Terms and Conditions
Welcome to the InSpa Corporation (InSpa.com) web site (the "Site").
InSpa Corporation and the brands available on our site (the "Site
Brands") provide the products and services available on the
Site to you subject to the following terms and conditions (the "Terms
and Conditions"). By accessing and using the Site, you are
acknowledging that you have read, understand, accept without limitation
or qualification and agree to be bound by, these Terms and Conditions.
visit to the Site, so that you may understand our privacy practices.
InSpa Corporation and the Site Brands attempt to be as accurate
as possible when describing products; however, neither InSpa Corporation
nor the Site Brands warrant that product descriptions or other
content available on the Site is accurate, complete, reliable,
current, or error-free. If a product offered on the Site is not
as described, your sole remedy is to return it in unused condition.
All content and technology available on or underlying the Site,
such as text, graphics, logos, button icons, images, audio clips,
data compilations, and software (the "Content") are
the property of InSpa Corporation, the Site Brands, or their respective
content suppliers and technology and service providers ("Providers"),
and are protected by United States and International copyright
laws. The compilation of all content on this Site is the exclusive
property of InSpa Corporation and protected by United States and
international copyright laws.
The other trademarks, logos, service marks, trade names and trade
dress displayed on the Site (collectively the "Trademarks")
are the registered and unregistered marks of InSpa Corporation
or the Site Brands. All other trademarks not owned by InSpa Corporation
or the Site Brands that appear on this site are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by InSpa.com or the Site Brands.
Except as set forth in the limited license in Section 4 below,
neither the Site, the Trademarks, nor any portion of the Site
may be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any purpose without the prior written
consent of InSpa Corporation.
InSpa Corporation grants you a limited, revocable, and non-exclusive
license to access and make personal use of the Site. You may not
frame or utilize framing techniques to enclose the Site or any
portion thereof without InSpa Corporation's prior written consent.
The limited license set forth in this Section 4 does not include
the right to: (i) modify or download the Site or its contents
(except caching); (ii) make any use of the Site or its Content
other than personal use; (iii) create any derivative work based
upon either the Site or its Content; (iv) collect account information
for the benefit of another party; (v) use any meta tags or any
other "hidden text" utilizing our name or the Trademarks
without our express written consent; or (vi) use software robots,
spiders, crawlers, or similar data gathering and extraction tools,
or take any other action that may impose an unreasonable burden
or load on our infrastructure. You are granted a limited, revocable,
and non-exclusive right to create a hyperlink to the Site’s
home page so long as the link does not portray InSpa Corporation
or any Site Brands in a false, misleading, derogatory or otherwise
offensive manner. You may not use InSpa Corporation’s logo,
registered trademark or any other proprietary graphic, trademark
or service mark without the express written consent of InSpa Corporation.
Any unauthorized use by you of the Site terminates the limited
license set forth in this Section 4.
If you use the Site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password. If you are accessing
and using the Site on someone else's behalf, you represent that
you have the authority to bind that person as a principal to all
terms and conditions provided herein, and you agree to accept
liability for harm caused by that person's wrongful use of the
Site. InSpa.com and the Site Brands reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel
your account or any orders placed from your account for any reason,
in their sole discretion.
Third Party Links
InSpa Corporation, the Site Brands and the Providers are not responsible
for the content of any off-Site pages or any other sites linked
to the Site. Links appearing on the Site are not an endorsement
by InSpa.com or the Site Brands of the referenced content, product,
service, or supplier. Your linking to or from any other off-Site
pages or other sites is at your own risk. InSpa Corporation, the
Site Brands and the Providers are not in any way responsible for
examining or evaluating, the offerings of off-Site pages or any
other sites linked to the Site, do not expressly or impliedly
warrant such offerings of such pages or sites, and hereby disclaim
any such warranty, or assume any responsibility or liability for
the actions, products, or content of such pages and sites, including,
without limitation, their privacy statements and conditions of
use. You should carefully review the conditions of use, privacy
statements and other information of all off-Site pages and sites.
InSpa Corporation, the Site Brands and the Providers hereby disclaim
and shall not be responsible or liable for any loss or damages
of any sort incurred as a result of dealings with or the presence
of off-Site links on this Site, nor be responsible or liable for
any computer viruses, system failure, malfunction, or other adverse
consequence which may arise out of or relate to hyperlink to third
Unsolicited Idea Submission
You acknowledge and agree that InSpa Corporation and the Site
Brands are free to use any unsolicited ideas, concepts or know-how
submitted by you for any purpose whatsoever, including but not
limited to developing, manufacturing, distributing and marketing
products or services using such information, without compensation
This Site is not intended for children under the age of 18. If
you are under 18, you may use the Site only with the consent and
participation pf a parent or guardian.
Product Sales and Availability; Pricing
All products displayed on this site will be delivered only within
the United States. All prices displayed on the site are quoted
in U.S. Dollars and are valid and effective only in the United
States. InSpa Corporation reserves the right without prior notice
to discontinue or change specifications or prices on products
and services offered on this site without incurring any obligations.
As to InSpa Corporation products only, your credit card is not
charged until your order has been placed in our shipping process.
