Fine Print

Terms of Service

For Consumers Making Purchases on Spa Emergency

Last Updated: 8.25.2006

These Terms of Service (TOS), along with our Acceptable Use Policy (AUP), and Privacy Statement, both herein incorporated by reference, provide a set of policies and conditions that bind us.

Sevence, LLC, d/b/a Spa Emergency (and its sister companies, collectively referred to as “Spa Emergency,” "Company," "we," "our," or "us") is an aggregation service which facilitates transactions between the organizations who list and sell on Spa Emergency (“Listing Organizations”), and consumers who make purchases through Spa Emergency (“Consumers”), collectively “Customers.” Spa Emergency does not conduct transactions for itself with Consumers. Consumers, when making purchases with any particular Listing Organization, will be subject to the specific Terms of Service and Privacy Policy in effect for the relevant Listing Organization.

Consumers are urged to always read the Terms of Service and Privacy Policy of any Listing Organization they wish to do business with, as Spa Emergency expressly disclaims any and all liability resulting from the transactions between Consumer and the Listing Organizations.

For questions, comments or suggestions, please contact us at:

Sevence, LLC, d/b/a Spa Emergency
P.O. Box 35160
Albuquerque, NM 87176
Toll-Free: 800.940.0458
Fax: 505.212.0458
www.spaemergency.com

BY ACCESSING OR USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE.

The Plain Meaning

We bet you hate legal contracts as much as we do. Unfortunately, one of our employees is an attorney, and insists on legal-sounding mish-mash to protect the company. So, if you’re a gluten for punishment – our attorney says we need to advise you to read the whole agreement – go ahead. For those of you who like the “Cliff Notes,” here’s the basic gist of what we want:

  • You won’t use our services for illegal or immoral purposes.
  • You understand that Spa Emergency is just a listing service, and does not control how each organization listed on Spa Emergency conducts itself or its business.
  • You agree that Spa Emergency cannot be held responsible for any misunderstanding between you and the organization you purchase from. Of course, if you have a problem, please tell us and we’ll look into the problem and determine whether we should remove that organization from our listing service.
  • You will not duplicate our database of organizations, nor use Spa Emergency for anything other than finding and buying from organizations listed on Spa Emergency.

Why the lawyers can’t speak in such simple terms is beyond us, but oh … our attorney said to say that the language below overrides any conflict between our gist above and the legal-sounding mish-mash below.

Definitions

  1. “Work Product” means, the database, the data contained within the database, the compilation of organizations, copyrights, look-and-feel, layout, programming, material, designs, discoveries, products, programs, routines, procedures, processes, formulas, know-how, techniques, improvements, developments, drawings, notes, documents, templates, images or elements within a design, font styles, images within fonts or elements, information and materials made, conceived or developed by Spa Emergency alone or with others in the performance of the Services contracted, including without limitation, any and all materials provided to you hereunder by Spa Emergency.
  2. ”Services” means any and all Work Product, functionality, advice, consulting or other work or efforts expended, loaned, leased, rented, given or otherwise provided to you by Spa Emergency, whether over the Internet or otherwise.

Spa Emergency Responsibilities

  1. Maintenance. Spa Emergency shall be responsible for maintaining Services; and shall strive to keep all functionality and sensitive data secure; and shall issue updates from time to time.
  2. Support. Spa Emergency shall be responsible for providing documentation, training, support and access to Services.
  3. Consumer Data. Spa Emergency agrees to not sell or intentionally release Consumer data, except to the Listing Organizations a Consumer conducts business with, third-party vendors as may be necessary to provide Services, or as required by law or compelled by court order.

Your Responsibilities

  1. Read the Fine Print. Each Listing Organization has its own Terms and Conditions, affecting a variety of aspects of any transaction conducted with them. For example, a variety of important attributes of gift certificates can vary from one Listing Organization to another, including but not limited to the expiration date, refund policy and cancellation policy.
  2. Seek Remedies with the Organization You Do Business With. You agree that Spa Emergency are not responsible for any disputed business transaction/s resulting from your online and e-commerce activities with any of the Listing Organizations.
  3. Timely Reporting of Problems. You agree to notify Spa Emergency as quickly as practical, when you become aware of any critical failure in Services or breach of security.
  4. Adherence to Spa Emergency’s Online TOS and AUP. You agree to read and abide by these Terms of Service and the AUP located on our website. You acknowledge that these agreements are intended to protect the quiet enjoyment of Services for all Spa Emergency customers, and that a violation of either of these agreements could result in immediate termination of Services without notice to you. You further agree that we may amend or make modifications to our Terms of Service and AUP from time to time and without notice to you.

Fees and Payment Policies for Listing Organizations

  1. Fees. You agree to pay the relevant Listing Organization(s) for any and all products or Services you purchase through Spa Emergency.
  2. Payment by Credit Card. You hereby grant the relevant Listing Organization(s) permission to charge your credit card for any and all products or Services you purchase through Spa Emergency.

