Terms and Conditions
TERMS AND CONDITIONS OF WEBSITE USE
Spa Botanica is operated by Atrium Hospitality LP (together with any owner of the hotel hosting a Spa Botanic and any affiliates of the hotel owner or operator associated with the hotel or the services or products described in this website, “we,” “us,” or “our”). We maintain this website to provide you with information about the spa and to enable you to make reservations for and receive information about services and products offered with respect to the spa.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Please read these Terms and Conditions (this “Agreement”) carefully before using this website. Do not use this website if you do not agree to each and every term and condition of this Agreement. By accessing, using and/or continuing to access or use this website, you agree, on behalf of yourself and all other persons that will visiting the Spa with you as your guest (collectively, “Your Guests”), to be bound by this Agreement in its entirety without change. In such regard, you will be responsible for any non-compliance by Your Guests with the provisions of this Agreement or their use of any of the products, services or facilities pursuant to any reservation made pursuant to your use of this website. No attempt by you to modify this Agreement, whether by inclusion of any statement or qualification in any submission by you or otherwise, shall be effective modify, amend or otherwise circumvent or contradict any term or provision of this Agreement. This Agreement is between us and you, as the user. If you are using the website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement and included in the term “you” wherever used in this Agreement. You and we are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties”.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other materials on this website. While we strive to keep the information on this website accurate, complete and up to date, we and our representatives cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information or services on the website.
The services or information of and offered on this website are available only to individuals who can form legally binding agreements. Accordingly, if you are under the age of 18 or otherwise not able to form a legally binding agreement, you cannot use this website. By accessing or using this website you represent and warrant that you are of sufficient age and capacity to create legally binding obligations, including without limitation, to be bound to the Agreement and any reservations or other transactions that derive from your use of this website. If you are making reservations or taking other actions for or on behalf of another person or entity, you represent and warrant that you have authority to bind such other person or entity with respect to such matters.
All provisions and conditions of this Agreement limiting or restricting the use of this website also apply to your access and use of any of our related web pages, networks and systems.
We reserve the right in our sole discretion to revoke or deny your access and any of Your Guests access to this website and any use of or access to the Spa, or the associated products or services if you or any of Your Guests violate any of the provisions or conditions of this Agreement or any of policies of the Spa.
We reserve the right in our sole discretion to make changes to this Agreement, and to the information, services, products, and other materials on this website, or suspend or terminate this website, from time to time without notice. Accordingly, you agree to review this Agreement periodically. Your continued access or use of this website will be deemed your acceptance of the modified Agreement. Unless expressly provided otherwise, such changes shall take effect immediately upon posting. Please bear in mind that the information, services, products and other materials mentioned in this Agreement or on this website may change or not be available in the future.
Protecting your information is important to us. We have established guidelines for general privacy practices and principles that apply to information we collect through this website.
We do not intentionally collect information from persons under the age of eighteen (18). If you are under the age of eighteen (18), do not use this website.
Noncommercial Use Limitation
We may provide information and reservation services concerning the Spa, its facilities and associated products and services (“services or information”). We grant you access to this website during the term of this Agreement solely to receive the services or information. You may access, download, and print materials solely for non-commercial individual use as necessary to receive the services or information. You may not license, copy, distribute, create derivative works from, frame in another web page, use on any other website, or sell any information, databases, or lists obtained from this website.
All materials on this website (as well as the organization and layout of the website) are owned and trademarked, copyrighted and/or licensed by, or used with permission that is granted to, us. No reproduction, distribution, or transmission of the trademarked or copyrighted materials at this website is permitted without our prior written permission. Trademarks and copyrights that are licensed to us are the property of their respective owners.
We respect the intellectual property rights of others. We may, in appropriate circumstances and at our sole discretion, terminate your access if we have reason to believe you are infringing the copyrights or intellectual property rights of us or others with respect to your use or access of this website.
The terms and conditions in this Spa Reservations section are in addition to terms and conditions specified elsewhere in this website concerning reservations:
Cancellation policies may vary with the type of reservation. Make sure to review the cancellation policy applicable to your reservation before confirming the reservation.
We reserve the right to cancel any reservation where it appears that (a) you or any of Your Guests have engaged in fraudulent or inappropriate activity, or (b) the reservation(s) appear to contain or result from a mistake or error, or to have been made in violation or circumvention of this Agreement (or any other Spa policies). This includes our right to cancel any reservation that was not made in good faith by you or Your Guests, including without limitation any reservation done with the intent of, or actually involving, a reselling or assigning of reservations, the posting on information from the website or reservations on third party websites, or the making of any speculative, false or fraudulent reservations, or any reservations made in anticipation of demand as opposed to for actual planned use by you and Your Guests.
