Terms & Conditions
iWantaSpa Terms & Conditions
Please read our terms and conditions, which you agree to in signing up for iWantaSpa (“iWantaSpa”).
The terms and conditions include important provisions about the contractual relationship between WithinMySite.com, LLC and you. As a user of iWantaSpa you accept that by using this site you agree that WithinMySite.com, LLC assumes no responsibility for the nature or content of anything contained on this Web site and disclaims all liability in respect of such nature or content. Use of this site is subject to the following Terms and Conditions of Use.
1. Acceptance of Terms
1.1. iWantaSpa is provided by WithinMySite.com, LLC (the “Company”), which provides its services to you, subject to the following Terms and Conditions (“TACS”), which may be updated by the Company from time to time without notice to you. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
1.2. When using particular iWantaSpa software, services, or other items provided by the Company, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS
2.1. By completing the registration process, you are stating that you agree to be bound by all of these TACS.
2.2. In consideration of your use iWantaSpa, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the iWantaSpa registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of iWantaSpa (or any portion thereof). Furnishing false data on the sign up form, contract, or on line application, including fraudulent use of credit card numbers may subject the offender to civil or criminal liability.
2.3. You will create a password and receive account designation upon completing the iWantaSpa registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. Subscription and Termination
3.1. Subscription rates are as set forth during the iWantaSpa registration process. The Company reserves the right to modify the subscription rates at any time. iWantaSpa will provide 30 days written notice prior to a change in the subscription rates. In the event that you do not wish to continue your account paying the changed subscription rate, you, the customer, have 10 days from the date of notification of the effective increase to provide iWantaSpa with a written request to terminate services and incur no termination liability. Otherwise, the existing service will be billed at the new subscription rate. However, you will continue to be responsible for all charges up to 30 days from the date the iWantaSpa notice was received.
3.2. Payment will be made on a month-to-month basis by charging the credit card you entered during the registration process. These fees and charges are non-refundable. Should your credit card be declined, your service is subject to interruption. In the event of default, iWantaSpa may remove access to your website and delete all content thereon.
3.3. Asa iWantaSpa customer, you may not sell, assign or transfer your service order without the prior written consent of the Company. The Company may at any time sell, assign or transfer this agreement with no notice.
3.4. iWantaSpa may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
3.5. Only a written request to terminate service relieves you and/or your company from the obligation to pay your monthly charges. To terminate month-to-month service, a company or an individual must provide iWantaSpa with 30 days written notice. Once the service is terminated, Company will remove access to your website, and all content thereon will be deleted.
4.Code of Conduct
4.1. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload post, email or otherwise transmit via iWantaSpa.
4.2. The Company does not control the content posted via iWantaSpa and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via iWantaSpa.
4.3. iWantaSpa services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. iWantaSpa reserves the right to remove such illegal material from its servers. You undertake not to use iWantaSpa to:
(a) upload, post, transmit or otherwise make available any content on or through any of iWantaSpa’s services, any material that is, in iWantaSpa’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including any material that violates or infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(b) harm minors in any way;
(c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) transmit, publish, offer, or otherwise display, whether intentionally or unintentionally, and text, image, or material that violates any applicable local, state, national or international law, including, but not limited to, the Federal Food, Drug, And Cosmetic Act or any other rule or regulation of the Food and Drug Administration, and any other rules or regulations having the force of law;
The Company retains the right to terminate any account or user who has violated any of the above prohibitions.
4.4. You agree and covenant that you will not make any claims, either in written form or verbally, as to the health benefits or the suitability to treat any disease of any product that you purchase from the Company for resale on your website.
4.5. You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via iWantaSpa. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TACS or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.6. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, iWantaSpa, its users and the public.
4.7. You recognize and acknowledge that any and all iWantaSpa services and/or products, programming and software used hereunder constitute valuable intellectual property, including but not limited to proprietary formulas, methods, systems, and apparatus, or otherwise trade secrets of the Company. You will use your best efforts to protect and keep confidential the intellectual property rights of the Company, and agree to make no attempt to copy, decompile, or reverse engineer, alter, or re-engineer, tamper with, or otherwise misuse such code, services, programs, or hardware, etc. received or otherwise accessible via iWantaSpa. This prohibition extends to you, your employees, and/or agents
5.Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
6.Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE iWantaSpa SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.
THE COMPANY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7.1. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including iWantaSpa software, service, your connection to iWantaSpa or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of iWantaSpa;
(b) any material which violates the laws of the United States of America, including but not limited to, the Federal Food, Drug, And Cosmetic Act or any other rule or regulation of the Food and Drug Administration;
(c) any material which infringes the proprietary or intellectual property rights of any third party;
(d) copyright infringement; or
(e) any defects in products sold through the medium of iWantaSpa.
7.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 6.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
8.Modifications to the TACS or to the iWantaSpa Software
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue iWantaSpa temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of iWantaSpa.
9.The Company’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the iWantaSpa service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Company or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the iWantaSpa service, in whole or in part.
You further agree that any images, text, trade names, product names, audio, video, or other information that you receive from the Company in connection the goods or services provided by the Company is the sole and exclusive property of the Company. Upon termination of the iWantaSpa service by you or by the Company, you covenant and agree that you will cease all use of any images, text, trade names, product names, audio, video, or other information that you have received from the Company.
The Company does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized representative of the Company, any material, information or idea you transmit to the Company by any means may be disseminated or used by the Company or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
10.1. The TACS constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services of the Company, third-party content or third-party software.
10.2. This agreement shall be governed by the internal laws of the State of Utah, without regard to conflicts of laws. All legal issues arising from or related to the use of iWantaSpa shall be construed in accordance with and determined by the laws of the State of Utah. By using iWantaSpa, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of iWantaSpa is the state and federal courts located in Salt Lake City, Utah. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
10.3. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
10.4. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
10.5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the iWantaSpa service or these TACS must be filed within one (1) year after such claim or cause of action arose or be forever barred.