Spa2U, LLC Terms and Conditions
Effective January 28, 2019

Welcome to the Spa2U, LLC Terms and Conditions agreement. For purposes of this agreement, "Site" refers to the Company's website, which can be accessed at ​www.Spa2Utx.com​ or through our mobile application, Spa2U, LLC. "Service" refers to the Company's services accessed via the Site, in which users can create an account with Spa2U, LLC, schedule and pay for a massage or facial, buy gift cards, rate your service provided, purchase a membership for a discounted rate for either massage or facial. Th​e terms "we," "us," and "our" refer to the Company. "You" refers to you, as a user of our Site or our Service.

The following Terms and Conditions apply when you view or use the Servi​ce via our website located at ​www.Spa2Utx.com​ or by accessing the Service through clicking on the application, Spa2U on your mobile device.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms and Conditions.​ If you do not agree to be bound by these Terms and Conditions in their entirety, you may not access or use the Service​. ​Please print these out to keep with your records.

Privacy Policy

Spa2U, LLC respects the privacy of its Service users. Please refer to the Company's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms and Conditions.

About Us

Who are we?​ Spa2U, LLC is a company based out of Frisco, Texas.
Where are we based?​ 3246 Preston Rd, Suite 300 Frisco, TX 75034
How may you contact us? ​If you need to contact us you can call ​+1 214-872-2888 or email us at info@spa2utx.com.
How may we contact you?​ ​If we have to contact you we may do so by telephone or by email to the number and/or address you provided when you registered for an Account.
Email counts as “in writing”. ​When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving communications from Spa2U, LLC by email.
Do you provide only in home massages? ​Not only do we provide in home massages we also provide in home facials.
Is this safe? ​We run both our clients and Therapists through a background check before hiring or allowing them in your home.
How old do I have to be to have Spa2U, LLC to come to my house? ​If you would like one of our trained massage therapist to come to your house you will have to be 18 years old.

About the Service

The Service allows you to schedule and pay for a massage or facial, buy gift cards, rate your service provided, purchase a membership for a discounted rate for either massage or facial.

Any Changes

Spa2U, LLC reserves the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by Spa2U, LLC at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this Agreement from time to time to see if it has been updated.

Registration; Rules for user conduct and use of the service

You need to be at leas​t 18 years old ​and a resident of the United States to register for and use the Service from Spa2U, LLC. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. Spa2U, LLC will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account

Acceptable Use

You are responsible for your use of the Services, and for any use of the Services made using your Account. We strive to create a safe and memorable experience in connection with our Services. To make this happen we prohibit certain kinds of conduct that can harm Spa2U, LLC.

Integrity

For the integrity of the client, therapist, and Spa2U, LLC if you are a Therapist or Customer, you agree not to attempt to contact each other directly about the Services outside of the Services for a period of 6 months after the date of your last visit to the Services, except as may be permitted by these Terms or Spa2U, LLC, or otherwise circumvent your relationship with Spa2U, LLC.

Due Diligence, Safety, and Background Check

When you create an account with Spa2U, LLC you agree and allow Spa2U, LLC to run a background check to ensure our Therapists are safe and comfortable. ​ ​A Texas background check is the investigation into the history of an individual. It can include a person's criminal, commercial and financial background information. Background investigations are most often performed as a part of the employment process. All Therapists that are hired on by Spa2U, LLC have been through a background check to ensure our clients are safe and in the best hands.

It is up to the Therapists and Spa2U’s discretion if the client’s background check pulls anything that makes the Therapist or Spa2U feel unsafe. If this happens we will notify you that we are not coming and you will be refunded back any payment that had been made for the massage or facial.

