LAST UPDATED: June 8, 2019
Thanks for joining SpaPerks LLC. We’re so glad you’ve chosen us to help you find all of our beauty & spa services!
First, though, we have to explain a bunch of legal obligations on your part and ours. We advise you to read this and our Privacy Policy in full before you use our services. You are bound by these Terms of Service once you start using SpaPerks.
INTRODUCTION
This agreement sets out the Terms of Service (the “Terms”) that govern your use of the SpaPerks LLC (“SpaPerks,” “we,” “us,” and “our”) service, both through our website at www.spaperks.com(the “Website”) and our mobile software application known as “SpaPerks” (the “App”). Collectively, the applications and services on the Website and the App are referred to as the “Service.” These Terms are a binding contractual commitment.
Please read the entirety of these Terms and our Privacy Policy carefully. If you disagree with or do not wish to be bound by any provision in these Terms or in our Privacy Policy, you may not access or use the Service.
CHANGES TO THESE TERMS
These Terms are subject to being changed by SpaPerks, in its sole discretion, at any time. If and when we do make any changes to these Terms, we will make a new copy of them available both on our Website and within our App (and we’ll change the “last updated” date at the top of these Terms). If our changes include anything that is material, and if you’ve registered with us and created an account (which we’ll get to in a second), we’ll email the updated Terms to you as well. If we change any Terms such that you no longer agree with them, you will stop using our Service. If you stick around and keep using the Service, that continued use indicates that you have accepted the updated Terms.
REGISTERING FOR AN ACCOUNT
Registration
You may be required to register for an account (“Account”) if you wish to access some of the features of the Service. By registering or using any part of the Service, you are representing that:
you are of the statutorily required age, under the laws of the jurisdiction where you reside, to enter into a binding contract with SpaPerks;
you are authorized to enter into these Terms personally;
you have not been barred from using this or any similar Service under the laws of the United States or your applicable jurisdiction; specifically, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, and you do not face any other similar prohibition on your use of the Service;
you have never been convicted of a sex crime, or any crime involving violence and are not required to register as a sex offender in any jurisdiction; and
you consent to the collection, storage, processing, or transfer of your personal data in the manner and for the purposes described in these Terms and in our Privacy Policy.
Registration Data
When you register for the Service, you agree that you will provide initial information about yourself, through the registration form (your “Registration Data”), that is truthful, complete, accurate, and up-to-date. You also agree that you will revise your Registration Data any time any part of it changes to ensure that it remains truthful, complete, accurate, and up-to-date. You further acknowledge that you are responsible for any and all activities on your Account. You agree that you will not share your Account or password with anyone, and you will notify SpaPerks immediately at support@spaperks.com if you are or become aware of any unauthorized use of your SpaPerks password or any other potential breach of security. If any of the information that you provide is not truthful, complete, accurate, and up-to-date—or if SpaPerks has a reasonable basis to believe that your information doesn’t meet these requirements—we reserve the right to immediately suspend or terminate your Account. If we do so, we can refuse you any and all use of the Service or any of its components at any time now or in the future and by any means, including by blocking your IP address. When you register, you are agreeing that you have not been previously removed or banned from SpaPerks’s Service and that you will not create an Account or use any part of the Service if you are so removed or banned.
Registration Through Social Media
If you choose, you can instead access the Service through a supported social media site (or “SSMS”) by linking your Account with your SSMS account (“SSMS Account”). This means that you allow SpaPerks permission to access your SSMS Account, insofar as that access is allowed under the terms and conditions that govern your use of any SSMS Account. If you use this means of accessing the Service, you represent to SpaPerks that you have the right to disclose your SSMS Account login information to SpaPerks and/or to grant SpaPerks access to your SSMS Account without breaching any terms or conditions regarding your use of the applicable SSMS Account. You also represent that such access does not obligate SpaPerks to pay any fees and does not make SpaPerks subject to any usage limitations imposed by any third-party service providers. If you grant SpaPerks access to any of your SSMS Accounts, you understand that SpaPerks may indeed access any information, data, or content stored in your SSMS Account that you have made available to SpaPerks. SpaPerks may also store and/or make that information, data, or content available. See our Privacy Policy for more information about how we may use your data.
