Terms and Conditions of Use
Effective January 1, 2003
Terms and Conditions of Use
This site is the property of Spa-Vacation-Experts.com (hereinafter referred
to as "SPV") and is offered to you, the customer, conditioned on your acceptance
without modification of the terms, conditions and notices contained herein.
Your use of this Web site constitutes your agreement to all such terms,
conditions and notices. Please be aware that SPV may revise these Terms
and Conditions from time to time by updating this posting. Such revised
Terms and Conditions will take effect as of the date of posting.
Use of This Site
This web site is for your personal information, entertainment, education and
communication. You should assume everything you see or read on the web
site is the property of SPV and its licensors or partners. You may not
modify, copy, distribute, transmit, display perform, reproduce, publish,
license, create derivative works, transfer or sell information without
the prior written permission of SPV.
Submission of Your Content
By submitting and/or posting Content to the website, you automatically grant
to SPV a royalty-free, perpetual, irrevocable, non-exlcusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
edit, translate, distribute, perform, create derivative of and display
such Content alone, or as a part of other works in any form, media, or
technology, whether now known or hereafter developed. As a user, you are
responsible for your own Content and are responsible for the consequences
of your posting such Content. You must not do the following things: post
materials that are copyrighted, unless you are a copyright owner or have
the permission of the copyright owner to post it; post material that violates
any law or infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit
image; post or transmit any advertisements, promotional materials, "junk
mail," "spam," chain letters, pyramid schemes or any form of solicitation;
impersonate another person or misrepresent your affiliation with any person
or organization; access the website to obtain a list of users of the website;
access or use any secure or non-public areas of the website without authorization;
or frame or link to the website. SPV does not represent or guarantee the
truthfulness, accuracy, or reliability of any Content posted by other users
or endorse any opinions expressed by users. You acknowledge that any reliance
on material posted by other users will be at your own risk. SPV does not
screen communications in advance and is not responsible for screening or
monitoring material posted by users. If SPV becomes aware of any communication
that allegedly does not conform to these Terms and Conditions, SPV may
investigate the communication and determine in good faith in its sole discretion
whether to remove or request the removal of the communication. SPV has
no liability or responsibility to you for performance or nonperformance
of such activities. SPV reserves the right to remove Content, expel users
and prevent their further access to the website for violating these Terms
and Conditions or the law.
Liability Disclaimer
Your use of this website is at your risk. SPV does not warrant or represent
that our Content is accurate, error-free, truthful or reliable or that
your use of such material will not infringe rights of third parties. SPV
does not warrant that the functional aspects of the website will be error
free or that this website or the server that makes it available are free
of viruses or other harmful components. If your use of this website or
our Content results in the need for servicing or replacing property, material,
equipment or data, SPV is not responsible for those costs. Without limiting
the foregoing, everything on our website is provided to you "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPV MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL
CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS,
OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some
jurisdictions may not allow the exclusion of implied warranties. As a result,
some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER SPV NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY
TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPV IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
In addition, while SPV makes every effort possible to work only with suppliers and vendors capable of providing the level of services and amenities expected by SPV and its customers, SPV shall not be held liable for the actions or inactions on the part of such suppliers and vendor resulting in any damages to customer.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Links to Third-Party Sites
ARE has not reviewed all of the sites linked to this website and is not responsible
for the availability, content or accuracy of any pages or other sites linked
via this website. The inclusion of any link to such sites does not imply
endorsement by SPV of these sites. Your linking to any other pages or sites
is at your own risk. You agree that SPV will not be liable for any loss
or damages you or any third party may suffer in connection with third party
pages or sites.
Termination
You agree that SPV may terminate your use of this website if it believes that
you have violated or acted inconsistently with the letter or spirit of
these Terms and Conditions, violated the rights of SPV or any third party,
or for any reason with or without notice to you. You agree that SPV may
modify or discontinue this website, with or without notice to you. You
agree that SPV will not be liable to you or any third party as a result
of such modification or discontinuation.
General
This agreement is governed by the laws of the State of Arizona, USA. You hereby
consent to the exclusive jurisdiction and venue of courts in Maricopa County,
Arizona, USA, in all disputes arising out of or relating to the use of
this Web site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and SPV as a result of this agreement or use of this Web site. SPV's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of SPV's right to comply with
law enforcement requests or requirements relating to your use of this Web
site or information provided to or gathered by SPV with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. This agreement
constitutes the entire agreement between the customer and SPV, with respect
to this Web site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the customer
and SPV, with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data
mentioned herein are not intended to represent any real individual,company,
product, or event. Any rights not expressly granted herein are reserved.
Indemnity
You agree to defend, indemnify, and hold harmless SPV, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, arising
from your use of this website or our Content or your breach of these Terms
and Conditions. SPV shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
Arbitration
In the event a dispute arises between customer and SPV, customer agrees that
such dispute shall be settled by arbitration and that any determination
made during arbitration shall be binding upon both parties involved in
said dispute. Arbitration shall take place in Maricopa county, Arizona.
Password
You may receive a password in connection with your use of this website. You
will be responsible to maintain the confidentiality of your password and
account, and will be solely responsible for all activities that occur under
your password and account.
Our Address
Sunset Travel Inc.
dba
Spa-Vacation-Experts.com
3370 N. Hayden Rd., Suite # 123-322
Scottsdale, AZ 85251
1-800-532-5590
