Terms Of Use - www.waterfallspa.ca
Please
read carefully
Acceptance of Terms of Use.
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
Waterfall Salon and Spa owns and operates this Web site, located at (the
Web site). This Terms of Use Agreement (this Agreement) states the terms
and conditions under which you may access and use the Web site. By accessing
and using the Web site you are indicating your acceptance to be bound
by the terms and conditions of this Agreement. If you do not accept these
terms and conditions, you must not access or use the Web site.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES,
GUIDELINES OR PRACTICES OF Waterfall Salon and Spa'S OPERATING WEB SITE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Waterfall Salon and Spa may revise this Agreement at any time by updating this
posting. Use of the Web site after such changes are posted will signify
your agreement to these revised terms. You should visit this page periodically
to review this Agreement.
Ownership.
All materials displayed or otherwise accessible through the Web site,
including, without limitation, news articles, text, photographs, images,
illustrations, audio clips, video clips, computer software and code
(collectively, the Content) are protected under Canadian and foreign
copyright or other laws, and are owned by Waterfall Salon and Spa, its licensors
or the party accredited as the provider of the Content. In addition,
the Web site is protected under copyright law as a collective work
and/or compilation pursuant to Canadian and foreign laws. You shall
abide by all additional copyright notices, information and restrictions
on or contained in any of the Content accessed through the Web site. ANY
USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR
DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION
OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN
WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED
WITHOUT THE EXPRESS WRITTEN PERMISSION OF Waterfall Salon and Spa.
Limited Licence.
Notwithstanding the foregoing, and subject to the terms and conditions
of this Agreement, you are hereby granted the right to access, view
and use the Web site for your personal, non-commercial use, and are
granted the right to download, store and print single copies of items
comprising the Content for your personal, non-commercial use, provided
that you maintain all copyright and other notices contained in such
Content.
Trademarks.
Waterfall Salon and Spa, the Wave Logo are official
marks or trademarks of Waterfall Salon and Spa. Other names, words,
titles, phrases, logos, designs, graphics, icons and trademarks displayed
on the Web site may constitute registered or unregistered trademarks
of Waterfall Salon and Spa or third parties. While certain trademarks
of third parties may be used by Waterfall Salon and Spa under license,
the display of third-party trademarks on the Web site should not be
taken to imply any relationship or license between Waterfall Salon
and Spa and the owner of said trademark or to imply that Waterfall
Salon and Spa endorses the wares, services or business of the owner
of said trademark. Nothing contained on the Web site should be construed
as granting you any license or right to use any trademark logo or design
of Waterfall Salon and Spa or any third party, without the written
permission of Waterfall Salon and Spa or the respective owner of any
third-party trademark.
Disclaimer of Warranties.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING
THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND
THE CONTENT IS ENTIRELY AT YOUR OWN RISK. Waterfall Salon and Spa MAKES NO REPRESENTATIONS
OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT
LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR
CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II)
THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA,
SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH
THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR
PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED
OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE
CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL
COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL
BE SECURE OR NOT INTERCEPTED.
Limitation of Liability.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Waterfall Salon and Spa, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS
AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES
IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA
AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF Waterfall Salon and Spa KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Waterfall Salon and Spa, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF Waterfall Salon and Spa HAS
BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Waterfall Salon and Spa, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,
BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF Waterfall Salon and Spa OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
Waterfall Salon and Spa EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB
SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY
USER). UNDER NO CIRCUMSTANCES SHALL Waterfall Salon and Spa AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING
IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY
THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS,
SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT
ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR
CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED
TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE Waterfall Salon and Spa AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY
DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM,
ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE
THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice.
The information contained on the Web site is for informational purposes
only. It is not intended to provide legal, accounting, tax, investment,
financial, medical, lifestyle or other advice to you, and you should
not rely upon the information to provide any such advice.
Linking.
The Web site contains links to third-party web sites. These links are
provided solely as a convenience to you and not as an endorsement by
Waterfall Salon and Spa of the contents of such third-party web sites. Waterfall Salon and Spa is not responsible for the content of any third-party web site,
nor does it make any representation or warranty of any kind regarding
any third-party web site including, without limitation (i) any representation
or warranty regarding the legality, accuracy, reliability, completeness,
timeliness, suitability of any content on any third-party web site;
(ii) any representation or warranty regarding the merchantability or
fitness for a particular purpose of any material, content, software,
goods or services located at or made available through such third-party
web sites; or (iii) any representation or warranty that the operation
of the third-party web sites will be uninterrupted or error free, that
defects or errors in such third-party websites will be corrected or
that such third-party websites will be free from viruses or other harmful
components.
