Spa at Wellington Green
TERMS OF USE

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE.
   Welcome to sspaatwellingtongreen.com (the " Site "). The Site, which is operated by Spa at Wellington Green ("we"or the "Company"), and the information (the "Services ") offered at the Site are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITE OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms of Use carefully. If you do not agree to these terms, you should not use the Site or any of the Services. The Terms of Use for this Site may be revised at any time by the Company without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site and available for your review at any time. It is your responsibility to do so often. The term "you"or "user"refers to all individuals and entities accessing this Site for any reason.
   
   
2. USER CONDUCT - General. Users may not use the Site to post, transmit, distribute or store any materials, including without limitation, materials (a) in violation of any applicable law, rule or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property right of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to any person or entity.
   
   Use for Information Only. The Site may be used only for the purpose of obtaining information about the Company, its products and services, and for requesting additional information. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for the stated purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes described on the Site.
   
   Policy Concerning Children. The Services are not intended for use by children. If you are under 13 years of age, you may not use the Site or the Services.
   
   Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site, by including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The Company reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Services as necessary to satisfy any applicable law, regulation, legal process or governmental request.
   
   
3. MODIFICATION. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), any document, information or other content on the Site, with or without notice to you.
   
   
4. TERMINATION. We may terminate or suspend your access to all or part of the Site and/or your use of the Services, without notice and for any reason, including, but not limited to, for violation of the Terms of Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, another customer of the Site or any third party.
   
   
5. NONTRANSFERABLE. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
   
6. YOUR INFORMATION– Unsolicited Submissions. We do not accept or consider creative ideas, suggestions or materials other than those specifically requested by us. We ask that you do not submit or send such materials directly to us unless we ask you to do so. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the "Information") to us at our request or send unsolicited Information to us despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.
   
   Privacy. If you request information from us or otherwise provide the Company with certain information including, without limitation, your email address, the Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. [The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your submission and at any time thereafter; such offers may be made only by the Company.] Our Privacy Policy [hyperlink] may change from time to time, and is a part of the Terms of Use. [In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.]
   
   
7. INTELLECTUAL PROPERTY. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the "Intellectual Property"), which are owned by the Company, its licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to the Company or its licensors, affiliates or partners. You may use the Intellectual Property in accordance with Section 2 above, but you may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from the Company. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. You do not acquire Intellectual Property rights in any item purchased through the Site, except to the extent outlined in Section 2 above.
   
   "Photowalk Media Design "...and " " are trademarks of the Company. Other product and company names appearing on the Site may be trademarks of their respective owners.
   
   
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE 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 NONINFRINGEMENT.
   
   THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.
   
   YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED TRANSMISSIONS, ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO THE COMPANY FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS) THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA 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 OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
   
   
9. LIMITATION OF LIABILITY. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES, OR YOUR INABILITY FOR ANY REASON TO USE THE SITE OR THE SERVICES; NOR DO WE HAVE ANY LIABILITY WHATSOEVER FOR ANY PRODUCT PURCHASED THROUGH THE SITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE OR SUCH CONTENT IN ANY DOCUMENT, MATERIAL OR ITEM PURCHASED THROUGH THE SITE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER‘S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
   
   
10. INDEMNIFICATION. You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, from any claim or demand, including reasonable attorneys‘ fees, made by any third party due to or arising out of your use of the Site or any of the Services, your violation of these Terms of Use, or your violation of the rights of any third party.
    
    
11. LINKS TO OTHER SITES. The Site may contain links to other Sites. We are not responsible for the content, accuracy or opinions expressed in such Sites, and such Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you leave our Site and access these third-party sites, you do so at your own risk.
    
    
12. MISCELLANEOUS. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State of Florida and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site or any of the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to Sections 11 and 12 above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use constitute your entire agreement with the Company. The Company reserves the right to make changes to the Company Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision.
    
    

The Pointe at Wellington Green Shopping Plaza 10240 Forest Hill Blvd. Suite 180 • Wellington FL, 33414 • 561.753.2888 © 2008 | Disclaimer Information | Site Map