Terms of conditions.
## RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS
THESE TERMS OF SERVICE ("TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND UNDERTHEROSE WELLNESS LTD ("UNDERTHEROSE," "THE COMPANY," "US," OR "WE") REGARDING YOUR USE OF SERVICES (INCLUDING ANY CLASSES, EVENTS, OR ACTIVITIES (THE "PROGRAM") HOSTED, SPONSORED, OR AFFILIATED WITH UNDERTHEROSE) AVAILABLE AT UNDERTHEROSE IN-PERSON LOCATIONS, WWW.UNDERTHEROSESPA.COM, UNDERTHEROSE: BOOKING APP, INSTRUCTORS ("GUIDES") EMPLOYED BY UNDERTHEROSE, AND ANY DOWNLOADABLE SOFTWARE PROGRAMS YOU ACCESS OR INSTALL ON YOUR DEVICE OR PERSONAL COMPUTER AND THE SERVICES AVAILABLE THROUGH THAT SOFTWARE PROGRAM (TOGETHER, THE "SERVICE").
BY CLICKING "I AGREE," "I ACCEPT," OR SIMILAR LANGUAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR SEEK COMPENSATION.
PLEASE READ CAREFULLY
IN CONSIDERATION OF UNDERTHEROSE WELLNESS LTD. O/A UNDERTHEROSE SPA ("UNDERTHEROSE") ALLOWING YOU ("I" OR "ME") TO PARTICIPATE IN ACTIVITIES INCLUDING BREATHWORK, YOGA, MEDITATION, PERSONAL TRAINING, AND USE OF UNDERTHEROSE'S SAUNAS, ICE BATHS, TEA ROOMS, AND OTHER AMENITIES (COLLECTIVELY, THE "ACTIVITIES"), AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (THIS "AGREEMENT").
ASSUMPTION OF RISKS
1. I UNDERSTAND AND ACCEPT THAT THE ACTIVITIES MAY INVOLVE VARIOUS RISKS, DANGERS, AND HAZARDS, INCLUDING THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM PARTICIPATING VOLUNTARILY IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL RISKS, DANGERS, AND HAZARDS INVOLVED, INCLUDING THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF UNDERTHEROSE OR OTHERWISE. I UNDERSTAND THAT I SHOULD CONSULT A DOCTOR BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES AND INFORM UNDERTHEROSE OF ANY HEALTH CONCERNS PRIOR TO STARTING.
2. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS I HAVE OR MAY HAVE AGAINST UNDERTHEROSE, ANY ENTITIES (INCLUDING, WITHOUT LIMITATION, COMPANIES, PARTNERSHIPS, AND TRUSTS) OWNED, IN WHOLE OR IN PART, BY UNDERTHEROSE, AND THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASEES"), ARISING OUT OF OR RELATED TO THE ACTIVITIES (INCLUDING WHILE ON MY WAY TO, WHILE AT, AND WHILE LEAVING ANY PREMISES WHERE UNDERTHEROSE OFFERS THE ACTIVITIES), DUE TO ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF UNDERTHEROSE OR ANY OTHER RELEASEE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE OWING UNDER OCCUPIERS LIABILITY LEGISLATION OR OTHERWISE.
3. I AGREE NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST UNDERTHEROSE OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE UNDERTHEROSE AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. I WILL INDEMNIFY, DEFEND, AND HOLD UNDERTHEROSE AND ALL OTHER RELEASES HARMLESS AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE ACTIVITIES.
4. IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE RELEASE OF CLAIMS IS NOT VALID, I AGREE THAT THE RELEASES' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ACTIVITIES SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY ME TO UNDERTHEROSE IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) $500.
5. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN UNDERTHEROSE AND ME WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, AND WARRANTIES, BOTH WRITTEN AND ORAL, WITH RESPECT TO SUCH SUBJECT MATTER.
6. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE IN ANY JURISDICTION, SUCH INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER TERM OR PROVISION OF THIS AGREEMENT OR INVALIDATE OR RENDER UNENFORCEABLE SUCH TERM OR PROVISION IN ANY OTHER JURISDICTION.
