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Welcome to Heaven, the Spa's online store a branch of Heaven, the Spa (Day Spa) in Sandpoint, Idaho.
ELECTRONIC COMMUNICATIONS // COPYRIGHT // TRADEMARKS // LICENSE & SITE ACCESS //
YOUR ACCOUNT // REVIEWS, COMMENTS, COMMUNICATIONS & OTHER CONTENT // COPYRIGHT COMPLAINTS // RISK OF LOSS // PRODUCT DESCRIPTIONS // PRICING // DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY // APPLICABLE LAW // DISPUTES // SITE POLICIES, MODIFICATION & SEVERABILITY // OUR ADDRESS
ELECTRONIC COMMUNICATIONS
When you visit our website to shop or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you primarily by e-mai. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Heaven the Spa and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Heaven, the Spa and protected by U.S. and international copyright laws. All software used on this site is the property of Heaven, the Spa or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Heaven, the Spa, Darcy Chambers Skin Care, Inc., heaventhespa.com and other marks indicated on our site are trademarks of the repective companies and may not be used in connection with any product or service that is not the property of Heaven, the Spa in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heaven, the Spa or Darcy Chambers Skin Care, Inc. All other trademarks not owned Heaven, the Spa or its subsidiaries that appear on this site are the property of their respective owners.
LICENSE & SITE ACCESS
Heaven, the Spa grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Heaven, the Spa. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heaven, the Spa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Heaven, the Spa and our affiliated websites without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name Heaven, the Spa or trademarks without the express written consent of Heaven, the Spa. Any unauthorized use terminates the permission or license granted by Heaven, the Spa. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Heaven, the Spa so long as the link does not portray Heaven, the Spa, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Heaven, the Spa logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Heaven, the Spa does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Heaven, the Spa only with involvement of a parent or guardian. Heaven, the Spa and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS & OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Heaven, the Spa reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Heaven, the Spa and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Heaven, the Spa and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Heaven, the Spa or its affiliates for all claims resulting from content you supply. Heaven, the Spa has the right but not the obligation to monitor and edit or remove any activity or content. Heaven, the Spa takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Heaven, the Spa and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from Heaven, the Spa are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
heaventhespa.com and its affiliates attempt to be as accurate as possible. However, heaventhespa.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by heaventhespa.com itself is not as described, your sole remedy is to return it in unused condition.
The information listed on the product pages of this web site is provided by the individual product manufacturers. Heaven, the Spa is not responsible for the validity of claims made by those manufacturers regarding their individual products. If you have questions about or dispute any statement of claims made about any product sold by Heaven, the Spa - please direct those questions to the manufacturer.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Prices are subject to change without notice. With respect to items sold on our on-line store website, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card for any amount other than that provided without further contact with you. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If a correct price of an item is lower than our stated price, we will charge the lower amount and ship you the item. If a correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY HEAVEN, THE SPA ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEAVEN, THE SPA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEAVEN, THE SPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEAVEN, THE SPA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEAVEN, THE SPA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEAVEN, THE SPA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting heaventhespa.com, you agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and heaventhespa.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to heaventhespa.com or to products you purchase through heaventhespa.com shall be submitted to confidential arbitration in Sandpoint, Idaho, except that, to the extent you have in any manner violated or threatened to violate intellectual property rights of heaventhespa.com, heaventhespa.com may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION & SEVERABILITY
These policies and other published policies govern your visit to heaventhespa.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
HEAVEN, THE SPA
204 East Superior Street, Suite 1
Sandpoint, ID 83864
208-263-5616
heaventhespa@imbris.com
www.heaventhespa.com
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