Terms

SPA DU JOUR TERMS OF USE AGREEMENT

 

By accessing or using this website you agree to be bound by the terms and conditions of this agreement. If you do not wish to be bound by this agreement, you may not legally access or use the information provided on SPADUJOUR.US

MIRELA & ASSOCIATES, owner of SPA du JOUR, may modify this agreement at any time, and such modification shall be effective immediately upon the posting of the modified agreement. You agree to review this agreement periodically to ensure that you are aware of any modifications. Your continued access or use of this website shall be deemed your conclusive acceptance of the modified agreement.

 

1. GENERAL DISCLAIMER

 

MIRELA & ASSOCIATES holds the exclusive copyright for all published content on the site, including but not limited to, text, images, menu systems, applications, video clips, back-end data and PDF documents. Redistributing information on this site without express written permission from MIRELA & ASSOCIATES is prohibited by United States and International Copyright Laws.

Although we make every effort to ensure the quality and integrity of the content on MIRELAONLINE.com, some information contained in this website is compiled from a variety of external sources and therefore we cannot guarantee the validity of all information contained on this site.

The information accessed through this website (the “services”) is provided “as is” without warranty, express or implied. MIRELA & ASSOCIATES cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data on this website. MIRELA & ASSOCIATES does not warrant or guarantee that the functions or services performed in this website will be uninterrupted or error-free or that defects in this website will be immediately corrected. Users of this website are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to MIRELA & ASSOCIATES for the reconstruction of any lost data.

 

2. LICENSES, IDEA & INFORMATION SUBMISSIONS

 

You agree to grant to MIRELA & ASSOCIATES a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of this website by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against MIRELA & ASSOCIATES for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

 

3. OTHER SITES

 

You are encouraged to use discretion while browsing the Internet. This website may contain links that may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. MIRELA & ASSOCIATES makes no representations concerning any effort to review all of the content of sites listed in its catalog.

 

4. REVIEW OF POSTINGS & UPLOADS

 

MIRELA & ASSOCIATES cannot review all communications and materials posted or uploaded to this website and therefore is not responsible for the content of these communications and materials. However, MIRELA & ASSOCIATES reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to MIRELA & ASSOCIATES .

 

5. LIMITED LICENSE

 

By this Agreement, MIRELA & ASSOCIATES grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use this website in real time and to use the materials in this website in a manner consistent with paragraph 11 (Copyright) below.

 

6. USER’S AGREEMENT

 

You agree to: (a) maintain all equipment required for your access to and use of this website; (b) maintain the security of your user identification, password and other confidential information relating to your MIRELA & ASSOCIATES account (“account”); and (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying MIRELA & ASSOCIATES of such use and taking steps to prevent its further occurrence by changing your password.

 

7. ONLINE COMMUNICATIONS

 

7.01 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by MIRELA & ASSOCIATES. MIRELA & ASSOCIATES cannot and does not screen content provided by you to MIRELA & ASSOCIATES Notwithstanding the foregoing, MIRELA & ASSOCIATES reserves the right to monitor content on this website and to remove content, which MIRELA & ASSOCIATES, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement.

7.02 You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use this website as permitted by this Agreement’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the area of this website where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). The operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences and other matters are available and/or will be made available upon request. MIRELA & ASSOCIATES reserves the right in its sole discretion to change such policies at any time. Files uploaded to our server(s) may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

7.03 You are responsible for your communications and your use of this website You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to this website with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use this website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to sell unsolicited goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by MIRELA & ASSOCIATES); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or this website; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or this website; (m) use this website in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to this website the User directory or any portion thereof other than for personal, noncommercial purposes; (o) falsely purport to be an employee or agent of MIRELA & ASSOCIATES; (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of this website, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of MIRELA & ASSOCIATES to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in this website, nonetheless, MIRELA & ASSOCIATES reserves the right to take such action as it deems appropriate in cases where this website is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on this website, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

 

8. PRIVACY POLICY

 

MIRELA & ASSOCIATES takes online information security and user privacy extremely seriously. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for this website.

 

9. USER REPRESENTATIONS

 

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this website in accordance with this Agreement. You agree to be financially responsible for your use of this website (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

 

10. CONTENT

 

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on this website are not authorized MIRELA & ASSOCIATES spokespersons, and their views do not necessarily reflect those of MIRELA & ASSOCIATES .

 

11. COPYRIGHT

 

The entire contents of this website are copyrighted as a collective work under the laws of United States and other copyright laws. MIRELA & ASSOCIATES holds the copyright in the collective work. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of this website solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from this website.

 

12. INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing this website using your service account.

 

13. WAIVER, RELEASE AND LIMITATION OF LIABILITY

 

You agree that neither MIRELA & ASSOCIATES, nor its officers, directors, employees, agents, information providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of this website. You hereby release and forever waive any and all claims you may have against MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of this website.

Notwithstanding the foregoing paragraph, the total liability of MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of this website are hereby excluded even if MIRELA & ASSOCIATES, its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages.

 

14. THIRD PARTY RIGHTS

 

The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of MIRELA & ASSOCIATES and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

15. TERM; TERMINATION

 

Either you or MIRELA & ASSOCIATES may terminate your right to use this website at any time, with or without cause, upon notice. MIRELA & ASSOCIATES also reserves the right to terminate or suspend your membership without prior notice, but MIRELA & ASSOCIATES will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 2 (License, and Idea Submission), 11 (Copyright), 12 (Indemnification), 13 (Waiver, Release and Limitation of Liability), 14 (Third Party Rights), and 16(Miscellaneous) shall survive any termination of this Agreement.

 

16. MISCELLANEOUS

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. You agree that any legal action or proceeding between MIRELA & ASSOCIATES and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Palm Desert, CA. Any cause of action or claim you may have with respect to MIRELA & ASSOCIATES must be commenced within one (1) year after the claim or cause of action arises. MIRELA & ASSOCIATES’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MIRELA & ASSOCIATES may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

17. NOTICE

 

MIRELA & ASSOCIATES may deliver notice to you under this Agreement by means of electronic mail, a general notice on this website, or by written communication delivered by first class U.S. mail to your address on record in our account information database. You may give notice any time to MIRELA & ASSOCIATES via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

MIRELA & ASSOCIATES
72-261 Highway 111 Suite 121-B
Palm Desert, CA 92260

Attention: Legal Affairs Director

 

18. SEVERABILITY

 

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.