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Oklahoma Day Spas Disclaimer

Oklahoma Day Spa Disclaimer
Welcome to Oklahoma Day Spas! This User Agreement sets forth the "terms and conditions" which govern your use of our Web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be updated from time to time without notice to you. By using this site, you acknowledge your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.

1. PRIVACY. You have read the Oklahoma Day Spas Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Oklahoma Day Spas and/or its third party providers, partners and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy.

2. REVIEW OF TRANSMISSIONS. Oklahoma Day Spas may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Oklahoma Day Spas deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Oklahoma Day Spas and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Oklahoma Day Spas takes no responsibility and assumes no liability for any content posted or submitted by you.

3. MEDICAL DISCLAIMER. Oklahoma Day Spas IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND. Oklahoma Day Spas DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THIS WEB SITE NOR ANY OF THE INFORMATION CONTIANED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. Oklahoma Day Spas (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE WEB SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, Oklahoma Day Spas ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM .

4. EXCLUSION OF WARRANTY. Oklahoma Day Spas (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. Oklahoma Day Spas DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. Oklahoma Day Spas AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER Oklahoma Day Spas NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM Oklahoma Day Spas OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.

5. LIMITATION OF LIABILITY. Oklahoma Day Spas (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL Oklahoma Day Spas (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY Oklahoma Day Spas OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL Oklahoma Day Spas BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.

If, notwithstanding the foregoing, Oklahoma Day Spas or any third party provider, partner or affiliate should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Oklahoma Day Spas and the third party providers, partners and affiliates shall in no event exceed US$100.00. In its sole discretion, in addition to any other rights or remedies available to Oklahoma Day Spas and without any liability whatsoever, Oklahoma Day Spas at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

6. INDEMNIFICATION. You agree to and shall defend and indemnify and hold Oklahoma Day Spas and any third party providers, partners and affiliates, and their officers, directors, employees, representatives and agents harmless from and against any claims, causes of action, suits, proceedings, damages, costs and expenses, or other demand, including, without limitation, legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of, relating to, or arising from your use of this site, the use of your account by and other person or persons, or your breach of these terms and conditions.

7. THIRD PARTY RIGHTS. The provisions of paragraphs 7 (medical disclaimer), 8 (exclusion of warranty), 9 (limitation of liability) and 10 (indemnification) are for the benefit of Oklahoma Day Spas and its officers, directors, employees, agents, representatives, affiliates, third party providers and partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

8. LINKS. This site may contain links to other Web sites that are provided solely as a convenience to you and not as an endorsement by Oklahoma Day Spas of the contents of such other Web sites. Oklahoma Day Spas is not responsible for the content of linked Web sites and do not make any representations regarding the accuracy or content of the materials on such linked Web sites. If you decide to access linked Web sites, you do so at your own risk.

9. RELATIONSHIP. The relationship between Oklahoma Day Spas and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

10. GOVERNING LAW. These terms and conditions and their performance shall be governed by the laws of the state of New York, United States of America, without regard to its provisions governing conflicts of law. You consent and submit yourself and your property to the exclusive jurisdiction of the state and federal courts located in New York county, the state of New York, United States of America, in all questions and controversies arising out of your use of this site and these terms and conditions and waive any objection that you now or may hereafter have as to the venue of such action or proceeding. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

11. ATTORNEY'S FEES. If Oklahoma Day Spas or its third party providers, partners or affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

12. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Oklahoma Day Spas as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Oklahoma Day Spas shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Oklahoma Day Spas in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

13. TERMINATION. Oklahoma Day Spas may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Oklahoma Day Spas and its third party providers, partners and affiliates may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Oklahoma Day Spas and its third party providers, partners or affiliates, as applicable.

14. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

15. MODIFICATION. Oklahoma Day Spas may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

16. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

17. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

19. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.


Oklahoma Day Spas DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OR ANY PARTICULAR PRODUCT OF ANY KIND. Oklahoma Day Spas DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT OR ANY PRODUCT FOR ANY MEDICAL CONDITION. THE CONTENTS OF THIS WEBSITE, INCLUDING THE TEXT, GRAPHICS, IMAGES AND OTHER INFORMATION ARE FOR INFORMATIONAL PURPOSES ONLY.

Oklahoma Day Spas DOES NOT INDEPENDENTLY VERIFY, AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY, THAT ANY MEDICAL SPA OR PHYSICIAN OR OTHER INDIVIDUAL ASSOCIATED OR AFFILIATED THEREWITH IS LICENSED OR IN COMPLIANCE WITH ANY LICENSING REQUIREMENT OR OTHER OBLIGATION TO WHICH SUCH MEDICAL SPA OR PHYSICIAN OR OTHER INDIVIDUAL ASSOCIATED OR AFFILIATED THEREWITH MIGHT BE SUBJECT.

Oklahoma Day Spas DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY NATURE REGARDING THE NATURE OF THE SERVICES OFFERED BY ANY MEDICAL SPA OR ANY PHYSICIAN OR OTHER INDIVIDUAL ASSOCIATED THEREWITH, OR THE RESULTS TO BE ACHIEVED THEREFROM.

Oklahoma Day Spas (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR VISIT TO ANY MEDICAL SPA, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER IN CONNECTION WITH YOUR VISIT TO ANY MEDICAL SPA (C) YOUR USE OF ANY PRODUCT PURCHASE, OR (D) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY THEREFROM. THIS SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED MEDICAL OR HEALTH PROVIDER BEFORE PROCEEDING WITH ANY MEDICAL TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM OR USING ANY NEW PRODUCT. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQUIRE MEDICAL ATTENTION, YOU SHOULD SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY.