Website Usage Agreement

Terms of Use

This website is an online information and communication service provided by Spa Hearth and Home. Please read these Terms of Use carefully before using this site. By using this site, you agree with these Terms of Use. If you do not agree with any of the following Terms of Use, do not use this site. Spa Hearth and Home reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Spa Hearth and Home retains the right to deny access to anyone at its complete discretion for any reason, including for violation of any of these Terms of Use.

Trademarks, Copyrights and Restrictions
This site is controlled and operated by Spa Hearth and Home. All material on this site, including but not limited to images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Spa Hearth and Home or by other parties that have licensed their material to Spa Hearth and Home. Material on www.spahearthandhome.net is solely for your personal, noncommercial use. Such material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means. Use or modification of these materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, noncommercial use without the prior written consent of Spa Hearth and Home is a violation of the copyrights, trademarks, and other proprietary rights of Spa Hearth and Home and is prohibited.

Links
This site may contain links to other websites (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Spa Hearth and Home is not responsible for, and does not endorse, the content of the Linked Sites, whether or not Spa Hearth and Home is affiliated with sponsors of the sites.
Spa Hearth and Home welcomes links to this site. You may establish a hypertext link to this site, provided the link does not state or imply any sponsorship or endorsement of your site by Spa Hearth and Home. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Spa Hearth and Home site, including but not limited to any logos or characters, without the express written consent of Spa Hearth and Home. You may not frame or otherwise incorporate into another website any of the content or other materials on the Spa Hearth and Home site without prior written consent of Spa Hearth and Home.

Disclaimer of Warranties and Liability
The materials on Spa Hearth and Home website are provided “as is” and without warranties of any kind, either express or implied. Spa Hearth and Home disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Spa Hearth and Home nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of Spa Hearth and Home website warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Spa Hearth and Home or the server that makes them available are free of viruses or other harmful components. The material that you read on Spa Hearth and Home website is provided solely for entertainment and promotional purposes. Spa Hearth and Home does not warrant or make any representations regarding the use or the results of the use of the materials in Spa Hearth and Home website in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that use of the Spa Hearth and Home website is at your sole risk. You (and not Spa Hearth and Home) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Spa Hearth and Home, nor its affiliated or related entities, nor any of their respective employees or agents, nor any person or entity involved in the creation, production, and distribution of Spa Hearth and Home website are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Spa Hearth and Home website. By way of example, and without limiting the generality of the foregoing, Spa Hearth and Home and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Spa Hearth and Home is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Indemnification
You agree to indemnify, defend and hold harmless, Spa Hearth and Home, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

Jurisdictional Issues
Unless otherwise specified, the materials in the Spa Hearth and Home website are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Spa Hearth and Home from its offices in the State of Pennsylvania, United States of America. Spa Hearth and Home makes no representation that materials in Spa Hearth and Home website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Spa Hearth and Home bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or federal courts located in Camden, New Jersey, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Spa Hearth and Home.

Privacy
Spa Hearth and Home is very respectful about the privacy concerns of visitors to its site(s) on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain nonpersonal information of visitors is recorded by the standard operation of the Internet servers hosting Spa Hearth and Home website. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), and the domain name of the visitor’s Internet service provider (e.g., America Online, EarthLink). By having this information, web pages optimized for a particular visitor’s computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site, but only in an aggregate and non-personally identifiable form. Email addresses and other personally identifiable data about visitors to this site are known to Spa Hearth and Home only when voluntarily submitted by the user.