When you use these Services, You agree that you will not:
  • Violate this Agreement or any Spa2U, LLC rules regarding use of the Services;
  • Violate any law or regulation
  • Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
  • Breach any agreements you enter into with any third parties;
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • Engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;
  • Stalk, harass, or harm another individual
  • for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with Spa2U, LLC;
  • Impersonate any person or entity or perform any other similar fraudulent activity;
  • Harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including email addresses, without the express consent of such users or alter transmission data;
  • Collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about Spa2U, LLC’s customers or other users;
  • Upload, post, email or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;
  • Advocate, encourage, or assist any third party in doing any of the foregoing.
Use Restrictions

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:

You agree that you will not under any circumstances: 

  • access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
  • collect or harvest any personal data of any user of the Site or the Service
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group; 
  • use another user’s account without permission;
  • intentionally allow another user to access your account;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
Mobile Application License

Subject at all times to this Agreement, if you elect to download the App, the following also applies: Spa2U, LLC grants you a license to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is:

  • revocable – we have the right to remove your ability to use the App in accordance with these Terms;
  • non-exclusive – other people can access and use the App;
  • non-transferable – you can’t pass this right to someone else or sublicense the license; and
  • limited – the license does not extend beyond what has just been described above.

Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store.

Third Party Linksand Ads

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Site contains links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Spa2U, LLC does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms.

App Store

When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 7):

  • Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms.
  • You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Spa2U, LLC and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Spa2U, LLC.
  • You and we acknowledge that, as between Spa2U, LLC and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  • You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Spa2U, LLC and the App Store Owner, Spa2U, LLC, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Booking an Appointment

When booking an in home massage or facial from Spa2U, LLC you will also be asked to fill out a Client Waiver Form and a Client Intake Form: 

  • Client Waiver Form:
  • Client Intake Form:
Payment Process

You can schedule and book a massage or facial through our Spa2U, LLC website or on our mobile, Spa2U, application Your payment details will be requested at the time of booking and payment will be collected when you make a booking. Full payment of the Treatment Fee is due at the time of booking that Massage Treatment with the Independent Therapist through us. The Treatment Fee belongs to the Independent Therapist who provides the Massage Treatment. By scheduling an appointment you agree to provide complete, correct and true information including without limitation billing and payment information. Once your booking is accepted and confirmed by Spa2U, LLC, you will receive confirmation of your appointment by SMS and email.
When you schedule a massage or facial, you are responsible for:

  • Full payment of the applicable Treatment Fee;
  • Ensuring the Independent Therapist and Spa2U have access to your Designated Premises which must, in all cases, represent a suitable space in which the Massage Treatment can be performed, with all appropriate facilities (including, adequate lighting and heating); and
  • Ensuring the health and safety of the Independent Therapist whilst at your Designated Premises.

All Treatment Fees are payable through Our Website, mobile application or over the telephone.

Prices

The price of Massage Treatments (each a "Treatment Price "and collectively "Treatment Prices") varies according to the type and duration of the Massage Treatment you book and also the location of the premises you have designated for the Massage Treatment to be provided to you by the Independent Therapist ("Designated Premises"). Treatment Prices are set from time to time and the Treatment Price you will be required to pay for a specific Massage Treatment (each a "Treatment Fee "and collectively "Treatment Fees") will be determined by reference to the Treatment Prices in force at the date when that Massage Treatment is booked.

Full menu of what Spa2U provides is listed on our website

Account and Conduct Restrictions

When you create your own personalized account, you ​may be able to provide your first and last name, email address, allergies, mailing address, phone number, credit card number, and address of the bank account holder. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Spa2U, LLC, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, libelous, false or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; 
Liability, Loss OR Damage

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

Account Suspension or Termination

Spa2U, LLC has the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice. ​What happens when these terms are terminated?

Cancellation and Refund Policy

What is our RIGHT TO CANCEL policy?
REPORTING COMPLAINTS AND/OR CONCERNS
Any complaints or concerns that arise relating to your Services, including those relating to a Therapist or Customer, immediately contact Spa2U, LLC at ​+1 214-872-2888 or email us at info@Spa2Utx.com​. ​For emergencies, including with regard to personal safety, please dial 911 and/or contact your local law enforcement.

