These Terms and Conditions govern use of our totallyspa website. Please read these terms and conditions carefully before using this website. Use of this website is expressly conditioned on acceptance of the following Terms and Conditions, which may be updated from time to time without notice. By using this website, assent is acknowledged to these Terms and Conditions.
This website is copyrighted by totallyspa, all rights reserved.
Third Parties
Certain material contained on this website may be licensed from third parties, and any copyrights, trademarks or service marks in such content belong to the respective third parties. totallyspa includes links to sites on the Internet and provides material and/or information and/or offers of third parties that are owned or operated by the respective entities. This does not imply that totallyspa endorses the site or the products or services referenced in such third party site and information submitted.
Other product, services and company names mentioned in totallyspa may be trademarks or trade names of their respective owners. Access to totallyspa should not be construed as granting, by implication, estoppels or otherwise, any license or right to use any marks appearing on the site without the prior written consent of the third party owner thereof.
Links on totallyspa to third-party websites are provided solely as a convenience to wesite users. totallyspa does not control and is not responsible for any of these sites or their content. Thus, totallyspa does not endorse or make any representations about them, or any information, software or other products or materials or services found there, or any results that may be obtained from using them.
Please note that totallyspa does not sign non-disclosure agreements and that business information shared in any form with the firm, its employees, and affiliates cannot be considered confidential.
The information contained in this website is taken from sources believed to be reliable, but its accuracy cannot be guaranteed.
totallyspa, its principals, employees, and affiliates may at any time hold positions and options in companies discussed herein, and may provide consulting and other services to those companies.
totallyspa is not responsible for editing or proofing any of the text posted on the website. Any inaccuracies or mistakes are those of the author(s). Materials submitted with excessive grammatical or spelling errors will not be considered for posting. The views and opinions are not necessarily those of totallyspa or its staff.
Relevant Organizations, Persons and website
totallyspa.com is operated and owned by totallyspa and no association with any other organization or person is implied or intended unless specifically stated.
Website Users
Website Users shall mean both visitors to the website as well as organizations, individuals and venues featured in the website. Website Users may utilize certain additional services offered from time to time such as other communications services, merchandising and e-commerce offerings, and various information services.
Authority to Participate
Website Users represent and warrant that he or she can lawfully bind him or her self to these Terms and Conditions in the jurisdiction where the Website Users are located. No Website Users may participate where doing so would be prohibited by any law or regulation, having the force of law applicable to those Website Users.
Information Submitted by Website Users
Website Users represent and warrant: (a) that all information submitted by Website Users is true, accurate, current, and complete; and (b) that Website Users shall maintain and update information submitted in registering for the services in order to keep it true, accurate, current, and complete at all times. If any information that Website Users submit in the registration process is untrue, inaccurate, not current, or incomplete, totallyspa shall have the right to terminate the Website Users' use of the services. totallyspa also reserves the right to alter or amend any information submitted if there is good cause, this to include spelling errors, grammatical errors and matters that appear incorrect or misleading. The Website Users should monitor any such amendments and advise his or her customers if such amendments require clarification. The information submitted by Website Users and any amendments do not constitute part or all of a contract or implied contract between the Website Users and their customers.
Modification or Amendment
totallyspa reserves the right to modify or amend these Terms and Conditions unilaterally at any time, for any reason, or for no reason at all, at totallyspa sole discretion, without prior notice to Website Users. The most recent version of these Terms and Conditions shall be posted on the totallyspa website. It is the Website Users' sole responsibility to keep him or her self appraised of any such modifications or amendments.
Website Users Data
Website Users acknowledge and agree that it is necessary for totallyspa to use the data submitted by Website Users in the Website Users' application and registration forms and/or submitted later by the Website Users during use of the Services (the "Website Users data") in order for totallyspa to provide the services to Website Users. Website Users hereby grants totallyspa a royalty-free, perpetual, irrevocable, and world-wide license to use, manipulate, collate, organize, create derivative works from, and disclose (whether by sale, license, or otherwise) the Website Users data consistent with these Terms and Conditions and with totallyspa's Privacy Policy, for the purpose of providing the services and for marketing and promotional activities. This provision shall survive termination of these Terms and Conditions.
