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Terms of service

Welcome to FunSpas website!

FUN SPAS LTD (hereinafter “us”, “we”, or “FunSpas”) operates the Funspas.net website, contained within or otherwise available through external hyperlinks, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”). The terms of use and all terms and conditions contained or referenced herein, our privacy policies, cookie policy and, for particular services, any additional posted terms and conditions that apply to such services (collectively, the “Terms and Conditions”) apply to your use of the Site, or any of the products or services offered through the Site, including your communications with us. By using the Site or any of the products or services offered through the Site, you agree to these Terms and Conditions, which govern your participation in the use of the Site, any other related products or services provided by FunSpas (taken together the “Service”). The Service is owned and operated by us. We may update these Terms and Conditions from time to time without any notice to you. You agree that it is your responsibility to review the Site and these Terms and Conditions periodically to learn of any modifications. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms and Conditions. The Service is offered subject to your (hereinafter “you”, the “User” or the “Customer”) acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us. The Customer and FunSpas may be referenced collectively as Parties.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITONS, DO NOT USE THE SITE; YOU MUST LEAVE THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THE SITE.

The following terms and conditions (hereinafter the “Agreement”) govern your participation in the use of the Site and the Services.

BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. BY CLICKING THE “AGREE” BUTTON YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) ACCEPT THIS AGREEMENT; AND (III) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND THE CHANGES THERETO. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

 

Access

 

Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use. FunSpas may change, suspend or discontinue the Service at any time, including the availability of any feature, function, content or benefit. FunSpas may also impose limits on certain features and services or restrict User's access to parts or all of the Service without notice or liability. FunSpas reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email.

User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes User's acceptance and agreement of the terms and conditions of this Agreement as modified.

Notwithstanding the foregoing, FunSpas may change any of its products, services, offers or rewards at any time with or without notice. The Service is available only to individuals who are at least 18 years of age. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

 

Registration

 

In order to purchase, or use any products or services through the Site, or access certain other features of the Site, you may be required to register with an email address and select a password. Your email address shall serve as your user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a user name a name that is subject to any rights of a person other than you without proper authorization. You will keep all such information updated and will not provide any third party with access to your account. Each User may only have one registered account.

As a condition of account registration, we require that you allow us to send you notifications via email including informational and promotional emails. This is required so we can provide you with a convenient way to access your orders, view your past purchases, review your shopping cart, and modify your preferences. You may opt out of promotional emails at any time as set forth in our terms and conditions.

You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. You are also responsible to maintain the security of any passwords or other account login information. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a user name, for any reason.

 

Purchase of Products

 

By engaging in a transaction, including registering on our Site, or placing an order for any of the products, your activity is governed by our terms and conditions, including all commercial transactions that are created electronically between the Parties. Purchase orders are allowed to be sent only electronically through the FunSpas web shop.

FunSpas will only accept the order if the Customer completes all fields required for the order. If the Customer fills a field incorrectly or incompletely, the website sends an error message from FunSpas. The Customer may place the selected product(s) in the cart by using the "Add to Cart" button on the page. To view and modify the contents of the cart, the Customer may click on the cart icon on the right side of the Site, then click on the “Modify” button to specify the desired quantity of products. If the Customer finalized the contents of the cart, they can place the order by clicking on “Purchase” under the cumulative purchase price. The next step is to provide their name, address email address, and phone number, choose between shipping options and determine how to pay for the total amount of the order. Customers also have the opportunity to add a comment to the order. After selecting one of the payment methods, the Customer can click on the "Continue" button to check their order information before submitting an order. To submit the order, to send the quote, the Customer must click on "Confirm". By clicking on the "Confirm" button, the order is placed, which gives rise to a payment obligation for the Customer.

FunSpas shall not be liable for any damages or delivery delays resulting from erroneous or inaccurate data provided by the Customer. FunSpas shall not be liable for any damages arising therefrom if the Customer forgets the password or it becomes available to any unauthorized person, for any reason not attributable to FunSpas. FunSpas shall not be liable for any kind of damage or delay resulting from the Customer’s alteration of the registered data. The Customer shall notify the customer service about any change of data in active orders by sending an email to sales01@FunSpas.net.

The essential features, attributes, and instructions for using the product can be found on the product information page of each product. If the product has more favorable or more advantageous properties than the information provided on the Site or in the instructions for use, that is considered to be the proper fulfillment of the contractual obligations of FunSpas. If the Customer is in need of more information about the quality, basic attributes, use and usability of any product on our Site they can contact us at sales01@FunSpas.net.

Upon placing the order the system shall generate an automatic response that sends a message to the Customer’s email address from a no-reply email address. However, neither this message not the submission of the order results in a contract between the Customer and FunSpas. The contract is entered into by and between the Customer and FunSpas when a FunSpas associate sends an email to the Customer and confirms the order. A confirmation of receipt shall be electronically delivered to the Customer by FunSpas. Such confirmation of receipt from the FunSpas associate shall arrive in 72 hours from placing the order online and upon receipt of the no-reply email message.

This confirmation of receipt via email shall contain the Customer's information inputted by the Customer during the online order process as well as the order identification, the list of ordered items, their quantity, the price of the product, the method and planned date of delivery, the shipping cost and the total amount paid by the Customer. This confirmation email informs the Customer that their order has been received by FunSpas and whether the ordered item is available. If the ordered item is not available the confirmation of receipt will inform the Customer when it will become available again. If the confirmation of receipt email informs the Customer that the ordered item is not available, Customer shall have the right to cancel the contract within 72 hours from the receipt of email. If the confirmation of receipt email informs the Customer that the ordered item is available, Customer shall be obligated to respond within 72 hours from the receipt of email to assist the FunSpas associates in making arrangements for the date of delivery.

The Customer is required to review the content of the confirmation email, its attachment or the links contained therein, if any for the accuracy of the information the Customer provided. Any additional delivery charges or other costs or delay that may be due to incorrectly or insufficient information, is borne by the Customer. If the Customer received the confirmation email and notices any error or inaccurate information, the Customer has to notify us at sales01@FunSpas.net not later than in 24 hours upon receipt of the confirmation email.

The confirmation of receipt constitutes the acceptance of FunSpas in connection with the Customer’s order and creates a binding contract between the Customer and FunSpas. The Customer shall be exempt from entering into a binding contract if the Customer does not receive a confirmation of receipt via email from FunSpas within 72 hours.

FunSpas may add other products and services at any time. Such other services and products shall be considered part of the Service and may be subject to additional or different terms and conditions.

 

Cancellation of the Order

 

The purchase order may be canceled if the Customer does not receive a confirmation of receipt via email from FunSpas within 72 hours; in this case Customer shall have the right to cancel the contract within 72 hours from the time the no-reply system message was received by the Customer.

The purchase order may also be canceled if the confirmation of receipt email informs the Customer that the ordered item is not available; in this case Customer shall have the right to cancel the contract within 72 hours from the receipt of email.

The purchase order may be modified without any consequences until the 10th calendar day counted from the date when the order confirmation was sent to the Customer via email by a FunSpas associate, if it comes to Customer’s knowledge that a different kind of hot tub should have been ordered, i.e.: different in size, capacity, features, etc. is needed. If the Consumer wishes to modify the order and consequently amend the contract with FunSpas, the Customer has to notify us at sales01@FunSpas.net as soon as possible but not later than on 10th calendar day counted from the date when the order confirmation was sent by a FunSpas associate to the Customer.

The Consumer bears the burden of proof in connection with the timely modification or cancellation of the order. The Customer’s email regarding the modification or the cancellation shall be acknowledged by a FunSpas associate via email in 72 hours, and such email shall contain the Customer's information inputted by the Customer during the online order process and either the new order identification, the new list of ordered items, the new quantity, the new price of the product, the new method and planned date of delivery, the new shipping cost and the new total amount to be paid, or the fact of the cancellation.

 

Pricing

 

The purchase price is always the amount indicated next to the selected product, which does not include the sales tax. The sales tax is calculated during the checkout process. The purchase price of the product does not include the cost of delivery. The delivery cost will be calculated during the checkout process. The amount payable is the total amount including the purchase price, the sales tax, and the delivery cost, and the amount payable is shown in US dollars. For the states where applicable, the sales tax is collected in accordance with the state laws to be remitted to the states. The sales tax calculation is based on the place of delivery of the order. The cost of delivery, i.e.: the shipping and handling charges may be taxable based on applicable state laws.

FunSpas reserves the right to change the price of products and other terms of the order. The change does not affect the purchase price of products that have already been ordered. FunSpas excludes any liability for data input errors and/or for false or incorrect display of price. If the incorrect price is posted on the website, FunSpas is not obligated to sell the product at the incorrect price. An incorrect or wrong price is in particular but not limited to:

  • An obviously incorrect, unrealistic price which significantly differs from the generally expected price of the product;

  • "$0" or "$1” price due to a system failure; or

  • Other unrealistic price that clearly indicates the value disproportion.

 

Delivery

The delivery of the product is always arranged with the assistance of professional third party shipping companies. Such shipping companies are requested to deliver the product to the curbside. The Customer understands, accepts, and agrees that the delivery service we provide via the third party shipping company is curbside delivery only. The delivery address Customer indicates must be accessible by a large truck and available for the release of the pallet-based cargo shipment of the packaged and secured hot tub. The shipping company shall not be responsible for moving the product(s) to your desired location as the shipping contract is solely for the curbside delivery service. In general, our products require at least 2 and up to 6 people at the time of delivery to remove the merchandise from the truck of the shipping company. The shipping company shall not be responsible for removing the product(s) from the truck as the shipping contract is solely for the curbside delivery service. The Customer understands, accepts, and agrees that the product is heavy and large, thus even with liftgate service, at least 2 and up to 6 people will be needed at the time of delivery.

