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Terms of Use and
Conditions
Please read these Terms of Use
and Conditions carefully before using or obtaining any
materials, information, products, or services through Body
Therapy Services (www.bodytherapyservices.com).
By accessing Body Therapy Services' Web site, you agree to
accept, without limitation or qualification, all of these
Terms and Conditions. If you do not accept these Terms and
Conditions, please exit the Body Therapy Services Web site
immediately.
Ownership
Body Therapy Services (www.bodytherapyservices.com)
and the Web sites for individual locations accessed through
Body Therapy Services' Web Site (collectively, the "Web
Sites") offer information on properties managed, franchised,
or operated by Body Therapy Services and its affiliates
(collectively, "we" or "us"), products offered by us, and
other general information. Access to and use of the Web
Sites is subject to any specific terms and conditions set
forth on the individual pages within the Web Sites and these
Terms and Conditions (collectively, the "Terms"), and all
applicable laws and regulations, including laws and
regulations governing copyright and trademark. We reserve
the right at any time to change any of the terms and
conditions contained herein or any information contained in
the Web Sites. Any such changes will appear on the
individual pages of the Web Sites and/or on this screen. By
using the Web Sites, you agree in advance to accept any such
changes.
Privacy
Your use of the Web Sites is
subject to our
Privacy Policy.
You should be
aware that if you voluntarily disclose personal information
(for example, user name, email address) on a bulletin board,
chat room, or on any other user- or member- generated pages,
that information can be collected and used by others and may
result in unsolicited messages from other parties.
Use of Website (www.bodytherapyservices.com)
You may only use the Web Sites
if you are at least 18 years of age and can enter into
binding contracts (our site is not available for use by
minors). You are responsible for maintaining the secrecy of
your passwords, login, and account information. You will be
financially accountable for all uses of the Web Sites by you
and anyone using your password and login information. You
may only use the Web Sites to make legitimate applications,
reservations, or purchases. You may not use the Web Sites to
make any false, fraudulent, or speculative application or
reservation or any application or reservation in
anticipation of demand; to post or transmit any unlawful,
threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic, or profane material or any
material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law; or for any other
purpose that is unlawful or prohibited by these Terms and
Conditions. We may, at any time and without advance notice
or liability, terminate or restrict your access to all or
any component of the Web Sites.
Promotional Information
We may make
information regarding specific programs, offers, or
promotions that we are conducting available on the Web
Sites. Any such program, offer, or promotion is subject to
the specific terms, conditions, and restrictions listed on
the Web Sites in connection with such program, offer, or
promotion. We reserve the right to alter or withdraw any
program, offer, or promotion at any time. Each program,
offer, and promotion is void where prohibited by law. Please
refer to and read carefully the terms, conditions, and
restrictions included on the Web Sites in connection with
each program, offer, or promotion.
Availability
The Web Sites
are available worldwide to anyone with Internet access.
However, the Web Sites may not be continuously available due
to maintenance or repairs or to computer problems or
crashes, disruption in Internet service or other unforeseen
circumstances. The Web Sites contain information on our
products and services, not all of which are available in
every location. A reference to a product or service on the
Web Sites does not imply that such product or service is or
will be available in your location. The content of the Web
Sites, including advertising content, is intended for use
and display only where its use and display are permissible
in accordance with applicable laws and regulations. Each
product or service is void where prohibited by law.
General
The Terms apply
to your use of the Web Sites, including all transactions you
effect through the Web Sites. If a court finds any of the
Terms to be unenforceable or invalid, the unenforceable or
invalid Term will be enforced to the fullest extent
permitted by applicable law and the other Terms will remain
valid and enforceable. The Terms, together with our Privacy
Policy and the items made a part of these Terms by
reference, make up the entire agreement between us relating
to your use of the Web Sites, and replaces any prior
understandings or agreements (whether oral or written)
regarding your use of the Web Sites.
Warranty Disclaimer
Your use of the Web Sites is at
your own risk. The Web Sites contain information, facts, and
opinions from various individuals and organizations. The Web
Sites are provided on an "as is" basis without warranties of
any kind, either express or implied, including but not
limited to warranties of title or implied warranties of
merchantability or fitness for a particular purpose, other
than those warranties which are imposed by and incapable of
exclusion, restriction or modification under the laws
applicable to this agreement. Neither Body Therapy Services
nor its affiliates, agents, and representatives endorse or
are responsible for the accuracy or reliability of any
opinion, advice, or statement on the service or the sites.
Limitation of Liability
Neither we nor any of our
subsidiaries, divisions, affiliates, agents,
representatives, or licensors shall be liable to you or
anyone else for any loss or injury or any direct, indirect,
incidental, consequential, special, punitive, or similar
damages arising out of your access or use of, or your
inability to access or use, the Web Sites or any materials,
opinions, or recommendations of third parties on the Web
sites. This limitation applies whether the alleged liability
is based on contract, tort, negligence, strict liability, or
any other basis, even if we have been advised of the
possibility of such damage. In jurisdictions that do not
allow the exclusion or limitation of incidental or
consequential damages, our liability in such jurisdictions
shall be limited to the extent permitted by law. You hereby
waive any and all claims against us and our subsidiaries,
divisions, affiliates, agents, representatives, and
licensors arising out of your use of the Web Sites or any
materials, opinions or recommendations of third parties on
the web sites.
Links
We do not review or monitor any
Web sites linked to the Web Sites and are not responsible
for the content of any such linked Web sites. Your linking
to such Web sites is at your own risk. In addition, you
agree not to link your Web site or any other third-party Web
site to the Web Sites without our express prior written
consent.
Governing Law and Choice of Forum
These Terms and
Conditions and any disputes arising out of or related to the
Web Sites or use of the Web Sites, shall be governed by,
construed, and enforced in accordance with the laws of the
State of California, without regard to its conflict-of-laws
rules. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these
Terms and Conditions or your use of the Web Sites shall be
filed only in the state or federal courts located in the
State of California, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action.
Questions or comments regarding the Web Sites and the
information contained in the Web Sites should be directed to
webmaster@bodytherapyservices.com.
Any communication or material transmitted to us via the Web
Sites or e-mail is transmitted on a non confidential basis.
Copyrights and Trademarks
The content included on the Web
Sites, including but not limited to text, software,
photographs, graphics, illustrations and artwork, video,
music and sound, and names, logos, trademarks and service
marks, are the property of Body Therapy Services or its
licensors or suppliers and are protected by copyright,
trademark, and other laws. You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast, or circulate any such material for any
purpose other than personal, non-commercial use (or
legitimate activities of a language school or other school,
an agent of a language school or other school, a travel
agent or travel professional) without our written
permission. To request such permission, send email to
webmaster@bodytherapyservices.com,
including your name, address, and a description of the
purpose of your intended distribution and the information
you would like to distribute.
© 2004 Body Therapy
Services. All Rights Reserved. Information subject to change
without notice.
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