Damage to Spa
You agree with respect to any reservation made by you that you will be responsible for any damage to the Spa caused by the negligent or willful acts or omissions of you or Your Guests. To the extent you provide the Spa with a credit card, you agree that we can, among our other remedies, charge such credit card for all or part of the costs of repair.
Inaccuracies and Errors
This website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by or resulting in whole or in part from such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to any information provided in this website, and to the products and programs described on this website, at any time without notice, including after confirmation of a transaction.
If you use this website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your username or password. If your status as a user of this website is terminated, you will (i) immediately stop using the website and any information obtained from the website, and (ii) destroy all copies of your account information, password and any information obtained from this website.
No Unlawful or Prohibited Use
As a condition of your use of this website, you warrant to us that you will comply with the terms and conditions of this Agreement. If you violate any of these terms or conditions, (a) you may have liability to us for such violation, and (b) your permission to use this website will automatically terminate.
You will not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on or accessed through this website. You will not republish our content or other content from this website on another website or use in-line or other linking to display such content without our prior written permission. You will not use this website for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind.
You will not introduce viruses, worms, Trojan horse, spyware, or other malicious or unauthorized code to this website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access this website is virus free. You will not probe, scan, test the vulnerability of or breach the authentication measures of this website.
You will not use or access this website in any way that, in our sole judgment, adversely affects the performance or function of the website or interferes with the ability of authorized parties to access the website, including but not limited to any action that imposes, or may impose, in our sole determination, an unreasonable or disproportionately large load on our infrastructure.
To the extent you provide or are requested to provide user information, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission.
In your access and use of this website you will comply with all applicable laws, statutes, ordinances and regulations, including without limitation all privacy and data protection laws.
As United States companies, we are prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries or territories, or terrorists or drug traffickers whose names are published on lists maintained by the United States Government. You warrant that you are not a prohibited person and that you will not arrange for any prohibited person to have a reservation at or otherwise use the Spa. You will not allow any prohibited person to be one of Your Guests.
When you visit this website or send or accept electronic messages through or by accessing this website, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit or post such electronic communication. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of this website. You further acknowledge that we may charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, email us our affiliate at email@example.com.
We are not responsible or liable for communication errors, failures or other malfunctions, or lost, stolen or misdirected transactions, transmissions, information, messages or entries, or for the security of any such communications. In no event shall we be responsible for any damages that may arise as a result of any reservation or other arrangement you may request or pursue using the website which is not processed or accepted for any reason.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE WEBSITE.INFORMATION STORED BY US IS INTENDED FOR USE ONLY BY THE APPLICABLE SPA GUEST. ANY UNAUTHORIZED ACCESS TO, REVIEW, TRANSMISSION, DISSEMINATION, DISTRIBUTION OR DUPLICATION OF COMMUNICATIONS PROCESSED THROUGHT THE WEBSITE OR STORED BY US IS STRICTLY PROHIBITED AND IS A VIOLATION OF THIS AGREEMENT AND THE ELECTRONIC COMMUNICATIONS PRIVACY ACT.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OBTAINING OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW WE AND THE OTHER SPA PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, INABILITY TO USE, OR RESULTS OF ANY USE OF THE WEBSITE OR SERVICES OR INFORMATION; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON, THROUGH OR USING THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE OR SERVICES OR INFORMATION; OR (v) YOUR USE AND YOUR GUESTS’ USE OF THE SPA AND/OR ANY SPA SERVICES AND AMENITIES; AND (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE PRODUCTS OR SERVICES DESCRIBED THEREIN.
IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100.00, WHICHEVER IS GREATER.
ANY CLAIM OR ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR ANY SERVICES OR INFORMATION, OR OTHERWISE WITH RESPECT TO ANY RESERVATIONS OR USE OF THE SPA (INCLUDING ANY SPA SERVICES AND AMENITIES) MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE FIRST OCCURRENCE OF THE FACTS GIVING RISE TO SUCH CLAIM OR ACTION, OR SUCH CLAIM OR ACTION SHALL BE BARRED. THIS ONE-YEAR LIMITATION SHALL NOT APPLY TO CLAIMS WE ARE PERMITTED UNDER THIS AGREEMENT TO BRING FOR EQUITABLE OR INJUNCTIVE RELIEF.
If and to the extent applicable law does not allow these limitations on liability to apply to a claim of liability against any of the Spa Parties for death or personal injury or otherwise, this limitations on liability section shall, solely to such extent, not apply to that circumstance.