While Waterfall Salon and Spa encourages links to the Web site,
it does not wish to be linked to or from any third-party web site which
(i) contains, posts or transmits any unlawful, threatening, abusive,
libellous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including, without limitation, any content constituting
or encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state, provincial,
national or international law or regulation which may be damaging or
detrimental to the activities, operations, credibility or integrity of
Waterfall Salon and Spa or which contains, posts or transmits any material or information
of any kind which promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual, could be harmful to minors,
harasses or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or violent manner,
provides instructional information about illegal activities, including,
without limitation, the making or buying of illegal weapons; or (ii)
contains, posts or transmits any information, software or other material
which violates or infringes upon the rights of others, including material
which is an invasion of privacy or publicity rights, or which is protected
by copyright, trademark or other proprietary rights. Waterfall Salon and Spa reserves
the right to prohibit or refuse to accept any link to the Web site, including,
without limitation, any link which contains or makes available any content
or information of the foregoing nature, at any time. You agree to remove
any link you may have to the Web site upon the request of Waterfall Salon and Spa.
Software Licenses and Ownership.
All software embedded in or located on or at the Web site, including,
without limitation, all computer code of all types, including all files
and/or images contained in or generated by such software (Software)
is protected by copyright and may be protected by other rights. All
such Software is owned by Waterfall Salon and Spa, its licensors or the party
accredited with ownership of such Software. You are hereby granted
the right to access and use the Software embedded and integrated into
the Web site, subject to (i) the terms and conditions of this Agreement,
and (ii) any additional conditions which may be imposed on your access
and use of such Software.
If the Web site provides Software for download, unless
otherwise provided, you are hereby granted, subject (i) to the terms
of this Agreement and (ii) to any other terms and conditions that may
apply to your downloading and use of such Software, a personal, non-transferable,
non-exclusive license to (i) install and run one copy of the Software
in object-code format on a non-networked computer for your personal,
non-commercial use; and (ii) to reproduce the Software only as reasonably
required to install, run and make reasonable backup copies as allowed
by law.
Except to the extent expressly permitted in this Agreement,
you may not: (i) use, reproduce, modify, adapt, translate, upload, download
or transmit the Software in whole or in part; (ii) sell, rent, lease,
licence, transfer or otherwise provide access to the Software; (iii)
alter, remove or cover any trademarks or proprietary notices included
in the Software; and/or (iv) decompile, disassemble, decrypt, extract
or reverse engineer the Software or assist others in doing so.
Other than the limited license granted herein, nothing
contained in the Web site shall be construed as granting you any right,
title, interest or other license in or to any Software embedded or integrated
into the Web site or made available for download from the Web site, including,
but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Web site
is provided As Is, without warranties of any kind, either expressed or
implied, including, without limitation, any warranty (i) that the Software
is of merchantable quality or is fit for any particular purpose; (ii)
that the Software will conform with any specification(s) relating to
the Software; (iii) that the Software will be free from material defects;
(iv) that the Software contains no computer viruses or other contaminants;
or (v) that the Software shall process date-related and time-related
data without causing any processing interruptions, abnormal termination
or process or manipulate any time-related data.
Online Commerce.
The Web site may allow you to purchase many different types of products
and services online that are provided by Waterfall Salon and Spa (the Wares and
Services). When ordering Wares and Services on the Web site, you must
provide complete and accurate personal information consisting of your
name, address, telephone number, e-mail address, credit card information
and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order
confirmation does not signify our acceptance of your order, nor does
it constitute confirmation of our offer to sell. Your submission of an
order to us shall be deemed to constitute an offer to purchase, which
shall remain open for a reasonable time, unless we agree otherwise, and
will be deemed to be accepted by us only upon shipment of the Wares and
Services. Waterfall Salon and Spa, in its sole discretion, reserves the right at
any time after receipt of your order, without prior notice to you, to
supply less than the quantity you ordered of any item. Waterfall Salon and Spa,
in its sole discretion, reserves the right at any time after receipt
of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares
and Services is subject to change without notice and that the Wares and
Services are subject to availability. The sale of the Wares and Services
is void where prohibited by law. Waterfall Salon and Spa, in its sole discretion,
shall have the right, at any time after receipt of your order, to decline
your order for any reason. In the event that the Wares and Services are
listed at an incorrect price, due to a typographical error or an error
in pricing information, Waterfall Salon and Spa, in its sole discretion, shall
have the right at any time after receipt of your order, to decline your
order.
