Terms and Conditions of Use

TERMS AND CONDITIONS OF USE

Welcome to our Website! This Site is maintained by Spas and More! as a service to our customers. Throughout these Terms and Conditions of Use, we may sometimes refer to ourselves as “we”, “us”, “our”, etc. By using, browsing, or accessing our Website for any reason, you agree to comply with and be bound by the following Terms and Conditions of Use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this sitE.

TABLE OF CONTENTS:

  1. Terms of Use.
  2. Privacy and Security.
  3. E-Commerce and Purchases.
  4. Ownership.
  5. Intended Audience.
  6. Trademarks.
  7. Site Use.
  8. Compliance with Laws.
  9. Indemnification.
  10. Disclaimer of Warranties.
  11. Limitation of Liability.
  12. Use and Disclosure of Information.
  13. Governing Law and Venue.
  14. Severability.
  15. Waiver.
  16. Modification and Termination of Site.
  17. Relationship of the Parties.
  18. Entire Agreement.
  19. Contact Information.
  20. Questions.

  1. Terms of Use. This Terms and Conditions of Use (the “Terms of Use“) specifies the terms and conditions for access to and use of https://spasandmorestl.com/ (the “Website” or “Site“) and describes the terms and conditions applicable to your access of and use of the Site. We may change these Terms of Use and the products and services offered on our Site at any time. Any such modifications shall be effective immediately. You can view the most recent version of these Terms of Use at any time at [URL for Terms of Use]. Each time you access our Site, you unconditionally accept these Terms of Use.
  2. Privacy and Security. Your visit to the Site and any personal information you submit through the Site is governed by our Privacy and Security Policy [URL for Privacy and Security Policy] and any other posted policies, guidelines, or rules applicable to use of the Site and any products or services provided by the Site (collectively, the “Website Policies”). All such Website Policies are incorporated by reference into these Terms of Use and made a part of them. Unless expressly authorized by these Terms of Use or one or more of the Website Policies, you agree not to collect or store others’ data that is used by Spas and More! on our Site.
  3. E-Commerce and Purchases. For more information concerning customer service issues, refunds, returns, taxes, and other commercial and purchase-related matters, please visit the following link to our E-Commerce Policy: [URL for E-Commerce Policy].
  4. Ownership. All content on our Site is and shall continue to be our property or the property of our content suppliers. Such content is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.Certain content suppliers for our Site, such as Master Spas, license online content to us for limited use. This limited license does not permit your copying, redistribution, use, or publication of such content.
  1. Intended Audience. Our Site is intended for adults only and should not be accessed by anyone younger than eighteen (18) years of age. Neither our Website nor the products and services offered through our Website are intended for children. If you know or reasonably believe that a child has accessed our Site, additional information concerning removal of any such child’s data is available at and governed by our Privacy and Security Policy.
  2. Trademarks. You acknowledge our exclusive rights in and to the Spasandmorestl.com trademark and other trademarks and service marks owned by us. Trademarks, service marks, logos, and copyrighted works on the Site are our property or the property of the party or parties that leased, loaned, licensed, or otherwise transferred, in whole or in part, such intellectual property to us. We, as well as any party that provides intellectual property to us, retain all rights with respect to any of our respective IP appearing on our Site, and no rights in such materials are transferred or assigned to you by or through your use of the Site.
  3. Site Use. Spas and More! grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for uploading content, republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. In addition to other restrictions and limitations included in these Terms of Use and elsewhere on the Site, you acknowledge and agree to the following specific restrictions on your use of the Site:
    1. You agree not to copy materials on the site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law.
    2. You agree not to upload, transmit, email, post, or otherwise communicate any information, including advertising and promotional materials, or other solicitations, including but not limited to any content that contains a business solicitation of any type, including advertising a product or service, offering a product or services for sale, or directing readers to a location for more information about a product or service.
    3. You agree not to use the Site for or in furtherance of any unlawful, harmful, tortious, defamatory, libelous, obscene, invasive, threatening, abusive, pornographic, or other offensive activities or purposes. You further agree not to use the Site to harass, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion ethnicity, race, age, national origin, or disability.
    4. You agree not to intentionally, recklessly, or negligently upload or share any materials containing viruses, corrupted files or software, links to other sites or other computer code, files, or programs that may interrupt, limit, interfere with the functionality of, or otherwise adversely affect the Site or our operation of the Site. You also agree not to use the Site or information collected from the Site to spam, phish, pharm, pretext, spider, crawl, or scrape other account holder’s information.
    5. Your use of this Site is at the discretion of Spas and More!, who may terminate your use of this Website at any time.
  4. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site and that information provided by you is truthful and accurate to the best of your knowledge.
  5. Indemnification.
    1. Generally. You agree to indemnify, defend, and hold Spas and More! and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a violation of these Terms of Use, the Website Policies, or other unauthorized use of the Site.
    2. Partners. Spasandmorestl.com is hosted on WooCommerce. WooCommerce provides us with the e-commerce platform where we sell our products and services to you. Purchases of products and/or services may be made through our Site with Paypal (or other payment processors authorized under these Terms of Use and our Website Policies, including but not limited to our E-Commerce Policy), which may collect and use your debit and/or credit card information to complete your transaction. By using this Site, you agree to indemnify, defend, and hold harmless Spas and More! and our affiliates from and against any claim arising out of third-party use or misuse of these platforms or any breach or leaks of personally identifiable information or payment information through third-party use or misuse of these platforms. We make no warranties, representations, or assurances with respect to the use of these platforms. You acknowledge and agree that the tools provided from these platforms on the Site are “as is” and “as available.”
  6. Disclaimer of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXCLUDING ANY LIMITED WARRANTIES PROVIDED UNDER OUR WEBSITE POLICIES, IF ANY, SPAS AND MORE! DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