To the fullest extent permitted by applicable law, you shall defend us, our affiliates, and our and their respective partners, members, trustees, officers, employees, agents and representatives (collectively, the “Spa Parties”) against any demands, claims or actions brought against us or them arising as a result of any breach or violation of this Agreement by you or Your Guests (“Claim”) and you shall indemnify and hold us and the other Spa Parties harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations to attempt to resolve such Claim.
Links to Third Party Sites
Links to this website
Use of Submissions
Should you provide with information including feedback or data such as questions, comments, ideas, suggestions or the like regarding the content of this website or any products or services described therein, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, modify, adapt and distribute the information to others without restriction or limitation, and without any compensation to you whatsoever. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. By providing or submitting items to us as described in this paragraph, you automatically grant, or warrant that the owner of such materials expressly granted, us a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license for the purposes described in this paragraph. If you do not want to provide us such rights, do not provide or make any such responses or submissions.
Dispute Resolution, Class Action Waiver
Before either Party initiates binding arbitration, the Parties shall, with respect to matters for which arbitration is required as set forth below, first engage in a good faith attempt to resolve a Dispute (as defined below) through the informal dispute resolution procedures set forth in this paragraph (“Informal Dispute Resolution”). To commence Informal Dispute Resolution, a Party must provide written notice to the other of the intent to initiate an Informal Dispute Resolution. Upon receipt of such written notice, we will appoint a representative from our management team to meet and confer with you or your representative, either telephonically or through videoconference, within forty-five (45) days after the notice or such longer period of time as the Parties may agree, in a good faith effort to resolve the Dispute. In the event the Dispute is not resolved through Informal Dispute Resolution within sixty (60) days after the notice commencing the Informal Dispute Process, or such longer period of time as the Parties may agree, either Party shall have the right to initiate binding arbitration as provided below.
To the fullest extent permitted by applicable law and except for our right under proper circumstances to seek temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (as described below) or pursue collection of a debt: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with (a) the website or the products or services provided or described on the website, (b) any reservation made at the Spa, and/or (c) your presence at the Spa as a guest or invitee, and whether concerning you or Your Guests, (a “Dispute”) that is not resolved by Informal Dispute Resolution will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) this arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration will be held at the AAA regional office located in or closest to the county in which the Spa is located; (4) the arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) the arbitrator will apply the law of the State in which the Spa is located, without reference to principles of conflicts of law, consistent with the FAA; (6) the arbitrator will apply applicable statutes of limitations and honor claims of privilege recognized at law; (7) there will be no authority for any claims to be arbitrated on a class or representative basis (arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated); (8) the arbitrator will not have the power to award special or punitive damages against any party; (9) in the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, we retain the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we retain the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (10) if any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator may include in his or her award attorneys’ fees and costs for the prevailing party. Other than as may be required by law or to enforce any arbitration decision, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the Parties. The award of the arbitrator shall be conclusive and binding upon the Parties and judgment upon the award may be entered in any court of competent jurisdiction.
YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS AGREEMENT, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE POSSIBLE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THE PRECEDING PARAGRAPH.
If and to the extent applicable law does not allow this dispute resolution or arbitration process to apply to a claim of liability against any of the Spa Parties for death or personal injury or otherwise, this dispute resolution section shall, solely to such extent, not apply to that circumstance.
Either Party shall have the right to petition a court to require enforcement of the Dispute Resolutions procedures of this Agreement or to enforce or execute upon any determination made by an arbitrator in binding arbitration pursuant to this Agreement. In addition, we shall have the right to seek, in proper circumstances, temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief. Such circumstances would include, without limitation, Disputes that (a) concern ours or a third-party’s copyrights, trademarks or other proprietary rights, (b) may affect our ability to serve other Spa guests, or (c) may create a risk of harm to any persons or property or a risk that we might incur liability to a third-party.
Unless another location is necessary to obtain jurisdiction over you or to enforce an arbitration determination, any such action shall be filed only in (a) United States District Court for the jurisdiction in which the Spa is located, or (b) if there is no federal jurisdiction over the action, in the courts of the State (and for the County) in which the Spa is located. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVE ANY RIGHT IT MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Governing Law and Jurisdiction
This Agreement and the resolution of any Dispute related to this Agreement, the services or information, or this website will be governed by and construed in accordance with the laws of the State in which the Spa is located, without giving effect to any principles of conflicts of law.
If any term or provision of this Agreement is determined to be illegal, invalid or unenforceable at any time in any jurisdiction, such term or provision shall not affect the legality, validity or enforceability of any other terms or provisions of this Agreement, or the legality, validity or enforceability of such affected term or provision at any other time or in any other circumstance, or in any other jurisdiction.
This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. Failure by us to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right.
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