Welcome to Palestra Boutique Spa’s website. These Terms and Conditions govern your use of https://www.palestraboutiquespa.com/ (the “Site”) and the services offered through the Site. By accessing or using the Site, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our Site.
1. Acceptance of Terms
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms and Conditions constitute a legally binding agreement between you and Palestra Boutique Spa.
2. Use of the Site
2.1 Eligibility
You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are at least 18 years of age.
2.2 License to Use
Subject to these Terms and Conditions, Palestra Boutique Spa grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes.
2.3 Prohibited Uses
You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate Palestra Boutique Spa, a Palestra Boutique Spa employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Palestra Boutique Spa or users of the Site or expose them to liability
3. Intellectual Property Rights
3.1 Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Palestra Boutique Spa, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Trademarks
The Palestra Boutique Spa name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Palestra Boutique Spa or its affiliates or licensors. You must not use such marks without the prior written permission of Palestra Boutique Spa.
4. User Contributions
The Site does not contain interactive features that allow users to post, submit, publish, display, or transmit any content. However, if such features are added in the future, you agree that any user contributions will comply with these Terms and Conditions and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
5. Booking Services
5.1 Third-Party Booking System
Our Site includes a booking button that redirects you to a third-party booking system. Please note that your use of the third-party booking system is subject to the terms and conditions of that third-party service provider.
5.2 No Liability for Third-Party Services
Palestra Boutique Spa is not responsible for the content, privacy policies, or practices of any third-party booking system. We do not warrant the offerings of any of these entities/individuals or their websites.
5.3 Accuracy of Booking Information
While we strive to provide accurate information about our services and availability, we do not warrant that the information available on the Site or through the third-party booking system is accurate, complete, reliable, current, or error-free.
6. Disclaimer of Warranties
6.1 “As Is” and “As Available” Basis
Your use of the Site and any services obtained through the Site is at your own risk. The Site and its contents are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
6.2 No Warranties
Neither Palestra Boutique Spa nor any person associated with Palestra Boutique Spa makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither Palestra Boutique Spa nor anyone associated with Palestra Boutique Spa represents or warrants that the Site or its contents will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations.
6.3 Disclaimer of Specific Warranties
Palestra Boutique Spa hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
7. Limitation of Liability
7.1 Exclusion of Damages
In no event will Palestra Boutique Spa, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
7.2 Limitation of Liability
If, notwithstanding the other provisions of these Terms and Conditions, Palestra Boutique Spa is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any of its content, Palestra Boutique Spa’s liability shall in no event exceed $100.00.
8. Indemnification
You agree to defend, indemnify, and hold harmless Palestra Boutique Spa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, any use of the Site’s content other than as expressly authorized in these Terms and Conditions.
9. Governing Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the state in which Palestra Boutique Spa is located, 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 and Conditions or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the state in which Palestra Boutique Spa is located, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Waiver and Severability
No waiver by Palestra Boutique Spa of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Palestra Boutique Spa to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
11. Changes to Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes.
12. Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Palestra Boutique Spa regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
13. Contact Information
If you have any questions about these Terms and Conditions, please contact us.
By using the Palestra Boutique Spa website, you acknowledge that you have read these Terms and Conditions, understood them, and agree to be bound by them. If you do not agree to these Terms and Conditions, you are not authorized to use the Site.
Last updated: 11/20/2024