The Customer understands, accepts, and agrees that it’s the Customer’s responsibility to

  • Inspect the product immediately upon arrival for obvious signs of damage of the packaging hence the product;

  • Remove all packing materials and inspect the delivered product for damages as long as the shipping company’s representative is there;

  • Not use sharp blades to remove packing materials;

  • Note any damages or missing items on the delivery receipt, otherwise if no damage is noted on the delivery receipt, the delivery is considered complete;

  • Compare the number of units received to the number of units listed on the delivery receipt;

  • Sign the delivery receipt, if no damages, inconsistencies, or incompleteness is reported;

  • Take a copy of the delivery receipt from the driver and allow the driver to take the original signed copy as proof of delivery;

  • Indicate damages, inconsistencies, or incompleteness on the delivery receipt if the delivery fails to be complete;

  • Contact our customer support at sales01@FunSpas.net in connection with any damages, inconsistencies, or incompleteness that are indicated on the delivery receipt;

  • Refuse the delivery only if the acrylic o the hot tub is damaged or if the hot tub arrives with an extreme damage;

  • Accept the delivery if the damage affects only the cabinet panels or the cover of the hot tub as it is considered as minor damage that should be noted on the delivery receipt;

  • Contact our customer support at sales01@FunSpas.net if the delivery is refused; and

  • Contact our customer support at sales01@FunSpas.net if the hot tub cover or any of the accessories are missing with a copy of the delivery receipt indicating the missing item.

FunSpas will arrange the shipping of the parts in connection with damages noted on the delivery receipt at no extra charge. However, if the Customer fails to indicate the damages, inconsistencies, or incompleteness on the delivery receipt, the Customer shall be responsible for the cost of the parts and the applicable shipping charges. The Customer understands, accepts, and agrees that FunSpas does not sell items that are previously owned, used, or otherwise show sign of wear and tear; therefore we cannot offer returns or refunds on purchases upon the acceptance of delivery.

FunSpas is currently arranges shipping to the 47 states of the continuous United States of America except to California, Alaska, and Hawaii. Orders under $500 will be shipped for a flat rate of $24.95. Expedited shipping is not available to any of the 47 states. FunSpas does not arrange shipping to Canada.

Orders for products that are on stock shall be dispatched not later than on the 10th business day from the date the order confirmation was sent to the Customer via email by a FunSpas associate. The actual delivery times vary and FunSpas takes no responsibility for the length of the period of time spent between the date of dispatch and the date of delivery. FunSpas’ products are limited in availability due to production scheduling in connection with the various models. If we are out of the model you chose, the Customer shall be informed via the confirmation receipt from a FunSpas associate and may cancel the order within 72 hours from the receipt of such email.

Use of the site

 

Your use of the Site is subject to all applicable laws and regulations. You understand and acknowledge that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of FunSpas. FunSpas shall not be responsible for any data lost while transmitting information on the Internet. It is FunSpas’s objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason including, without limitation, due to routine maintenance, update or upgrade. FunSpas shall have the right at any time to change or discontinue any part or feature of the Site, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use. The photographs and the shapes, shades, hues, or colors displayed within for each product are solely for the purposes of illustration; therefore, they may differ from the actual. FunSpas tries to ensure that the photographs show the actual products as closely similar to their real appearance as technically possible but shall not be responsible for the accuracy or completeness of the images, nor for other photographic mistakes or errors of the photographs.

 

Restrictions

 

Your unauthorized use may result in the cancellation, and potential suspension or termination of your account. Without limiting the applicability of any other provisions of the terms and conditions herein, you are hereby notified that you may not:

  • Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or our content or our users’ content (collectively, the “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.

  • Attempt to gain unauthorized access to any portion of the Site or any Content thereof, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means.

  • Reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other user of our Site.

  • Use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site.

  • Use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with FunSpas.

  • Use the Site or any Content for any purpose that is unlawful or prohibited by the terms and conditions.

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Site’s systems or networks, or any systems or networks connected to the Site.

  • Remove any copyright, trademark, or other proprietary rights notice contained in or on the Site.

 

Third Party Sites and Links

 

We may provide links to third party websites and permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. We are not responsible for the content of linked third party websites and we do not make any representations regarding their content or accuracy. Your use of third party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. Unless you have executed a written agreement with FunSpas expressly permitting you to do so, you may link to the Site. User acknowledges and agrees that FunSpas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. These other websites are not under FunSpas’s control, and User acknowledges that FunSpas is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. We do not recommend or endorse the content of any third party websites, and the inclusion of any such link does not imply endorsement by FunSpas.

