONTARIOSPA
INC. of any such site or entity, or its respective information, publications,
products or services. ONTARIOSPA INC. shall not be responsible for the contents
of any site linked to this site or for any link contained in a linked site.
ONTARIOSPA INC. is providing these links to you only as a convenience and the
inclusion of any link does not imply endorsement of the linked site by
ONTARIOSPA INC.
5. SUBMISSIONS
We would like to hear from
you regarding ONTARIOSPA INC.’s products and services. Please note that if you
send us suggestions, ideas, or other information (collectively, “Submissions”),
unfortunately we will not be able to return the Submissions to you. Once
submitted, the Submissions will become the property of ONTARIOSPA INC. and
ONTARIOSPA INC. shall exclusively own all rights to the Submissions of every
kind and nature throughout the universe, now known or hereafter existing, and
shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, without compensation to you. By providing the Submissions, you
waive all moral rights in the Submissions.
6. JURISDICTIONS AND
SEVERABILITY
You agree and acknowledge
that your use of this Site shall be deemed to have occurred and taken place
solely in the Province of Ontario, Canada. You further agree and acknowledge
that these Terms and Conditions, and any disputes in connection with your use
of this Site or its contents, will be governed by the laws of the Province of
Ontario, Canada, and the laws of Canada applicable therein. You expressly
consent to the exclusive forum, jurisdiction, and venue of the courts of
Ontario in any and all actions, disputes, or controversies relating hereto. If
any provision of these Terms and Conditions shall be found to be unlawful, void
and unenforceable, then such provision shall be deemed severable here from and
will not affect the validity and enforceability of any remaining provisions.
7. AMENDMENTS
ONTARIOSPA INC. reserves
the right to make changes to the Site and to modify, alter or otherwise update
these Terms and Conditions at any time with or without notice. You should
review this link on a regular basis for any such changes. Your continued use of
the Site shall constitute your acceptance of any revisions to the Terms and
Conditions.
8. LANGUAGE
The parties have requested
that these Terms and Conditions and all documents contemplated hereby be drawn
up in English. Les parties aux présentes ont exigé que cette entente et tous
autres documents envisagés par les présentes soient rédigés en anglais.
9. INDEMNIFICATION
To the maximum extent
permitted by applicable law, you will defend, indemnify and hold ONTARIOSPA
INC., its affiliates and related companies, and any of their respective
directors, officers, employees, consultants and agents, harmless from and
against all claims, liability, and expenses, including all legal fees and
costs, arising out of (i) your breach of any provision of these Terms and
Conditions, or (ii) your use of the Site and the contents contained on the
Site.
ONTARIOSPA INC. reserves
the right, in its sole discretion and at its own expense, to assume the
exclusive defense and control of any action, claim or matter otherwise subject
to indemnification by you. You will co-operate as fully as reasonably required
in the defense of any claim.
10. USER PRIVACY AND
SECURITY POLICY
Use of this Site is subject
to the terms of our Privacy Policy. You recognize and agree that: (i)
the Internet is not a secure medium, and neither the privacy of your
communications, nor visits to this Site, can be guaranteed; (ii) the nature of
Internet communications means that your communications may be susceptible to
data corruption, unauthorized access, interception and delays; (iii) the Site
may include incomplete information, inaccuracies or typographical errors; (iv)
ONTARIOSPA INC. and any other persons involved in the management of the Site
may make changes in the information and content included in the Site at any
time without notice; (v) ONTARIOSPA INC. shall not be responsible for any
detrimental reliance you may place on the Site or its contents; and (vi) use of
the Site is on an “as is” basis and is strictly at your own risk.
Use of this Site is also
subject to the terms of our Security Policy. You recognize and agree
that although ONTARIOSPA INC. security efforts are generally consistent with
industry practice in Canada, your complete privacy, confidentiality and
security associated with any communications between us is not yet possible over
the Internet, and therefore cannot be guaranteed. As a result, ONTARIOSPA INC.
shall not be responsible or liable for any loss of privacy, disclosure of
information, harm, damage or loss that may result from your transmission of any
information to us in any connection with the Site.
© Ontariospa Inc.2000
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