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Terms and Conditions
ACCEPTANCE OF TERMS OF USE
IT IS IMPORTANT THAT YOU READ ALL THE TERMS
AND CONDITIONS CAREFULLY. Midtowne Spa ("Midtowne") owns and
operates this website, located at http://www.midtowne.com ("the website").
This Terms of Use Agreement (this "Agreement") states the terms
and conditions under which you may access and use the website. By accessing
and using the website, 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 website. IF YOU ARE
DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OF
THE website, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Midtowne may revise this Agreement at any time by updating this posting.
Use of the website after such changes are posted will signify your agreement
to these revised terms. You should visit this page periodically to review
this Agreement.
COPYRIGHT
All materials displayed or otherwise accessible
through the website, including, without limitation, news articles, text,
photographs, images, illustrations, (collectively, "the Content")
are protected under U.S. and foreign copyright or other laws, and are
owned by Midtowne, or the party accredited as the provider of the Content.
In addition, the website is protected under copyright law as a collective
work and/or compilation pursuant to U.S. 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 website. You may
use the Contents for private, noncommercial use.
DISCLAIMER OF WARRANTIES
BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE
AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR
OWN RISK. MIDTOWNE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE
WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION
OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE,
RELIABLE, SUITABLE OR TIMELY, (II) THAT THE OPERATION OF THE WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, (III) THAT DEFECTS OR ERRORS IN THE WEBSITE
WILL BE CORRECTED, OR (IV) THAT WEBSITES LINKED TO FROM THIS WEBSITE WILL
BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL
MIDTOWNE ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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 MIDTOWNE KNEW
OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL MIDTOWNE AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BE LIABLE FOR ANY INJURY, LOSS,
DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES),
OR EXPENSE ARISING IN ANY MANNER WHATSOEVER ARISING FROM THE CONTENT OF
ANY THIRD-PARTY WEBSITE.
LINKING
The website contains links to third-party websites.
These links are provided solely as a convenience to you and not as an
endorsement by Midtowne of the contents of such third-party websites.
Midtowne is not responsible for the content of any third-party website,
nor does it make any representation or warranty of any kind regarding
any third-party website including, without limitation (i) any representation
or warranty regarding the legality, accuracy, reliability, completeness,
timeliness, suitability of any content on any third-party website, or
(ii) any representation or warranty that the operation of the third-party
websites 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.
GOVERNING LAWS AND JURISDICTION
The website is controlled by Midtowne from its
offices within the State of California. By accessing or using the website,
you agree that all matters relating to your access to, or use of, the
website and/or the Content shall be governed by the laws of the State
of California and the laws of the U.S., without regard to the conflict
of laws principles thereof. You agree and hereby submit to the non-exclusive
jurisdiction the courts of the State of California with respect to such
matters.
GENERAL
Any consent by Midtowne, 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. 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. Except for any agreements with Midtowne that expressly
reference this Agreement, this is the entire agreement between you and
Midtowne relating to the matters contained herein.
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2010, Midtowne Spa, Inc. All Rights Reserved.
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