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1. Acceptance of our Terms
By visiting the website Spas
In Motion , viewing, accessing or otherwise using any of the
services or information created, collected, compiled or submitted
to Spas In Motion , you agree to be bound by the following
Terms and Conditions of Service.
In no event will Spas In Motion be liable to anyone for any
decision made or action taken in reliance upon the information
provided through this website. actions or decisions taken
by you in reliance upon such information. Spas In Motion,
its owners, employees, and agents shall be indemnified and
saved harmless against all liability and damages including
special, consequential, or punitive damages arising out of
claims from the use or distribution of information originating
in this website or websites attached or linked to this website.If
you do not want to be bound by our Terms , please view our
Termination of Agreement section.
You understand, agree and acknowledge that these Terms constitute
a legally binding agreement between you and Spas In Motion
and that your use of Spas In Motion shall indicate your conclusive
acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that
Spas In Motion is entitled to modify, improve or discontinue
any of its services at its sole discretion and without notice
to you even if it may result in you being prevented from accessing
any information contained in it. Furthermore, you agree and
acknowledge that Spas In Motion is entitled to provide services
to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that
Spas In Motion may contain proprietary and confidential information
including trademarks, service marks and patents protected
by intellectual property laws and international intellectual
property treaties. Spas In Motion authorizes you to view and
make a single copy of portions of its content for offline,
personal, non-commercial use. Our content may not be sold,
reproduced, or distributed without our written permission.
Any third-party trademarks, service marks and logos are the
property of their respective owners. Any further rights not
specifically granted herein are reserved.
4. Submitted Content
When you submit content to Spas
In Motion you simultaneously grant Spas In Motion an irrevocable,
worldwide, royalty free license to publish, display, modify,
distribute and syndicate your content worldwide. You confirm
and warrant that you have the required authority to grant
the above license to Spas In Motion .
5. Termination of Agreement
The Terms of this agreement
will continue to apply in perpetuity until terminated by either
party without notice at any time for any reason. Terms that
are to continue in perpetuity shall be unaffected by the termination
of this agreement.
6. Disclaimer of Warranties
You understand and agree that
your use of Spas In Motion is entirely at your own risk and
that our services are provided "As Is" and "As Available".
Spas In Motion does not make any express or implied warranties,
endorsements or representations whatsoever as to the operation
of the Spas In Motion website, information, content, materials,
or products. This shall include, but not be limited to, implied
warranties of merchantability and fitness for a particular
purpose and non-infringement, and warranties that access to
or use of the service will be uninterrupted or error-free
or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that
Spas In Motion and any of its subsidiaries or affiliates shall
in no event be liable for any direct, indirect, incidental,
consequential, or exemplary damages. This shall include, but
not be limited to damages for loss of profits, business interruption,
business reputation or goodwill, loss of programs or information
or other intangible loss arising out of the use of or the
inability to use the service, or information, or any permanent
or temporary cessation of such service or access to information,
or the deletion or corruption of any content or information,
or the failure to store any content or information. The above
limitation shall apply whether or not Spas In Motion has been
advised of or should have been aware of the possibility of
such damages. In jurisdictions where the exclusion or limitation
of liability for consequential or incidental damages is not
allowed the liability of Spas In Motion is limited to the
greatest extent permitted by law.
8. External Content
Spas In Motion may include hyperlinks
to third-party content, advertising or websites. You acknowledge
and agree that Spas In Motion is not responsible for and does
not endorse any advertising, products or resource available
from such resources or websites.
9. Jurisdiction
You expressly understand and
agree to submit to the personal and exclusive jurisdiction
of the courts of the country, state, province or territory
determined solely by Spas In Motion to resolve any legal matter
arising from this agreement or related to your use of the
site,"Spas In Motion" . If the court of law having
jurisdiction, rules that any provision of the agreement is
invalid, then that provision will be removed from the Terms
and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that
the above Terms constitute the entire general agreement between
you and Spas In Motion . You may be subject to additional
Terms and conditions when you use, purchase or access other
services, affiliate services or third-party content or material.
11. Changes to the Terms
Spas In Motion reserves the
right to modify these Terms from time to time at our sole
discretion and without any notice. Changes to our Terms become
effective on the date they are posted and your continued use
of Spas In Motion after any changes to Terms will signify
your agreement to be bound by them.
Oct 10, 2009.
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