Consumer Data

  1. Consumer Data. You agree Spa Emergency may include your data as part of data aggregation for its own purposes, however under no circumstances shall aggregation include information that personally identifies you.
  2. Unified Login. You understand and agree that any signup and/or login necessary for Services may feed, relate, participate, coordinate or share a larger Consumer database maintained by Spa Emergency, its third-party vendors or its business partners.

Complaints Against Our Listing Organizations

Generally speaking, unless we are required by law, we respond to third-party complaints or notices by submitting the information to the relevant Listing Organization and asking them to respond appropriately.

We do not monitor the inventory, website content or email of the Listing Organizations, nor do we take responsibility for the content or information contained on their websites or emails. In limited situations, as outlined in these Terms of Service, we may review the inventory, website content or email to validate compliance with our AUP.

We will use our best judgment in determining the sufficiency and adequacy of subpoenas, and you agree we are not liable to you in instances were we comply with a subpoena, and it later turns out the subpoena was improper, not legally sufficient or not adequate.

Emergencies & Use Affecting Others

We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to websites, shut down our network, or review the content or inventory on a website.

Delegation of Duties

We reserve the right to delegate the rights or duties of these Terms of Service to a third-party, as well as transfer your account in the sale of assets or accounts to another organization. You agree that your Contract for Services may be transferred by us to another without limitation, and your duties and obligations under these Terms of Service shall not diminish under any circumstances involving a change of control, forfeiture, exchange of assets or bankruptcy (hereinafter “Change of Control”) where performance for Services is the same, or substantially similar to, Services before the Change of Control occurred.

Indemnity, Warranty and Liability

  1. Indemnity for Transaction. You shall, at your expense, defend and fully indemnify and hold us harmless against any and all claims or harms resulting from your use of our Services, allegations of fraud, misrepresentation, non-performance or non-delivery by the relevant Listing Organization; and any other manner or means of harm, expense, penalty, tax, or punitive or compensatory measure resulting from the transactions between you and the relevant Listing Organization, regardless of (1) whether or not Spa Emergency had knowledge of, or should have known, of the claim or harm; (2) whether Spa Emergency had been notified of the claim or harm; (3) whether Spa Emergency could have taken action to mitigate the claim or harm; or (4) whether Spa Emergency contributed or factored in the claim or harm.
  2. Indemnification Procedures. If either Party becomes aware of a claim which may require indemnification, the indemnified Party will promptly notify the other Party in writing of the claim and will allow the other Party to assume full control of the defense and settlement of the claim. The indemnified Party will provide the other Party with the assistance and information necessary to defend and settle the claim.
  3. Warranty. Each Party represents and warrants to the other Party that it has the full power, right and authority to enter into and perform a relationship with the other Party. Spa Emergency further represents and warrants that Services will be performed in a professional manner, consistent with generally accepted industry standards. For any breach of such warranty, your exclusive remedy and Spa Emergency’s entire liability shall be the re-performance of the Services. You must request such remedy from Spa Emergency in writing not more than fifteen (15) business days following the completion of the Services. You warrant that you own or have the right to provide to Spa Emergency any Confidential Information. EXCEPT AS SET FORTH IN THIS SECTION, SPA EMERGENCY MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND WORK PRODUCT, INCLUDING THE RESULTS AND PERFORMANCE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR LEGAL COMPLIANCE.
  4. Limitation of Liability. THE MAXIMUM LIABILITY OF SPA EMERGENCY TO YOU FOR DAMAGES RELATING TO SPA EMERGENCY’S FAILURE TO PERFORM SERVICES HEREUNDER SHALL BE LIMITED TO REIMBURSEMENT OF ANY FEES PAID BY YOU TO SPA EMERGENCY. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF SPA EMERGENCY TO YOU FOR DAMAGES FOR ANY AND ALL OTHER CAUSES WHATSOEVER, AND COMPANY’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY YOU TO SPA EMERGENCY. IN NO EVENT SHALL SPA EMERGENCY BE LIABLE FOR (i) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF SPA EMERGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, OR (ii) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPA EMERGENCY SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Miscellaneous

  1. Severability. In the event any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
  2. Governing Law. This Agreement shall be construed in accordance with the laws of the State of New Mexico, excluding conflict of laws provisions, applicable to agreements made and fully performed therein.
  3. Waiver. The failure by either Party to enforce, at any time, any of the provisions of this Agreement, or to exercise any election or option provided herein, shall in no way be construed as a waiver of such provisions or options, nor in any way to affect the validity of this Agreement or any part thereof, or the right of either Party thereafter to enforce each and every such provision.
  4. Notice. All notices, requests, consents and other communications required or permitted under these Terms of Service shall be in writing and shall be sent by email, or registered or certified mail, postage prepaid or transmitted by telegram or telefax if confirmed by such mailing, to you or Spa Emergency. Either Party may change its address by written notice to the other.
  5. Force Majeure. Either Party will be excused from any delay or failure in performance hereunder, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, disruptions of Internet service, and governmental requirements. The obligations and rights of the Party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay; provided that such Party will give notice of such force majeure event to the other Party as soon as reasonably possible.