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Terms of Use

Effective October 13, 2005

These Terms of Use (this “Agreement”) are provided by Cleise Brazilian Day Spa and will govern your use of all websites owned or controlled by Cleise Brazilian Day Spa, including all content provided on, or through access to, the Website (as that term is defined herein).

This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an
employee, officer, agent, partner, etc. or each organization you represent in connection with any use of the Website) and the Spa (as that term is defined herein). By using the Website, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Website.

The Spa reserves the right to remove, amend, or replace any provision of this Agreement at any time, but if it does so, will notify you by posting such changes on the Website before they become effective.

1. Definitions
2. “Content” means all content provided on, or through access to, the Website.
3. “Spa” means Cleise Brazilian Day Spa, located at 1841 North Sheffield, Chicago, IL, its owners, employees, successors, and assigns.
4. “Website” means www.cleisespa.com.
5. Disclaimer and Indemnification
6. Links to Third-Party Websites. The Website may include hyperlinks to third-party websites. Except with respect to other Websites maintained by the Spa, the Spa is not, nor is any person or entity associated with the Spa, responsible for, and makes no representations or endorsements with respect to, any such website, or with respect to any product or service that may be provided by or through such websites. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use polices or other terms of use that differ substantially from the provisions of this Agreement, and you should consult such terms of use before using such websites, products or service.
7. NO WARRANTIES. THE SPA PROVIDES THE WEBSITES AND ALL CONTENT THEREOF SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE WEBSITES OR CONTENT ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. THE SPA DOES NOT, NOR DOES ANY PERSON OR ENTITY ASSOCIATED WITH THE SPA, GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT. IN ADDITION, THE SPA DOES NOT, NOR DOES ANY PERSON OR ENTITY ASSOCIATED WITH THE SPA, GUARANTEE THAT PROVISION OF ANY WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY WEBSITE WILL CONTINUE TO BE AVAILABLE.
8. Indemnification. The Spa provides the Website and Content solely as an accommodation to you, and the Spa and each person and entity associated with the Spa will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless the Spa, and each person and entity associated with the Spa, and their respective partners, employees, vendors, and agents, from and against any and all claims, that arise from or relate to your use of the Website or Content.
9. Intellectual Property
10. Content . All of the Content, including, without limitation, all text, graphics, video and sounds on the Website, and all computer code associated therewith, are the valuable proprietary property of the Spa, its licensors and contributors, and are subject to copyright, trademark, and other intellectual property protection. You acknowledge and agree that the Spa has expended substantial time and effort to create the Website, and the Content provided through the Website, and that the Spa exclusively owns or has been licensed by third parties to use and sublicense all rights, title, and interest therein and all associated information, data, images, and other material.
11. Complaints. If you wish to make any complaint regarding any Content then please contact us at info@cleisespa.com.
12. Limitations of Liability
13. NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE LAW, IN NO EVENT WILL THE SPA, ANY OTHER ENTITY THAT IS PART OF THE SPA, OR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, EMPLOYEES, VENDORS, OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE WEBSITE, OR ANY CONTENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE LAWS OR OTHERWISE, EVEN IF THE SPA, ANY OTHER
ENTITY THAT IS PART OF THE SPA, OR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, EMPLOYEES, VENDORS, OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
14. AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE LAW, IN NO EVENT WITH THE AGGREGATE LIABILITY OF THE SPA, OR OTHER ENTITY THAT IS PART OF THE SPA, OR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, EMPLOYEES, VENDORS, AND AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, AND ALL CONTENT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
15. Miscellaneous
16. Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
17. Waiver. The Spa will not, nor will any entity that is part of the Spa, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
18. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
19. Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations, or agreements between the parties relating to the subject matter hereof.