Terms of UseWelcome to Relaxso.com. Relaxso.com and its affiliates provide services to you subject to the following terms and conditions set forth in this agreement (the "Agreement"). In addition, when you use any current or future Relaxso.com service (e.g., Gift Coupons) or visit or purchase from any business affiliated with Relaxso.com, whether or not included in the Relaxso.com Web site, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control. We reserve the right to change this Site and these term & conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. Privacy Relaxso's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, in additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Electronic Communications By visiting Relaxso.com or sending any message to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that any notices, agreements, disclosures or other communications that we sends you electronically satisfy any legal communication requirement, including that such communications be in writing. Copyright Images, text, software, documentation, logos, button icons, data compilations, electronic text, digital download, audio and video files and clips, and other materials on the Relaxso.com are the property of Relaxso.com or its content suppliers and protected by United States and international copyright laws. Relaxso retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Relaxso. Relaxso expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws. Trademarks The names, titles, trademarks, service marks, and logos that appear on the Relaxso.com are registered and unregistered marks of Relaxso.com. You may not use the Relaxso Trademarks without Relaxso's prior, written permission. All trademarks of third parties not owned by Relaxso.com or its affiliates 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 Relaxso.com or its subsidiaries. License and Site Access Relaxso.com grants you a royalty-free, fully paid-up, worldwide, non-transferable, non-exclusive, limited license to use, reproduce, modify and publicly display the "Relaxso Materials" ("Materials") on Relaxso.com in and/or on any of your online publications and/or web pages, provided that you agree to attribute Relaxso as the source of any "Materials." Relaxso grants you a royalty-free, fully paid-up, worldwide, non-transferable, non-exclusive, limited license to use Relaxso's trademark "Relaxso" and metric badge, including any trademarks contained therein (the "Relaxso Logo"), solely for the purposes of attributing Relaxso as the source of Data in and/or on your publications and/or web pages. Such use shall be in accordance with applicable trademark law. You agree that any such use of the Relaxso Logo shall inure solely to the benefit of Relaxso, and that you shall not obtain any rights in the Relaxso Logo beyond the rights expressly granted pursuant to this Agreement. You further agree not to register the Relaxso Logo or any other confusingly similar trademarks with any governmental authority, and not to challenge the rights of Relaxso in the Relaxso Logo. You shall take all actions necessary, in Relaxso's discretion, to preserve and protect the reputation and good name of Relaxso and the Relaxso Logo. Any unauthorized use terminates the permission or license granted by Relaxso.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Relaxso.com so long as the link does not portray Relaxso.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Relaxso.com logo or other proprietary graphic or trademark as part of the link without express written permission. Account, Passwords and Security Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Relaxso immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Relaxso or any other user of or visitor to the Site due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential. Relaxso.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Reviews and Comments Except as otherwise provided elsewhere in this agreement or on the site, anything that you submit or post to the site and/or provide us, including without limitation, ideas, know-how, hechniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate modity, reverse-engineer, disassemble, or decomplile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. Copyright Complaints Relaxso.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Remedies You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver. Risk of Loss The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. Links to Third Party Sites Any web sites that are accessible via links included within the Relaxso.com. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Relaxso's control, and Relaxso is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Termination In addition to any other legal or equitable remedies, we may without prior notice to you, immediately terminate the Agreement or abolish any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately abolish all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. International Access This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. Disclaimer and Limitation of Liability Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, a copy of which you may access here. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by RELAXSO.COM or its affiliates on an "as is" and "as available" basis, unless otherwise specified in writing. RELAXSO.COM and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use or this site is at your sole risk. To the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, emplary, special of consequential damages. To the maximum extent permitted by applicable law, our total liability to you for any damages (Regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability. Applicable Law This site is created and controlled by us in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Disputes Any dispute relating in any way to your visit to Relaxso.com or to products you purchase through Relaxso.com shall be submitted to confidential arbitration in Smithtown, New York, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. General Provisions and Severability These Terms shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of laws provisions. Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Relaxso.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. Our Address Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to: Relaxso 34 East Main Street,#287 Smithtown NY 11787-2804 |