    SPAS AND MORE! MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED.

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SPAS AND MORE! BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR SITE USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

    You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

  1. Use and Disclosure of Information. Spas and More! reserves the right, and you authorize us, to use and assign all information regarding your Site use and all information provided by you in any manner consistent with our Privacy Policy. Spas and More! reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
  2. Governing Law and Venue. The laws of the state of Missouri, without regard to its conflicts of laws principles, will govern these Terms of Use and any dispute that may arise between you and Spas and More! or its affiliates with respect to enforcement of these Terms of Use or other use of the Site. You agree to personal and exclusive jurisdiction by and venue in the state courts of St. Charles County, Missouri, and federal courts of competent jurisdiction.
  3. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.
  4. Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Our waiver of these Terms of Use must be in writing and signed by an authorized representative of Spas and More! to be effective.
  5. Modification and Termination of Site. We may terminate these Terms of Use at any time, with or without notice, for any reason. We also reserve the right to modify or discontinue the Site or any services listed on our Site, temporarily or permanently, with or without notice.
  6. Relationship of the Parties. Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
  7. Entire Agreement These Terms of Use constitute the entire agreement between you and Spas and More!, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Spas and More! with respect to this Site, unless stipulated otherwise in a written agreement, signed by both parties. Notwithstanding the previous sentence, you may be subject to additional terms and conditions under these Terms of Use or the Website Policies if and as such pages are updated and revised. Spas and More! may revise these Terms of Use at any time by updating them and posting such updates on the Site. You should visit the Site and review these Terms of Use from time to time to determine if any changes have been made. Your continued use of this Site after changes have been made to these Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  8. Contact Information.
    Spas and More!
    Attention: Angi Hess
    12957 Gravois Rd.
    Sunset Hills, MO 63127
    (314) 843 – 7727
    ACHess@spasandmorestl.com
  9. Questions. If you have any questions regarding these Terms of Use, services available to you through the Site, your subscription to email notifications and newsletters, and more, please contact us using the Contact Information provided in Section 19.