Depending on which SSMS Accounts you use, and on the privacy settings in those SSMS Accounts, personally identifiable information that you have posted to your SSMS Accounts may end up being available in your Account with SpaPerks and its Service. Any relationship that you have with the third-party service providers for any SSMS Accounts will remain entirely governed by whatever agreement(s) you have with those third-party service providers. SpaPerks is not liable for any personally identifiable information that it may receive from such third-party service providers, even if that disclosure is in violation of your privacy settings in those third-party accounts. Note also that SpaPerks is not responsible for any content on your SSMS Account and will make no effort to review any of the content on your SSMS Account for any purpose. In other words, SpaPerks will not review your content for its accuracy, truthfulness, legality, or noninfringement or for other such purposes.
LICENSE AND OWNERSHIP OF THE SERVICE AND YOUR CONTENT
License
With your use of the Service, SpaPerks grants you a personal, revocable, limited, and nontransferable license that allows you to use the features and functions of the Service and to have and use the desktop application and App on your mobile device. This license and your use of the Service is solely for your own personal use.
Furthermore, with respect to any desktop application and App accessed through or downloaded from the Apple App Store, Google Play marketplace, or any other app store or marketplace (an “App Store,” which includes any corporate entity and its subsidiaries that provide the App Store), you agree that you will comply with all applicable third-party terms of that App Store when you use the App. You further acknowledge that SpaPerks is not obligated to provide support, updates, bug fixes, or any other upgrades or enhancements of its App or the Service as a whole.
Ownership
Everything within the Service, including all text, names, logos, trademarks, trade dress, trade names, copyrights, service marks, brand identities, characters, pictures, videos, graphics, or other intellectual property appearing on the Website or in the App, along with its design and presentation (together, the “Content”), is owned by SpaPerks or used with permission or under license from a third party. The Content, whether SpaPerks’s or that of a third party, is protected under trademark, copyright, and other intellectual property laws.
Your Content
As to the content that you upload in your use of the Service (“Your Content”), SpaPerks claims no ownership. However, by using the Service, you are granting to SpaPerks a perpetual, irrevocable, nonexclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, without payment or royalties, any part or the whole of Your Content for SpaPerks’s commercial or business use. That use includes, but is not limited to, the purpose of operating the Service. You warrant that you have the right to share Your Content and that you are solely responsible for every aspect of Your Content.
WHAT YOU CAN USE AND RESTRICTIONS ON USE
Usage
You are only authorized to use the Service for its intended lawful purposes. You hereby acknowledge that you will not:
commit any illegal activities using the Service or promote any illegal activities;
gain access or attempt to gain access to any portion of the Service to which you do not have access rights;
use the Service or any of its Content for any commercial purposes, including, but not limited to, solicitation, the generation of spam or other unsolicited advertisements, or other commercial exploitation of any aspect of the Service;
copy, extract, transmit, disseminate, repost, sell, or otherwise distribute any of the SpaPerks Content—whether manually or via any automated process or device—for any purpose other than the intended purpose for which the Content is provided to you;
search or harvest information from the Service, derive or attempt to derive the source code of the App, software, or any other aspect of the Service, or interfere with the provision or functioning of the Service, including its display; or
infringe on any trade name, trademark, or brand name, whether in explicit or hidden text, or modify, remove, or obscure any copyright notice, watermark, or other notice.
For any rights not expressly granted in these Terms, SpaPerks reserves those rights. No license is conferred as to any intellectual property except as expressly stated herein.
WHAT YOU CAN SHARE
Within the Service, there are a variety of ways in which you can share information: by posting, writing reviews or comments or providing feedback, among others. Those shared communications (“Communications”), wherever they may occur, are subject to the following restrictions and obligations.
First, while SpaPerks has no obligation to monitor or review Communications, it maintains the right to do so to determine whether any Communications present a violation of these Terms or contain illegal or untruthful content. SpaPerks is not obligated to resolve disputes or modify incorrect information and bears no liability regarding any Communications. You agree that any Communications you read, be they opinions, recommendations, advice, or other statements, represent solely the thoughts of their authors, who are responsible for their content. SpaPerks reserves the right to remove or refuse to post any communications that include the following (“Prohibited Content”):
illegal content, or anything that would violate the rights of anyone or violate any law, including, but not limited to, content regarding drug use;
infringing content, or content that infringes on anyone else’s trademark, copyright, patent, or any other form of intellectual right to property;
any harmful or disruptive file, code, or program, including, but not limited to, viruses, spyware, or corrupted data;
spam, unsolicited promotions, advertising, or solicitations;
political advertising or campaigning;
any third party’s personally identifiable information; or
any other content that, in the sole discretion of SpaPerks, is not appropriate, not in accordance with the intent and purpose of the Service, or is otherwise objectionable, including but not limited to content that may create harm or liability to SpaPerks or its other users.