Website Users Conduct
Website Users represent and warrant as follows:
Website Users shall comply with these Terms and Conditions.
Website Users shall comply with all applicable laws and regulations having the force of law, including, without limitation, those laws and regulations pertaining to intellectual property, rights of privacy and publicity, defamation, and obscenity.
Website Users shall not use the services of totallyspa website to transmit any communication, message, or content that is fraudulent, misleading, deceptive, harassing, threatening, harmful, libellous, defamatory, abusive, slanderous, hateful, sexually, racially, or ethnically objectionable, vulgar, pornographic, obscene, indecent, or otherwise objectionable or unlawful.
Website Users shall not attempt to gain unauthorized access to totallyspa database or other computer systems.
Website Users shall not attempt to interfere with any other person's use of the services.
Website Users shall not misrepresent his or her identity or impersonate any person, including, but not limited to, any employee of totallyspa.
Website Users shall not engage in any activity that constitutes or facilitates "spamming" or the sending of unsolicited messages.
Website Users shall only use the services for Website Users' personal or business use and shall not use totallyspa website or the services for any commercial purpose unrelated to the purpose of the website, including any resale, timesharing, sublicensing, or transfer of the services.
Website Users shall not hold him or her self out as sponsored by, endorsed by, or affiliated with totallyspa.
Website Users shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by totallyspa in connection with totallyspa website or the services.
Website Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the services or totallyspa website, including, without limitation, the use of any virus, worm, Trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with the services or totallyspa website.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of totallyspa. totallyspa reserves the right, but does not assume any obligation, to monitor the services to enforce these guidelines. Nor does totallyspa guarantee that any monitoring it does perform will be to the Website Users' satisfaction. Upon learning of any violation of these Terms and Conditions, totallyspa, at its sole discretion, may (a) require the violating Website Users to remedy such violation or recompense the cost of correcting, investigating and terminating such a violation; (b) partially or completely block access by such Website Users; (c) suspend or terminate Website Users' use of the services; and/or (d) take any other actions that totallyspa deems appropriate to enforce its rights and pursue all available remedies.
Intellectual Property and Proprietary Rights
Website Users acknowledge that the services and totallyspa website are protected by certain proprietary and intellectual property rights belonging to totallyspa and that Website Users have no right, title, or interest in the services of totallyspa website. All copyrights, patents, trademarks, service marks, trade secrets, database rights, and other proprietary rights pertaining to the services and totallyspa website are the sole and exclusive property of totallyspa and/or its licensors. This provision shall survive termination of these Terms and Conditions.
Indemnity
Website Users agree to indemnify and hold harmless totallyspa and its parent organisations, subsidiary organisations, Fellows, affiliates, successors, assigns, directors, officers, agents, employees, independent contractors, accountants, lawyers, licensors, service providers, and suppliers, for any and all claims and expenses, including legal fees and costs, arising out of or relating to Website Users' use or misuse of totallyspa website or the services, including any conduct by Website Users that breaches these Terms and Conditions. This provision shall survive termination of these Terms and Conditions.
Force Majeure
Without limiting the generality of the disclaimers of warranties and limitations of liability contained previously, under no circumstances shall totallyspa be held liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning. This provision shall survive termination of these Terms and Conditions.
Relationship of Parties
totallyspa and Website Users are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
Successors and Assigns
These Terms and Conditions shall be binding upon the parties hereto and their respective heirs, successors, and assigns. This provision shall survive termination of these Terms and Conditions.
Termination
These Terms and Conditions may be terminated by Website Users at any time by discontinuing use of the services. These Terms and Conditions may be terminated by totallyspa (a) automatically upon any violation of these Terms and Conditions, with or without prior notice to Website Users, at The totallyspa's sole discretion; (b) at any time, for any reason, or no reason at all, with or without prior notice to Website Users, upon totallyspa's blocking of Website Users' access to the service and/or notification to Website Users at the e-mail address provided in Website Users' registration or otherwise. Upon any termination by totallyspa, Website Users shall discontinue any effort to access totallysa website or the services.
Headings
All headings in these terms and conditions are for convenience only and shall have no legal or contractual effect.