UNFORESEEN CIRCUMSTANCES
Every effort is made by the Spa2U, LLC team to provide the service booked by you, the  customer. However some circumstances beyond are control may prevent this, things such as (  but not limited to) :

  • Severe or adverse weather conditions
  • Unforeseen traffic delays
  • Traffic vehicle accidents
  • Problems caused by other client
  • Vandalism
  • Terrorism
Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the  Service, but not directly by the Site, are those of their respective authors, and should not  necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or  the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability  of any opinion, advice, or statement made by other parties. We take no responsibility and  assume no liability for any User Content that you or any other user or third party posts or sends  via the Service. Under no circumstances will we be responsible for any loss or damage resulting  from anyone’s reliance on information or other content posted on the Service, or transmitted to  users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is  inaccurate or objectionable when you use or access the Site or the Service. We reserve the right,  but have no obligation, to monitor the materials posted in the public areas of the Site or the  Service or to limit or deny a user’s access to the Service or take other​ appropriate action if a user  violates these Terms of Use or engages in any activity that violates the rights of any person or  entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent  between you and other participants that are not readily accessible to the general public will be  treated by us as private to the extent required by applicable law. The Company shall have the  right to remove any material that in its sole opinion violates, or is alleged to violate, the law or  this agreement or which might be offensive, or that might violate the rights, harm, or threaten  the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation  of these Terms of Use, please contact us at ​info@Spa2Utx.com​

Links to other sites and/or materials

As part of the Service, we may provide you with convenient links to third party website(s)  (“Third Party Sites”) as well as content or items belonging to or originating from third parties  (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to  Service subscribers. We have no control over Third Party Sites or Third Party Applications,  Software or Content or the promotions, materials, information, goods or services available on  these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites  and Third Party Applications, Software or Content are not investigated, monitored or checked  for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party  Sites accessed through the Site or any Third Party Applications, Software or Content posted on,  available through or installed from the Site, including the content, accuracy, offensiveness,  opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or  the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use  or installation of any Third Party Site or any Third Party Applications, Software or Content does  not imply our approval or endorsement. If you decide to leave the Site and access the Third  Party Sites or to use or install any Third Party Applications, Software or Content, you do so at  your own risk and you should be aware that our terms and policies, including these Terms of  Use, no longer govern. You should review the applicable terms and policies, including privacy  and data gathering practices, of any Third Party Site to which you navigate from the Site or  relating to any applications you use or install from the Third Party Site.

Copyright Complaints and Copyright Agent

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of  others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States  Copyright Act, we have adopted and implemented a policy that provides for the termination in  appropriate circumstances of users of the Service who are repeat infringers. We may terminate  access for participants or users who are found repeatedly to provide or post protected third  party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in  good faith, that any materials provided on the Service infringe upon your copyrights, you may  submit a notification pursuant to the Digital Millennium Copyright Act (​see ​ 17 U.S.C 512)  (“DMCA”) by sending the following information in writing to the our designated copyright  agent a​t info@Spa2Utx.com: 

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the  owner of an exclusive right that is allegedly infringed;
  3. A description of the 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 at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of  infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such  as an address, telephone number, and/or email address;
  6. 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
  7. A statement that the information in the notification is accurate, and under penalty of  perjury, that you are authorized to act on behalf of the owner of an exclusive right  that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site  is not infringing, or that you have the authorization from the copyright owner, the copyright  owner's agent, or pursuant to the law, to post and use the content in your User Content, you  may send a counter-notice containing the following information to our copyright agent using  the contact information set forth above: 

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the  content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a  result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you  consent to the jurisdiction of the federal court ​in Texas and a statement that you will  accept service of process from the person who provided notification of the alleged  infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice  to the original complaining party informing such person that it may reinstate the removed  content in ten (10) business days. Unless the copyright owner files an action seeking a court  order against the content provider, member or user, the removed content may (in our sole  discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after  receipt of the counter-notice.

License Grant

By posting any User Content via the Service, you expressly grant, and you represent and  warrant that you have a right to grant, to the Company a royalty-free, sublicensable,  transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,  modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly  display, and make derivative works of all such User Content and your name, voice, and/or  likeness as contained in your User Content, if applicable, in whole or in part, and in any form,  media or technology, whether now known or hereafter developed, for use in connection with  the Service.