The Web site may allow you to purchase many different
types of products and services online that are provided by third parties
(the Third-Party Merchandise). Waterfall Salon and Spa is not responsible for the
legality, quality, accuracy, timeliness, reliability or any other aspect
of any Third-Party Merchandise. If you make a purchase from a third-party
web hosted by the Web site or linked from the Web site, the information
obtained during your visit to any third-party web site and the information
that you give, such as your credit card number and contact information,
is collected by the third-party web site and not by Waterfall Salon and Spa.
You release Waterfall Salon and Spa and its officers, directors,
employees, agents and their respective successors and assigns from any
damages that you incur, and agree not to assert any claims against them,
arising from your purchase or use of the Wares and Services or Third-Party
Merchandise made available on the Web site or by third-party web sites
through the Web site.
Notice and Procedure for Making Claims
of Copyright Infringement.
It is the policy of Waterfall Salon and Spa to respond to claims of intellectual
property infringement. Waterfall Salon and Spa will promptly process and investigate
notices of alleged infringement and will take any actions, in its sole
discretion, it deems appropriate. Notifications of claimed copyright
infringement should be sent to Bernadette Kahnert -
To be effective, the notification of infringement must
be a written communication that includes the following:
- A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
- 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
site;
- 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;
- Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone number
and, if available, an electronic mail address at which the complaining
party may be contacted;
- 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;
- 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.
Indemnity.
You agree to indemnify, defend and hold harmless Waterfall Salon and Spa and its
officers, directors, employees, agents, licensors and their respective
successors and assigns, from and against any and all claims, demands,
liabilities, costs or expenses whatsoever, including, without limitation,
legal fees and disbursements resulting directly or indirectly from:
(i) your breach of any of the terms and conditions of this Agreement;
(ii) your access, use or inability to access or use the Web site or
any Web site to which the Web site is or may be linked to from time
to time; (iii) your use of, reliance on, publication, communication
or distribution, uploading or downloading of anything on or from the
Web site; and/or (iv) your violation of any law or regulation.
Registration.
To use certain features of the Web site, you may be asked to register
with the Web site. You agree (i) to provide true, accurate, current
and complete information about yourself as prompted by any registration
form; and (ii) to maintain and promptly update the information you
provide to keep it true, accurate, current and complete. If Waterfall Salon and Spa has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Waterfall Salon and Spa has the right
to suspend or terminate your access to and use of the Web site (or
any portion thereof). Waterfall Salon and Spa's use of any personally identifying
information you provide as part of the registration process is governed
by the terms of Waterfall Salon and Spa's .
Passwords.
To use certain features of the Web site, you may also need a username
and password, which you will receive through the Website registration
process. You are responsible for maintaining the confidentiality of
the password and account, and are responsible for all activities that
occur under your password or account. You agree to notify Waterfall Salon and Spa immediately of any unauthorized use of your password or account
or any other breach of security, and to ensure that you exit from your
account at the end of each session. Waterfall Salon and Spa cannot and will not
be liable for any loss or damage arising from Waterfall Salon and Spa'S failure
or your failure to protect your password or account information.
Security.
Please note that information sent or received over the Internet is generally
unsecure and Waterfall Salon and Spa cannot and does not make any representation
or warranty concerning security of any communication to or from the
Web site or any representation or warranty regarding the interception
by third parties of personal or other information.
Termination.
Waterfall Salon and Spa may at any time, without notice, in its sole discretion
and without cause, terminate your right to access or use the Web site,
(or any portion thereof). Waterfall Salon and Spa may also terminate your right
to access and use the Web site, or any part of the Web site, if you
breach any term or condition of this Agreement.
Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by Waterfall Salon and Spa
from its offices within the Province of Ontario, Canada. By accessing
or using the Web site, you agree that all matters relating to your
access to, or use of, the Web site and/or the Content shall be governed
by the laws of the Province of Ontario and the laws of Canada, without
regard to the conflict of laws principles thereof. You agree and hereby
submit to the non-exclusive jurisdiction of the Federal Court of Canada
and/or the courts of the Province of Ontario with respect to such matters.
You agree that the provisions of the United Nations Convention on Contracts
for the International Sale of Goods shall not apply.
General.
Any consent by Waterfall Salon and Spa to, or waiver of, a breach of this Agreement
which you have committed, whether express or implied, shall not constitute
a consent to, or waiver of, any other, different or subsequent breach.
You may not assign or transfer this Agreement or any right or obligation
hereunder. If any term or provision of this Agreement is held by a
court of competent jurisdiction to be invalid, it shall be severed
and the remaining provisions shall remain in full force without being
invalidated in any way. This Agreement is not intended to create a
partnership, joint venture, or agency relationship between the parties.
Except for any agreements with Waterfall Salon and Spa that expressly reference
this Agreement, this is the entire agreement between you and Waterfall Salon and Spa relating to the matters contained herein. |
