User Agreement

 

PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.

This user agreement (the “User Agreement”) between you and Marielle de Spa (“MDS”), governs your use of the Web site www.marielledespa.com (the “Site”), or any Web page operated by MDS.  By using this Site, accessing any of MDS’ Web pages, or otherwise using any services provided by MDS, you agree that you have the requisite capacity to enter into this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of MDS’ Web pages or use any other services provided by MDS. MDS reserves the right, at any time and without notice, to modify, alter, or update the User Agreement, and you agree to be bound by such modifications, alterations, or updates, whether or not you are aware of them.

COPYRIGHT AND TRADEMARK NOTICES

All content included or available on this Site, including but not limited to code, scripts, images, site design, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, and the selection and arrangements thereof (collectively the “Materials”) are the property of MDS and/or third parties and protected by copyright laws. MDS grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer.  Any other use of the Materials on this Site, including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited.  You understand and agree that neither this User Agreement nor any conduct of MDS implies any license to use any of the Materials contained on this Site, whether or not such Materials are owned by MDS. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written permission of an authorized officer of MDS.

LEGAL DISCLAIMER

MDS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MDS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM SITES LINKED TO THIS SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY SERVICE OUTAGES THAT ARE CAUSED BY MAINTENANCE ON MDS’ SERVERS OR THE TECHNOLOGY THAT UNDERLIES THIS SITE, FAILURES OF MDS’ SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING AND POWER PROVIDERS) COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF MDS’ FACILITIES, AN ACT OF NATURE, WAR, CIVIL DISTURBANCE OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF MDS. MDS DOES NOT WARRANT THAT THIS SITE, ANY WEB SITE LINKED TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  IN ADDITION, MDS DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE OR ON ANY SITE LINKED TO THIS SITE.  MDS’ SITE AND ITS CONTENT ARE DISTRIBUTED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. MDS DOES NOT MAKE ANY WARRANTY THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR INTEGRITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS (V) THIS SITE, ITS SERVERS, AND ANY WEB SITES LINKED TO THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) ANY ERRORS WILL BE CORRECTED. MDS DOES MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE MDS’ SITE, ANY CONTENT OR  ANY OF MDS’ SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL MDS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT OR YOUR USE OF THE SITE, EVEN IF MDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN THE EVENT SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW, FAIL OF THEIR ESSENTIAL PURPOSE, OR DO NOT OTHERWISE APPLY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE THE  LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO MDS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE THAT ANY LIMITATIONS ON LIABILITY STATED IN THIS SECTION 3 IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH MDS’ SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER RESOURCES IN CONNECTION WITH THE TYPE OF SERVICES PROVIDED BY THIS SITE.

Privacy Policy

Marielle de Spa ( “MDS”) is committed to protecting your privacy.  This privacy policy discloses the types of information MDS gathers and how MDS uses this information. These privacy practices apply to this Site only. The primary goal in collecting personal information is to provide you with a more personalized experience by providing you with the best and most useful content and services. MDS collects personally identifiable information when you provide it to MDS, such as when you register on this Site. Once you register with MDS you are no longer anonymous to MDS. MDS may  also receive information about you from other sources and add it to the information you provided to MDS. 
Your Internet browser has a feature called “cookies” which stores small amounts of data on your computer about your visit to this Site. You do not need to have cookies turned on to visit most of this Site, although active participation in certain areas of this Site may require cookies. Cookies alone tell MDS nothing about who you are unless you specifically give MDS personally identifiable information when, in which case MDS may use the information to enhance your services in the ways described below. You may elect not to allow cookies to be collected by adjusting your settings on your browser. MDS may use technologies, including electronic images known as Web bugs–sometimes called transparent GIFs, clear GIFs, or beacons–that allow MDS to track general user traffic patterns. MDS also automatically receives and records information from servers and from your browser, including your IP address, the time of your visit to pages on this Site, and information about pages you visited. Unless you have registered for one of MDS’ services, the information MDS gathers through the use of tracking technologies cannot be matched with any personally identifiable information about you unless you have specifically given MDS personally identifiable information, in which case MDS may use the information to enhance your services in the ways described below. MDS uses cookies and tracking technologies in a variety of ways, including: Keeping count of return visits to our site or our advertisers’ or partners’ sites Accumulating and reporting anonymous, aggregate (data collected in mass), statistical information on Site. MDS uses the information collected about you to improve the design and layout of this Site, to occasionally notify you about important functionality changes to this Site, to notify you about new services and special offers we think you will find valuable. MDS does not sell, trade or otherwise transmit your personal information to non-affiliated third parties, unless MDS believes, in good faith, it would be necessary to (i) comply with applicable law, (ii) enforce the terms of this User Agreement, (iii) protect the rights, property or safety of MDS, its users or others. By using this Site, you consent to the collection and use of your personal information as described above.  If MDS changes its privacy policy, it will post those changes on this page so that you are always aware of what information is being collected, how it is being used, and under what circumstances it will be disclosed.   
Users who would rather not provide any of the user data requested by this Site’s registration process, if such process exists, do not need to register with the Site. You can still view much of the content and use many of the services offered by our sites without registering. Users may also opt out of receiving notices and special offers, or the sharing of their personal information to third parties, by sending an email to mds@marielledespa.com and specifying the information to be withheld or the notices or special offers they wish to decline.  This Site is not directed to minors under the age of 13. This site is operated in compliance with the Children’s Online Privacy Protection Act and it does not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.