Terms of Service
Welcome to Premier Spas. By using this website (the “Site“), services (together with the Site and the “Services“) offered by Premier Spas Inc., and all sites of the affiliates of Premier Spas Inc. (collectively, “Premier Spas“, “we“, “use“, or “our“), you are agreeing to these legally binding rules (the “Terms“). You are also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site. Do not use the Site if you do not accept and agree to the Terms.
Premier Spas may at any time revise the Terms by updating this page. You are bounded by any revisions and should periodically visit this page to review the current Terms.
COPYRIGHT INFORMATION
Premier Spas owns or has rights to all of the artwork, icons, images, photographs, graphics, wallpaper, music, text, software and other content of the Site (the “Content“), and all HTML, CGI, and other code and scripts in any format used to implement the Site (the “Code“). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purpose, or otherwise distribute any Content and Code from the Site without the prior written agreement of Premier Spas. All names, logos and trademarks which appear on the Site are the property of Premier Spas or are used by Premier Spas under license.
USE OF INFORMATION SUBMITTED BY YOU
For personal information supplied by you to the Site, please see our privacy policy regarding our treatment of personal data.
If you responds to Premier Spas with any information, including but not limited to feedback, data, questions, comments, suggestions, complaints, or the like (the “Feedback“), such information shall NOT be deemed as confidential. All such submissions shall be deemed the property of Premier Spas, and Premier Spas will not have any obligation to keep such information confidential and will be free to use, disclose, transfer, distribute, exploit and further develop and modify the Feedback for any purpose.
DISCLAIMER AND LIMITATION OF LIABILITY
Premier Spas attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the rights to make corrections and changes to the Site at any time without notice. We do not claim that the information on the Site is appropriate to your jurisdiction or that the programs described on the Site will be available in all jurisdictions.
The service (including any software and content contained therein) are provided “AS IS“ and “as available“. Any use of the services will be at your own risk. Premier Spas disclaims all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Premier Spas makes no representations or guarantees that the services will be free from loss destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, or will not contain content to you deem offensive, indecent, or otherwise objectionable, and Premier Spas disclaims any liability relating thereto. Premier Spas makes no guarantees, representations, or warranties that the use of or the results of the use of the services will meet your requirements, be accurate, reliable, current, or that option of the services will be uninterrupted or error free.
Premier Spas makes no warranties of any kind regarding other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regards to the accuracy, availability, suitability or safety of information provided in such websites.
IN NO EVENT SHALL PREMIER SPAS, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Premier Spas and its affiliates and its officers, directors, attorneys, employees, contractors, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of the Term. If you cause a technical disruption of the Site or the system transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Premier Spas reserves the right, at its own expense to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Premier Spas in the defence of such matter.
NOTICES AND COMMUNICATION
We may post notices to you related to our Services. We may also inform you of our Services through phone or by email with the email address or phone number provided to us. You hereby consent to receive notice from us through the foregoing means. You are responsible for keeping your account information, including your email address and phone number, up to date. Premier Spas assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.
DISPUTE RESOLUTION AND GOVERNING LAW
Premier Spas encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Canada and Province of Ontario without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of Canada or Province of Ontario. If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Premier Spas for your failure to comply with any such laws.
ENTIRE AGREEMENT AND ADMISSIBILITY
The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Premier Spas with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
QUESTIONS REGARDING THIS TERMS
If you have any questions regarding the Terms, you may email Premier Spas at info@premierspas.com.
Effective Update: November 21, 2019