Restrictions on Use
of Materials
Materials in this
website are Copyrighted and all rights are
reserved. Text, graphics, databases, HTML
code, and other intellectual property are
protected by US and International Copyright
Laws, and may not be copied, reprinted,
published, reengineered, translated, hosted,
or otherwise distributed by any means without
explicit permission. All of the trademarks
on this site are trademarks of Simply Spa
or of other owners used with their permission.
Database Ownership,
License, and Use
Simply Spa warrants,
and you accept, that Simply Spa is the owner
of the copyright of the Databases of Links
to articles and resources available from
time to time through Simply Spa. Simply
Spa and its contributors reserve all rights
and no intellectual property rights are
conferred by this agreement.
Simply Spa grants
you a non-exclusive, non-transferable license
to use database(s) accessible to you subject
to these Terms and Conditions. The database(s)
may be used only for viewing information
or for extracting information to the extent
described below.
You agree to use
information obtained from Simply Spa's databases
only for your own private use or the internal
purposes of your home or business, provided
that is not the selling or broking of information,
and in no event cause or permit to be published,
printed, downloaded, transmitted, distributed,
reengineered, or reproduced in any form
any part of the databases (whether directly
or in condensed, selective or tabulated
form) whether for resale, republishing,
redistribution, viewing, or otherwise.
Nevertheless, you
may on an occasional limited basis download
or print out individual pages of information
that have been individually selected, to
meet a specific, identifiable need for information
which is for your personal use only, or
is for use in your business only internally,
on a confidential basis. You may make such
limited number of duplicates of any output,
both in machine-readable or hard copy form,
as may be reasonable for these purposes
only. Nothing herein shall authorize you
to create any database, directory or hard
copy publication of or from the databases,
whether for internal or external distribution
or use.
Links and Marks
The owner of this
site is not necessarily affiliated with
sites that may be linked to this site and
is not responsible for their content. The
linked sites are for your convenience only
and you access them at your own risk. Links
to other websites or references to products,
services or publications other than those
of Simply Spa and its subsidiaries and affiliates
at this website, do not imply the endorsement
or approval of such websites, products,
services or publications by Simply Spa or
its subsidiaries and affiliates.
Certain names, graphics,
logos, icons, designs, words, titles or
phrases at this website may constitute trade
names, trademarks or service marks of Simply
Spa or of other entities. The display of
trademarks on this website does not imply
that a license of any kind has been granted.
Any unauthorized downloading, re-transmission,
or other copying of modification of trademarks
and/or the contents herein may be a violation
of federal common law trademark and/or copyright
laws and could subject the copier to legal
action.
Confidentiality of
Codes, Passwords and Information
You agree to treat
as strictly private and confidential any
Subscriber Code, username, user ID, or password
which you may have received from Simply
Spa, and all information to which you have
access through password-protected areas
of Simply Spa's websites and will not cause
or permit any such information to be communicated,
copied or otherwise divulged to any other
person whatsoever.
Other Legal Stuff
These Terms of Use
will apply to every access to Simply Spa.
Simply Spa reserves the right to issue revisions
to these Terms of Use by publishing a revised
version of this document on this site: that
version will then apply to all use by you
following the date of publication. Each
access of information from Simply Spa will
be a separate, discrete transaction based
on the then prevailing terms.
This Terms of Use
and the license granted may not be assigned
or sublet by you without Simply Spa's written
consent in advance.
These Terms of Use
shall be governed by, construed and enforced
in accordance with the laws of the Ohio,
as it is applied to agreements entered into
and to be performed entirely within such
jurisdiction.
To the extent you
have in any manner violated or threatened
to violate Simply Spa and/or its affiliates'
intellectual property rights, Simply Spa
and/or its affiliates may seek injunctive
or other appropriate relief in any state
or federal court in the State of Ohio, and
you consent to exclusive jurisdiction and
venue in such courts.
Any other disputes
will be resolved as follows:
If a dispute arises
under this agreement, we agree to first
try to resolve it with the help of a mutually
agreed-upon mediator in the following location:
Licking County, Ohio. Any costs and fees
other than attorney fees associated with
the mediation will be shared equally by
each of us.
If it proves impossible
to arrive at a mutually satisfactory solution
through mediation, we agree to submit the
dispute to binding arbitration at the following
location: Licking County, Ohio, under the
rules of the American Arbitration Association.
Judgment upon the award rendered by the
arbitration may be entered in any court
with jurisdiction to do so.
If any provision
of this agreement is void or unenforceable
in whole or in part, the remaining provisions
of this Agreement shall not be affected
thereby.
Termination
These Terms of Use
agreement are effective until terminated
by either party. You may terminate this
agreement at any time by destroying all
materials obtained from any and all Simply
Spa site(s) and all related documentation
and all copies and installations thereof,
whether made under the terms of this agreement
or otherwise. This agreement will terminate
immediately without notice at Simply Spa's
sole discretion, should you fail to comply
with any term or provision of this agreement.
Upon termination, you must destroy all materials
obtained from this site and any and all
other Simply Spa site(s) and all copies
thereof, whether made under the terms of
this agreement or otherwise.