In the event the price has changed since the time of your order,
or if we have made an error in the price shown on the Site, then
(a) if the product’s or service’s actual (i.e. correct)
price is lower than the stated price, you will be charged the
lower amount, and (b) if the actual price is higher than the stated
price, we will, in our sole discretion, either contact you to
determine whether you wish to continue with the order or cancel
your order and notify you of such cancellation.
Inventory Availability and Back Orders
Inventory information is available for all products. This information
can be used to estimate the likelihood that a product will be
shipped immediately after you place your order. Unfortunately,
we cannot guarantee that a product listed as "in stock"
will actually ship right away, as inventory can change significantly
from day to day. In rare cases, a product may be in stock when
you place your order, and sold out by the time your order is processed.
Should this happen, we will use our best efforts notify you via
Backordered merchandise includes items that are not currently
in stock. In most cases, these items are on order from the manufacturers.
In some cases, we are researching or waiting for stock information
from one or more of our suppliers. InSpa.com will attempt to get
the item(s) back in stock as soon as possible. If we haven't been
able to locate and ship the item(s) to you in 30 days, an order
status email will be sent to you. If for any reason we determine
that a backordered item is no longer available, we will cancel
the item from your order, notify you via email, and delete the
item from the Site's product offerings. Note: we will never charge
your credit card until the item ships. Your credit card needs
no adjustment upon order cancellation. If you paid by check or
money order and have cancelled your order, InSpa.com will automatically
issue you a refund check. This check will be mailed via the U.S.
Postal Service to the billing address listed in your InSpa.com
Disclaimer of Representations and Warranties; Limitation
THE SITE IS PRESENTED "AS IS” AND “AS AVAILABLE”
NEITHER INSPA CORPORATION NOR THE SITE BRANDS OR ANY OF THE PROVIDERS
MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS,
THE SITE, THE OPERATION OF THE SITE OR ITS CONTENT INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOU AGREE THAT NEITHER INSPA CORPORATION NOR
THE SITE BRANDS OR ANY OF THE PROVIDERS WILL BE LIABLE, UNDER
ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, OR
(d) EVENTS BEYOND THEIR REASONABLE CONTROL.
FURTHER, NEITHER INSPA.COM NOR THE SITE BRANDS OR ANY OF THE PROVIDERS
WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF INSPA CORPORATION, THE SITE
BRANDS AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL INSPA.COM AND THE SITE BRANDS'
AND THE PROVIDERS' MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED
DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
YOU MAY HAVE FURTHER RIGHTS, BUT IN ALL CASES OUR LIABILITY IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification of InSpa Corporation and Site Brands
You agree to defend, indemnify and hold harmless InSpa Corporation,
the Site Brands and the Providers for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any third
party claim, action, or demand related to your use of the Site.
Any dispute, claim or controversy arising from your use of the
Site or these Terms and Conditions (other than an action pertaining
solely to whether amounts due and payable to InSpa Corporation
were actually paid and received) shall be resolved exclusively
by binding arbitration in Seattle, Washington and shall be governed
by the internal laws of the State of Washington without regard
to conflict of law principles. You consent to any such dispute
to mandatory and binding arbitration in Seattle, Washington under
the Commercial Arbitration Rules of the American Arbitration Association;
provided, however, that the American Arbitration Association shall
not administer any arbitration under this Agreement. The arbitration
shall be conducted by an arbitrator who shall be selected in the
following manner: (x) by agreement of the parties in dispute;
or (y) if the parties in dispute cannot agree on an arbitrator
within fourteen (14) days of delivery and receipt of the Arbitration
Notice, the parties shall petition a court of competent jurisdiction
to select the arbitrator, which judicial proceeding shall take
place in a court located in Seattle, Washington. If for any reason
this arbitration provision is not enforceable, then you agree
that venue in any court action will be in Seattle, Washington,
and that the internal laws of the State of Washington without
regard to conflict of law principles shall apply.
You acknowledge and agree that these Terms and Conditions, together
agreement between you and InSpa Corporation concerning your use
of the Site, and supersedes and governs all prior proposals, agreements,
or other communications.
InSpa Corporation reserves the right, in its sole discretion,
to change these Terms and Conditions at any time by posting the
changes on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site constitutes
your agreement to all such changed terms and conditions (together
with all existing and unchanged Terms and Conditions). InSpa Corporation
may, with or without notice, terminate your rights to use the
Site as granted by these Terms and Conditions. You shall comply
immediately with any such notice.
Nothing contained in these Terms and Conditions shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the you and InSpa Corporation or the Site Brands. The
failure of InSpa Corporation to require your performance of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by InSpa
Corporation of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event that any
provision of these Terms and Conditions shall be unenforceable
or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid as
a whole. InSpa Corporation may amend or replace such provision
with one that is valid and enforceable and which achieves, to
the extent possible, the original objectives and intent of InSpa
Corporation as reflected in the original provision. The headings
used in these Terms and Conditions are for convenience only, and
are not a part of the Terms and Conditions and shall not be used
to interpret any provision.
If you have any questions regarding these Terms and Conditions,
please contact firstname.lastname@example.org