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Timeless Moments Day Spa Terms of Use

I. WELCOME

Welcome and thank you for visiting the Timeless Moments Day Spa website (“Website”) and reviewing our Terms of Use. Timeless Moments Day Spa Management makes this Website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Use set forth in this document. It spells out what you can expect from us and what we expect from you.

II. TERMS OF USE, ACCEPTANCE OF TERMS OF USE, AND NON-TRANSFERABILITY

BY ACCESSING, USING, OR DOWNLOADING IN ANY WAY, WITHOUT LIMITATION, ANY MATERIALS FROM THIS WEBSITE OR MERELY BROWSING THIS WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. Timeless Moments Day Spa reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor (“User”). If Timeless Moments Day Spa makes material changes to the Terms of Use, we will post a notice on our home page, which will run for seven (7) consecutive days following the effective date of the modified Terms of Use. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THE TERMS OF USE. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates, and any of the Materials downloaded or printed from this Website must be immediately destroyed. A User's right to use this Website is NOT transferable.

III. MEDICAL DISCLAIMERS

The content of the Timeless Moments Day Spa Website, such as text, graphics, images, information obtained from Timeless Moments Day Spa's licensors, and other Material contained on the Timeless Moments Day Spa Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. Users are encouraged to develop a professional relationship with physicians and other medical practitioners and regularly consult with them to seek their advice. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on the Timeless Moments Day Spa Website. Users should review any information supplied to or on this Website with their own medical professional.

Since no physician-patient relationship exists between you and Timeless Moments Day Spa, please do not share personal medical information that you wish to keep confidential. Information you provide is not protected under confidentiality laws that protect physician-patient communications. Please carefully select what you choose to disclose. In addition, while Timeless Moments Day Spa attempts to prevent unauthorized access to our Website files, such access may occur. Our professionals may not keep any records of their communications on our Website and may not have any records of any prior contacts you may have had with our Website.

IV. INTELLECTUAL PROPERTY RIGHTS

A. COPYRIGHT INFORMATION AND PERSONAL AND NON-COMMERCIAL USE LIMITATION

All Materials and the compilation of all content included on this Website are owned or licensed by Timeless Moments Day Spa and protected by Canadian and international copyright laws. Copyright © 2005 Timeless Moments Day Spa Management. All Rights Reserved. Timeless Moments Day Spa does not claim ownership of Copyrights owned by third parties.

You have been granted a license to view and use the Website Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may not sell or modify Website Materials or reproduce, display publicly or otherwise use the Website Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Timeless Moments Day Spa. Users may not provide copyrighted or other proprietary information to Timeless Moments Day Spa without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.


B. NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the Canadian Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Timeless Moments Day Spa's designated agent listed below. For your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Website; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a third party has wrongly filed a copyright infringement notice with Timeless Moments Day Spa against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Timeless Moments Day Spa's designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4) The subscribers name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Timeless Moments Day Spa's Designated Agent Contact Information is:

info@timelessmomentsdayspa.com


The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on THIS WEBSITE. ALL OTHER INQUIRIES DIRECTED TO THE DESIGNATED AGENT WILL NOT BE ANSWERED.

C. TRADEMARKS

Timeless Moments Day Spa owns trademarks for its many goods and services, including without limitation, Timeless Moments Day Spa®, . These and other Timeless Moments Day Spa graphics, logos and service marks are trademarks of Timeless Moments Day Spa and may not be used without prior written consent of Timeless Moments Day Spa. All other trademarks, product names, and company names and logos appearing on the Timeless Moments Day Spa Website are the property of their respective owners.

D. IDEAS AND INVENTIONS

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Timeless Moments Day Spa in connection with your use of this website shall be the exclusive property of Timeless Moments Day Spa. User agrees that unless otherwise prohibited by law Timeless Moments Day Spa may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

E. LINKING

Websites wishing to establish temporary or permanent links to this Website must request and receive written permission before establishing any hyperlink. Websites linking to this Website without permission do not have any affiliation with Timeless Moments Day Spa.

V. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Timeless Moments Day Spa respects the privacy of visitors to our Website. Please see Timeless Moments Day Spa's Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including but not limited to the manner in which Timeless Moments Day Spa collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Timeless Moments Day Spa's Privacy Policy, then User should not use this site or submit or post any personally identifiable information on this site. Questions regarding privacy issues should be directed to Timeless Moments Day Spa's Webmaster at info@timelessmomentsdayspa.com.

VI. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of Timeless Moments Day Spa's Website and service is at User's sole risk. Neither Timeless Moments Day Spa, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Timeless Moments Day Spa, including but not limited to www.timelessmomentsdayspa.com, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Timeless Moments Day Spa's Websites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Timeless Moments Day Spa's Websites.

This Website contains several links to other websites. These websites are not under the control of Timeless Moments Day Spa, and the existence of a link on Timeless Moments Day Spa's Website does not imply any endorsement of the linked websites by Timeless Moments Day Spa or any affiliation between Timeless Moments Day Spa and the owners of the linked Websites. Timeless Moments Day Spa makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that Timeless Moments Day Spa has no responsibility to you with respect to such material. Visitors to other websites are encouraged to examine the privacy policies and/or terms of use policies of that website.

THIS WEBSITE IS PROVIDED BY Timeless Moments Day Spa ON AN “AS IS” AND “AS AVAILABLE” BASIS. Timeless Moments Day Spa AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE AVAILABILITY OF ANY SERVICES OFFERED ON OR THROUGH THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Timeless Moments Day Spa AND THE PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

Timeless Moments Day Spa AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Timeless Moments Day Spa NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY OF ANY KIND; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTHWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE WWW.www.timelessmomentsdayspa.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Timeless Moments Day Spa'S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Timeless Moments Day Spa AND/OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH WWW.www.timelessmomentsdayspa.com AND ALL OTHER WEBSITES AFFILIATED WITH Timeless Moments Day Spa. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

If you are dissatisfied with any Timeless Moments Day Spa Website content, your sole and exclusive remedy is to discontinue your use of this Website.

VII. ONLINE CONDUCT

The User agrees to use the Timeless Moments Day Spa Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of Canada and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Timeless Moments Day Spa to be in conflict with the spirit or intent of this Website.

VIII. TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Timeless Moments Day Spa Website and destroying all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise. Your access to the Timeless Moments Day Spa Website may be terminated immediately without notice from Timeless Moments Day Spa if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Timeless Moments Day Spa Website and destroy all Materials obtained from this Website and all copies thereof, whether made under these Terms of Use or otherwise.

IX. APPLICABLE LAW/JURISDICTION

This Website is hosted by Timeless Moments Day Spa in the Toronto, Ontario. As such, by visiting Timeless Moments Day Spa's Website, even if accessed from a location outside Canada, you agree that the laws of the Province of Ontario will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Timeless Moments Day Spa reserves the right to make changes to its Website and these disclaimers, terms of use, and privacy statement at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the Province of Ontario.

X. WAIVER/SEVERABILITY

The failure of Timeless Moments Day Spa to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Timeless Moments Day Spa's right to assert or rely upon any such provision or right in that or any other instance.

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

XI. INTERNATIONAL USERS

The Timeless Moments Day Spa Website can be accessed from locations around the world. Timeless Moments Day Spa makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside Canada. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited. If you access this Website from a location outside Canada, you are responsible for compliance with all local and/or international laws.

XII. SECURITY

Timeless Moments Day Spa reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.


Date Last Modified: April 05, 2005

THESE TERMS OF USE MAY BE CHANGED AT ANY TIME, WITHOUT PRIOR NOTICE TO ANY VISITOR

 

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