Trademark/ Use Of Name Or Brand

All Content, product names, trademarks, service marks and logos appearing as part of the  Services, unless otherwise noted, are wholly owned or validly licensed by Spa2U, LLC.  Trademarks, service marks and logos owned by third parties remain the property of such third  parties.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual  property rights of any kind related to the Service, including applicable copyrights, trademarks  and other proprietary rights. Other product and company names that are mentioned on the  Service may be trademarks of their respective owners. We reserve all rights that are not  expressly granted to you under these Terms of Use.

Email may not be used to provide notice

Communications made through the Service’s email and messaging system will not constitute  legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in  any situation where legal notice is required by contract or any law or regulation.

User consent to receive communications in electronic form

For contractual purposes, you: (a) consent to receive communications from us in an electronic  form via the email address you have submitted; and (b) agree that all Terms of Use, agreements,  notices, disclosures, and other communications that we provide to you electronically satisfy any  legal requirement that such communications would satisfy if it were in writing. The foregoing  does not affect your non-waivable rights

We may also use your email address to send you other messages, including information about  the Site or the Service and special offers. You may opt out of such email by changing your  account settings, using the “Unsubscribe” link in the message, or by sending an email to  info@Spa2Utx.com​ or m​ail to the following postal address: 3246 Preston Rd, Suite 300 Frisco, TX  75034  

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual  property rights of any kind related to the Service, including applicable copyrights, trademarks  and other proprietary rights. Other product and company names that are mentioned on the  Service may be trademarks of their respective owners. We reserve all rights that are not  expressly granted to you under these Terms of Use.

Customer Support:
3246 Preston Rd, Suite 300 Frisco, TX 75034
Opting out may prevent you from receiving messages regarding the Site, the Service or special  offers.

Warranty Disclaimer

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT  LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER  EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT  LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT  LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT  ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR  FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR  DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER  MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT  PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation Of Damages​; ​release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE  SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR  PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR  ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,  HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF  YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE  SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE  AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER  USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT  (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT  WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A  REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS  PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service  that you review using the Service, you release us (and our officers, directors, agents,  subsidiaries, joint ventures and employees) from claims, demands and damages (actual and  consequential) of every kind and nature, known and unknown, arising out of or in any way  connected with such disputes.

If you are a California resident using the Service, you may specifically waive California Civil  Code §1542, which says: “A general release does not extend to claims which the creditor does  not know or suspect to exist in his favor at the time of executing the release, which if known by  him must have materially affected his settlement with the debtor.” 

Modification Of Terms Of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event  of any such amendments. It is your sole responsibility to check the Site from time to time to  view any such changes in this agreement. Your continued use of the Site or the Service signifies  your agreement to our revisions to these Terms of Use. We will endeavor to notify you of  material changes to the Terms by posting a notice on our homepage and/or sending an email to  the email address you provided to us upon registration. For this additional reason, you should  keep your contact and profile information current. Any changes to these Terms (other than as  set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective  except in a written agreement bearing the physical signature of one of our officers. No  purported waiver or modification of this agreement on our part via telephonic or email  communications shall be valid.

General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that  portion of the agreement will be construed as to be consistent with applicable law while the  remaining portions of the agreement will remain in full force and effect. Any failure on our part  to enforce any provision of this agreement will not be considered a waiver of our right to  enforce such provision. Our rights under this agreement survive any transfer or termination of  this agreement.

You agree that any cause of action related to or arising out of your relationship with the  Company must commence within ONE year after the cause of action accrues. Otherwise, such  cause of action is permanently barred. 

These Terms of Use and your use of the Site are governed by the federal laws of the United  States of America and the laws of the S​tate of Texas, w​ithout regard to conflict of law  provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in  part, to any person or entity at any time with or without your consent. You may not assign or  delegate any rights or obligations under the Terms of Service or Privacy Policy without our  prior written consent, and any unauthorized assignment or delegation by you is void. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND  THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU  FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE  PRIVACY POLICY AT ​https://spa2utx.com/privacy-policy/ REPRESENT THE COMPLETE  AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT  SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY  OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF  THIS AGREEMENT.