HOW YOU CAN INTERACT WITH OTHER USERS
Your Safety
You and only you are responsible for how you interact with other SpaPerks users or anyone else you interact with through your use of the Service. You understand and agree that SpaPerks is not and will not be responsible for any liability that you or anyone else incurs as a result of your interactions or activities in, on, or through the Service.
You acknowledge that SpaPerks makes no effort to confirm the truthfulness, accuracy, or any other quality of its users’ statements. SpaPerks does not conduct criminal background checks on its users, though it reserves the right to investigate, via criminal background and sex offender registration checks using publicly available resources, any user. SpaPerks makes no guarantee, warranty, or representation about any of our users, their conduct, or their compatibility with any other user.
Other Users’ Content
Other users are likely to provide content for use in and on the Service (“User Content”). SpaPerks does not control this User Content and is not responsible for it. You are not licensed to use any User Content except Your Content. If you believe the User Content of another user includes Prohibited Content, please report it to SpaPerks at support@spaperks.com.
HOW YOUR USE OF THE SERVICE CAN BE TERMINATED
You agree that SpaPerks may cancel, suspend, or block your use of its Service, without notice, in the event that there is a violation or a suspected violation of these Terms, and you will not be entitled to any refund for purchases. SpaPerks will make any decision to cancel, suspend, or block a user in its sole discretion. You will have no continuing right to use the Service if you are canceled, suspended, or blocked, or if your registration is terminated. Any data that you uploaded or stored through the Service may no longer be available to you except to the extent that SpaPerks is required by law to retain that data.
You also have the right to terminate your registration at any time. If you do so, any data that you uploaded or stored through the Service may no longer be available to you. If you registered or paid for your Account using a third-party payment system such as an App Store, you will need to manage your purchases and billing through that system to avoid continued billing.
Subject to certain limitations below, all charges for purchases and subscription periods are nonrefundable. The laws of your jurisdiction may provide for refunds, in which case we may make an exception. Note that subscriptions using an Apple ID are refunded by Apple, while subscriptions through a Google Play Store account are refunded by Google; those refunds must be pursued through those third parties, not through SpaPerks.
If you reside in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin, you have the right to cancel your subscription, without penalty or obligation, at any time before midnight of the third business day after the date on which you subscribed. Should you die while your subscription is active, your estate is entitled to a refund of any portion of that payment that applies to the period after your death. You may also be eligible for a refund if you become disabled in such a way that you cannot use the Service. To request a cancellation, please contact us at support@spaperks.com and include your order number, contact information, and a clear statement that you are cancelling your agreement.
JURISDICTION AND PHYSICAL LOCATION
The Service is based in the United States, specifically in Virginia. By your use of the Service, you agree that any dispute arising from your use of the Service will be governed by the laws of the United States and/or the Commonwealth of Virginia. Should there be any legal dispute or claim regarding your use of the Service, it will be decided by a court of competent jurisdiction in Virginia. By your continued use of the Service, you agree that such court has jurisdiction and venue over the dispute or claim and you waive any objection regarding that court as an inconvenient forum.
While users of the Service can access it from any location where it is not prohibited or unlawful, if you are accessing the Service from anywhere within the European Union, Asia, or any other country, territory, or region that has laws, rules, or regulations concerning the collection, use, and disclosure of personal data, you agree that your use of the Service is governed by these Terms, the SpaPerks Privacy Policy, and the laws of the United States and the Commonwealth of Virginia. By continuing to use the Service, you are transferring your own personal data to the United States and you consent to that transfer. Please consult our Privacy Policy for more detailed information.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Every feature of the Service is provided without warranty, express or implied, and is used strictly “as is.” Any express or implied warranty that cannot be disclaimed under applicable law is granted only to the minimum degree required by law. Nothing that SpaPerks, or its users, employees, or agents, or any other person, says, orally or in writing, creates any warranty, guarantee, or liability except as expressly stated herein.
SpaPerks makes no promise that its service will be secure, error free, or that access to it will be uninterrupted. Also, we do not guarantee that it, or any user you meet through the Service, will meet your expectations. We make no warranty of merchantability or fitness for a particular purpose.
