Terms of Use

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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