Revision Date: May 1, 2013
America's SPA-MART and its parent Sonshine Covers, Inc. (collectively, the "Company") welcome you to our website. Please review the following basic rules that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by those rules.
We may from time to time change the rules that govern your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the rules as changed.
We may change, move or delete portions of, or may add to, our website from time to time.
Trademarks and Servicemarks
America's SPA-MART™ and the following are trademarks of the Company:
Thermal Guardian Premium Spa Covers™
Where Spa Owners Shop SMART!™
All other trademarks, product names, and company names and logos appearing on SPA-MART.com are the property of their respective owners.
Disclaimers and Limitation of Liability
You expressly agree that the use of SPA-MART.com is at your sole risk. You must be 18 years or older to register as a user. Neither the Company, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors ("Licensors"), or the like (collectively, "Associates"), warrant that SPA-MART.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of SPA-MART.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through SPA-MART.com; except where the Company allows 30-day satisfaction guarantee refunds in its Sales Terms and Condtions.
SPA-MART.com is provided on an "as is," "as available" basis, and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by the Company nor its affiliates, nor any of its officers, directors, employees, agents, Providers, Merchants, Sponsors, Licensors, or the like, shall create a warranty.
Under no circumstances shall the Company or any other party involved in creating, producing, or distributing SPA-MART.com be liable for any direct, indirect, incidental, special, or consequential damages that results from the use of or inability to use SPA-MART.com, including but not limited to reliance by you on any information obtained from SPA-MART.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, and services available through SPA-MART.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Content: Proprietary Rights
You acknowledge that SPA-MART.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Content: Accuracy and Reliability
While the Company makes every attempt to publish accurate and reliable Content on this website, under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through SPA-MART.com. It is your responsibility to evaluate the information, opinion, advice, or other Content available through SPA-MART.com.
All products displayed on the website are offered while supplies last. The prices displayed are quoted in U.S. dollars and are valid and effective only in the United States. Descriptive or typographical errors, or website system errors, are subject to correction.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your computer monitor. We cannot guarantee that your monitor's display of any color will be accurate. In some cases, color swatches of the materials are available. Send us a message for details.
Export of Technology
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from SPA-MART.com to either a foreign national or a foreign destination in violation of such laws.
The Company's Rights
The Company may elect to electronically monitor areas of SPA-MART.com and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this website; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, The Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from SPA-MART.com.
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to users, the Company, the communities that make up SPA-MART.com, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither SPA-MART.com, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on SPA-MART.com.
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying SPA-MART.com will not be permitted. You agree to use SPA-MART.com only for lawful purposes. You are prohibited from posting on or transmitting through SPA-MART.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Public and Private Communications
The Company will not screen public communications in advance. The Company is not responsible for your submissions or responses. Any product concept or ideas submitted by you to SPA-MART.com will be considered public and nonproprietary. The Company will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. The Company reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law.
You agree to indemnify, defend and hold harmless the Company and its Associates from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), alleging or resulting from your use of SPA-MART.com in violation or breach of the Terms & Conditions.
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of SPA-MART.com, without notice, for any conduct that SPA-MART.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or the Company.
SPA-MART.com is controlled by the Company from its offices within the United States of America. The Company makes no representation that Content on the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this website, the services provided through this website or the Content shall be governed by the internal substantive laws of the State of Ohio.
You may not use SPA-MART.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are designated for such a purpose.
Acknowledgment and Changes