7. THIS AGREEMENT IS BINDING ON AND SHALL ENURE TO THE BENEFIT OF UNDERTHEROSE AND ME AND EACH OF OUR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND PERMITTED ASSIGNS.
8. THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT MAY BE BROUGHT ONLY IN THE COURTS OF THE PROVINCE OF BRITISH COLUMBIA, AND I HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
9. THE PARTIES HAVE REQUIRED THAT THIS AGREEMENT AND ALL DOCUMENTS AND NOTICES RESULTING FROM IT BE DRAWN UP IN ENGLISH. LES PARTIES AUX PRÉSENTS ONT EXIGÉS QUE LA PRÉSENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS ET AVIS QUI S’Y RATTACHENT OU QUI EN DÉCOULERONT SOIT RÉDIGÉS EN LA LANGUE ANGLAISE. UNDERTHEROSE RECEIVES THE BENEFIT OF THIS AGREEMENT ON BEHALF OF THE OTHER RELEASEES, AS TRUSTEE AND AGENT FOR SUCH RELEASEES.
10. UNDERTHEROSE SHALL BE ENTITLED TO ENFORCE THIS AGREEMENT ON BEHALF OF EACH OF THE OTHER RELEASEES.
11. WITHOUT LIMITING ANY OF THE FOREGOING, I AGREE THAT IF I ENGAGE IN THE ACTIVITIES AS AN EMPLOYEE, AGENT, DIRECTOR, OFFICER, OR OTHER REPRESENTATIVE OF ANY ENTITY (INCLUDING, WITHOUT LIMITATION, A COMPANY, PARTNERSHIP, OR TRUST), I AM AUTHORIZED TO BIND SUCH ENTITY, AND THAT BY ENTERING INTO THIS AGREEMENT, I ALSO AGREE THAT THIS AGREEMENT SHALL ALSO APPLY TO ANY CLAIMS THAT SUCH ENTITY MAY HAVE ARISING FROM OR RELATING TO THE ACTIVITIES AND SHALL FUNCTION AS A RELEASE FROM BOTH (I) ME IN MY INDIVIDUAL CAPACITY AND (II) SUCH ENTITY.
12. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE UNDERTHEROSE AND THE RELEASEES.
ELIGIBILITY
YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE ANY OF UNDERTHEROSE’S PROGRAMS & SERVICES. BY AGREEING TO THIS AGREEMENT DURING THE SIGN-UP PROCESS, YOU REPRESENT AND CERTIFY THAT YOU ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH UNDERTHEROSE AND ITS PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS.
COMMUNITY GUIDELINES
BY JOINING AND PARTICIPATING IN UNDERTHEROSE’S COMMUNITY, YOU AGREE TO THE FOLLOWING GUIDELINES.
PRIVACY
- DO NOT SHARE YOUR PERSONAL INFORMATION IN A PUBLIC COMMUNITY. PLEASE USE DIRECT MESSAGING FOR SHARING PERSONAL INFORMATION.
- DO NOT TAKE SCREENSHOTS FROM UNDERTHEROSE’S COMMUNITY AND POST THEM ANYWHERE WITHOUT EXPLICIT CONSENT FROM THE ORIGINAL CONTENT PUBLISHER.
- DO NOT SHARE PRIVATE CONVERSATIONS THAT WERE INTENDED TO REMAIN PRIVATE.
RESPECT
- ANY FORM OF THREATENING LANGUAGE, HARASSMENT, VIOLENCE, RACISM, BULLYING, ATTACKS, OR INTIMIDATION OF ANY PARTY, INCLUDING COMMUNITY MEMBERS OR STAFF, WILL NOT BE TOLERATED. THIS INCLUDES MALICIOUS SPEECH REGARDING SEXUAL ORIENTATION, GENDER IDENTITY, AGE, ETHNIC ORIGIN OR RACE, RELIGION, DISABILITY, SIZE, SEXIST COMMENTS, OR HATE SPEECH.