 

Copyrights and Trademarks

 

FunSpas Content means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site, including but not limited to the Site as a collective work, its design and structure (hereinafter “FunSpas Content”). FunSpas Content is owned by or licensed to FunSpas and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these terms and conditions, no FunSpas Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. FunSpas reserves all rights to copy and distribute any part of the Site by any method or technique. It is prohibited to modify, transform, reproduce, download, store or print any or all of the content of the Site, to use the FunSpas Content to create another website or product, to present, expose or distribute, transfer, dispose of it for commercial or non-commercial use in any way and in any form without any prior written consent of FunSpas. Copying, reusing and mirroring, i.e.: re-broadcasting to the public by means of a technical process, sharing, communicating in any medium, broadcasting or transmission of any FunSpas Content without any prior written consent of the FunSpas is also prohibited. Nothing contained in these terms and conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors. Without limiting the applicability of any other provisions of these terms and conditions, FunSpas Content is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights licensed to FunSpas. The foregoing provisions apply equally to and are for the benefit of FunSpas, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If you believe any FunSpas Content or any other aspect of our Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the email address below and we will provide you with our Copyright Agent’s contact information. Your notice must meet the requirements of the Digital Millennium Copyright Act (hereinafter the “DMCA”) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, email address, and telephone number;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

The email address for requesting our Copyright Agent’s contact information is sales01@FunSpas.net. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, DMCA permits you to send us a counter-notice. Counter-notices must meet the then-current statutory requirements imposed by the DMCA and sent our Copyright at sales01@FunSpas.net

 

Warranty Disclaimer

 

THE SITE, ALL CONTENT, ALL SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS AND FUNSPAS ON BEHALF OF ITSELF AND ALL TRANSACTION INFORMATION PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FUNSPAS MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. USER ACKNOWLEDGES THAT FUNSPAS IS NOT RESPONSIBLE FOR (I) ANY PRODUCTS OR SERVICES PROVIDED BY ANY PARTICIPATING MERCHANT, OR (II) ANY USER CONTENT OF THE AFFECTS OF SUCH CONTENT ON USER. USER'S USE OF THE SERVICE IS SOLELY AT USER'S OWN RISK. FUNSPAS DISCLAIMS ANY AND ALL WARRANTIES FOR THIRD PARTY GOODS AND SERVICES RECEIVED THROUGH, OR IN CONNECTION WITH, OR ADVERTISED ON, THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

Limination of Liability

 

IN NO EVENT SHALL FUNSPAS, THE TRANSACTION INFORMATION PROVIDERS, OR ANY OF ITS OR THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION, (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER'S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, (IV) FOR ANY PARTICIPATING MERCHANT'S PRODUCTS, SERVICES, OFFERS, REWARDS OR ACTIVITIES, (V) FOR ANY DIRECT DAMAGES IN EXCESS OF IN THE AGGREGATE $1,000.00 (ONE THOUSAND US DOLLARS), OR (VI) FOR ANY DAMAGES RELATED TO ANY MATTERS BEYOND ITS REASONABLE CONTROL, SUCH AS ANY THIRD PARTY "HACKING", ISP OUTAGES, ETC. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

In addition, FunSpas shall not be liable for any loss or liability resulting, directly or indirectly, from User's inability to access or otherwise use the Site, including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures.

 

Privacy Policies and Coppa

 

The Site is not directed to children under the age of 13 and we do not knowingly collect personally identifiable information from children under the age of 13, nor do we knowingly distribute such information to third parties. For the detailed information, please see FunSpas’ Privacy Policy.

 

Indemnification

 

You agree to defend, indemnify, and hold FunSpas and our affiliates harmless from and against any demands, loss, liability, claims, damages or expenses, including reasonable attorneys’ fees and costs, made against us by any third party due to, arising out of, or related to (i) your access to the Site or part thereof, (ii) User’s use or misuse of the Site, (iii) any User Content posted, uploaded or transmitted, or otherwise contributes by you, (iv) your use or distribution of any User Content, (v) your violation of our terms and conditions, (vi) any use of your user name by you or any third party, (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person, or (viii) gross negligence or willful misconduct.

 

Termination

 

In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of the terms and conditions or for any other reason.

 

Notices

 

We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.

 

No Class action

 

All arbitration proceedings shall be individual arbitration. You expressly agree that no other claims may be joined with your claims. You further agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither you nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action. If any part of this Section of this Agreement, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to unenforceable, then the entire arbitration provision shall be null and void.

 

Governing Law

 

The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States and accessing the Site from territories where its use is illegal is prohibited.

 

Waiver

 

Any failure by FunSpas to enforce or exercise any provisions of these terms and conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

 

Miscellaneous Provisions

 

These terms and conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in and the remaining portions of this Agreement shall continue in full force and effect.

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