You use the Service at your own risk. Neither SpaPerks, its affiliates, partners, or subsidiaries, nor any representative, be it an officer, director, agent, or otherwise, is liable for any damages relating from anyone’s use of the Service. That limitation includes damages that are direct or indirect, incidental or consequential, special or punitive, or otherwise, including, but not limited to, any loss of or damage to property, loss of data, or the claims of any third parties related to your use of the Service. That limitation extends to any action, whether based on intentional tort, negligence, breach of contract, infringement of intellectual property rights, product liability, or any other claim. This limitation applies even when SpaPerks has been advised that such damages are possible.
Your sole and exclusive remedy, should you disagree or not be satisfied with the Service, its Terms, or the accompanying Privacy Policy, is to discontinue all use of the Service. By continuing your use of the Service, you waive any and all claims you may have against SpaPerks and its affiliates, agents, and representatives. This waiver may not apply to you, but if any part of it is found to be invalid or unenforceable, SpaPerks and its affiliates, agents, and representatives will bear an aggregate liability not to exceed one hundred U.S. dollars ($100). You agree, by your use of the Service, that this limitation of liability is a fundamental component that forms the basis of the bargain and reflects a fair allocation of risk.
DIGITAL MILLENNIUM COPYRIGHT ACT
SpaPerks is committed to respecting and protecting the legal rights of copyright owners.
We are in full compliance with the notice and take-down policy of Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA,” 17 U.S.C. § 512 et seq.). If you believe that any Content infringes on any intellectual property rights that you bear, we ask that you notify us via our designated agent at support@spaperks.com. That notice (“DMCA Takedown Notice”) must include the following elements to be valid:
a signature, whether physical or electronic, of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the specific copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
identification of the material claimed to be infringing or to be the subject of infringing activity that is to be removed or have its access disabled, along with information reasonably sufficient to permit the service provider to locate that material;
information reasonably sufficient to permit us to contact you, such as an email address, physical address, or telephone number;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GOVERNING LAW
These Terms, and any action related thereto, will be governed and interpreted by and under the laws of the Commonwealth of Virginia without giving effect to any principles that provide for the application of the law of another jurisdiction.
PROHIBITION ON EXPORT
You may not, except as authorized by applicable law, use, export, import, or transfer any Content or property of SpaPerks. This prohibition includes, but is not limited to, the exportation of the Service or its Content into any countries embargoed by the U.S. or to any persons or entities on either the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
You warrant that you do not reside and are not located in a country that is subject to a U.S. government embargo or that has been designated as a “terrorist-supporting” country and that you are not personally listed on any list of prohibited or restricted persons compiled by the U.S. government or any of its agencies. You explicitly agree that SpaPerks’s Service and its associated technology are subject to the United States’ export control laws, rules, and regulations, and you warrant that you will comply with those laws, rules, and regulations.
COMMUNICATION AND SIGNATURES IN ELECTRONIC FORM
You hereby consent to receive all communications from SpaPerks in an electronic form. You further agree that any and all terms and conditions, notices, disclosures, and other communications that we provide to you electronically are sufficient to satisfy any legal requirement for written communications. This provision does not affect any statutory rights that you may have. A printed version of these Terms and of any electronic notices will be admissible in any judicial, administrative, or other proceedings related to these Terms as it would if it were originally created in printed form.
All contracts completed and signed electronically will be deemed to be legally enforceable as signed writings.
MISCELLANEOUS
Your SpaPerks account is nontransferable and nonassignable by you and terminates upon your death. We have not entered into any agency, partnership, joint venture, or other special relationship through these Terms, and you are not authorized to make any representations on behalf of SpaPerks.
INDEMNITY
You agree that you will, to the extent permitted under any applicable law, indemnify, defend, and hold harmless SpaPerks, as well as our affiliates, partners, and subsidiaries, if any, and all officers, directors, agents, and employees, against any and all claims, demands, losses, costs, damages, liabilities, and expenses relating in any way to your access to or use of the Service, your uploaded and created Content, or these Terms. These expenses include payment of any attorneys’ fees.
QUESTIONS OR COMPLAINTS
If you’ve read this far—we hope you have!—and you have any questions or complaints, please contact us at support@spaperks.com.
ENTIRE AGREEMENT
These Terms, along with our Privacy Policy, compose the entire agreement between you and SpaPerks regarding your use of and access to the Service. Should we fail to exercise or enforce any explicit or implicit right or provision within this Agreement, that failure shall not constitute a waiver of that or any other right or provision. If any part of these Terms is found to be invalid or unenforceable, then only the invalid or unenforceable provision will be replaced and superseded by a valid and enforceable provision that adheres to the intent of the original provision. The remainder of these Terms will continue in effect.