- DISCRIMINATION BASED ON RACE, ETHNIC ORIGIN, RELIGION, DISABILITY, GENDER IDENTITY, AGE, VETERAN STATUS, SEXUAL ORIENTATION, OR ANY OTHER CHARACTERISTICS IS STRICTLY PROHIBITED.
- TREAT EACHOTHER WITH RESPECT. UNDERTHEROSE IS A WELCOMING COMMUNITY WHERE DIVERSITY IS ENCOURAGED.
HEALTH DISCLAIMER
I FULLY UNDERSTAND THAT I WILL BE ENGAGING IN ACTIVITIES THAT MAY INVOLVE PHYSICAL EXERCISE AND RISKS OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY AND DEATH, WHICH MIGHT RESULT FROM MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE, OR FROM THAT OF OTHERS, THE ACTIVITIES, OR THE CONDITION OF THE PREMISES OR EQUIPMENT USED.
I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO DETERMINE THAT I AM PHYSICALLY AND MEDICALLY ABLE TO PARTICIPATE IN THE PROGRAM AND, IF NECESSARY, TO CONSULT WITH A PHYSICIAN BEFORE PARTICIPATING. I REPRESENT AND WARRANT THAT I HAVE NO MEDICAL CONDITION THAT WOULD PREVENT MY PARTICIPATION, INCLUDING NO KNOWN HISTORY OF FAINTING OR EPILEPSY AND AM NOT CURRENTLY PREGNANT OR BREASTFEEDING.
I AM FULLY AWARE OF THE RISKS AND HAZARDS INVOLVED WITH PARTICIPATING IN THE PROGRAM, INCLUDING RISKS OF SERIOUS INJURY, PERMANENT DISABILITY, AND DEATH, AND THAT THERE MAY BE RISKS NOT KNOWN OR REASONABLY FORESEEABLE AT THIS TIME. I HAVE READ THE NOTICE REGARDING PHOTOSENSITIVE SEIZURES BELOW AND UNDERSTAND THAT THE PROGRAM MAY INCLUDE VIDEO PROJECTIONS AND STIMULATING VISUALS. I AGREE TO FULLY ASSUME ALL SUCH RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING ANY SUCH INJURY.
I AGREE TO RELEASE, WAIVE, DISCHARGE, AND NOT SUE THE COMPANY AND ITS AFFILIATES, OFFICERS, ADMINISTRATORS, DIRECTORS, TEACHERS, AND OTHER EMPLOYEES OF THE COMPANY (THE "RELEASEES") FROM ANY AND ALL LIABILITY TO ME, INCLUDING TO MY HEIRS OR NEXT OF KIN, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY, INCLUDING DISABILITY, DEATH, OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE RELEASEES IN CONNECTION WITH THE PROGRAM, INCLUDING DUE TO NEGLIGENCE OF THE RELEASEES.
I AGREE TO CONDUCT MYSELF IN A SAFE AND REASONABLE MANNER. I WILL NOT PARTICIPATE IN THE PROGRAM WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AND WILL NOT CONSUME DRUGS OR ALCOHOL WHILE PARTICIPATING.
NOTICE REGARDING PHOTOSENSITIVE SEIZURES
A VERY SMALL PERCENTAGE OF PEOPLE MAY HAVE SEIZURES OR BLACKOUTS WHEN EXPOSED TO CERTAIN VISUAL IMAGES, SUCH AS LIGHT FLASHES OR PATTERNS THAT MAY APPEAR IN VIDEOS. EVEN IF THEY HAVE NEVER HAD A SEIZURE OR EPILEPSY BEFORE, SOME PEOPLE MAY HAVE AN UNDIAGNOSED CONDITION THAT CAN CAUSE THESE "PHOTOSENSITIVE EPILEPTIC SEIZURES" WHILE WATCHING VISUAL SIMULATIONS. THESE SEIZURES MAY HAVE A VARIETY OF SYMPTOMS, INCLUDING LIGHTHEADEDNESS, ALTERED VISION, EYE OR FACE TWITCHING, JERKING OR SHAKING OF ARMS OR LEGS, DISORIENTATION, CONFUSION, OR MOMENTARY LOSS OF AWARENESS. IMMEDIATELY STOP PARTICIPATING IN THE PROGRAM AND CONSULT A DOCTOR IF YOU EXPERIENCE ANY SEIZURE-RELATED SYMPTOMS.
ACCOUNT
TO USE THE SERVICE, YOU MUST CREATE AN ACCOUNT. WHEN REGISTERING FOR AN ACCOUNT, YOU MUST PROVIDE ACCURATE AND COMPLETE INFORMATION AND PROMPTLY UPDATE THIS INFORMATION TO KEEP IT CURRENT. IF YOU PROVIDE ANY INFORMATION THAT IS INACCURATE OR INCOMPLETE, OR WE HAVE REASON TO BELIEVE THAT THE INFORMATION IS INACCURATE OR INCOMPLETE, WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR THROUGH YOUR ACCOUNT. USERS ARE RESPONSIBLE FOR KEEPING THEIR LOGIN CREDENTIALS CONFIDENTIAL AND SAFE. FOR THIS REASON, USERS ARE ALSO REQUIRED TO CHOOSE PASSWORDS THAT MEET THE HIGHEST STANDARDS OF STRENGTH. BY REGISTERING, USERS AGREE TO BE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THEIR USERNAME AND PASSWORD.
TO PROTECT YOUR ACCOUNT FROM UNAUTHORIZED USE, DO NOT PROVIDE YOUR USERNAME OR PASSWORD TO ANYONE ELSE. PLEASE NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY BY SENDING AN EMAIL TO HELLO@UNDERTHEROSESPA.COM
MEMBERSHIP SUBSCRIPTION FEES
UNDERTHEROSE OFFERS MEMBERSHIP SUBSCRIPTION-BASED ACCESS TO ITS IN-PERSON AND ON-DEMAND CLASSES. UNDERTHEROSE RESERVES THE RIGHT TO CANCEL, INTERRUPT, OR RESCHEDULE ANY CONTENT, CLASS, OR ONLINE COURSE. SUBJECT TO YOUR PAYMENT OF ANY APPLICABLE FEES (INCLUDING APPLICABLE TAXES) AND YOUR COMPLIANCE WITH ALL OF THE OTHER TERMS UNDERTHEROSE SPECIFIES FOR THE SERVICE, WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED RIGHT AND LICENSE, SO LONG AS THE CLASSES AND/OR ONLINE COURSES ARE AVAILABLE ON THE SERVICE, TO ACCESS, VIEW, USE, AND DISPLAY CLASSES AND/OR ONLINE COURSES FOR NON-COMMERCIAL, PRIVATE USE.
OFFERS AND DISCOUNTS
UNDERTHEROSE MAY OFFER DISCOUNTS, PROMO CODES, OR PROVIDE SPECIAL OFFERS FOR THE PURCHASE OF PRODUCTS. ANY SUCH OFFER OR DISCOUNT SHALL ALWAYS BE SUBJECT TO THE ELIGIBILITY CRITERIA AND ARE ALWAYS GRANTED AT OUR SOLE DISCRETION.
REPEATED OR RECURRING OFFERS OR DISCOUNTS CREATE NO CLAIM/TITLE OR RIGHT THAT USERS MAY ENFORCE IN THE FUTURE. DEPENDING ON THE CASE, DISCOUNTS OR OFFERS SHALL BE VALID FOR A LIMITED TIME ONLY OR IN LIMITED QUANTITY.
COUPONS AND OFFER CODES
OFFERS OR DISCOUNTS CAN BE BASED ON COUPONS AND OFFER CODES. UNLESS OTHERWISE STATED, THESE RULES APPLY TO THE USE OF COUPONS:
- EACH COUPON IS ONLY VALID WHEN USED IN THE MANNER AND WITHIN THE TIMEFRAME SPECIFIED ON THE WEBSITE AND/OR THE COUPON;
- A COUPON MAY ONLY BE APPLIED, IN ITS ENTIRETY, AT THE ACTUAL TIME OF PURCHASE – PARTIAL USE IS NOT PERMITTED;
- UNLESS OTHERWISE STATED, SINGLE-USE COUPONS MAY ONLY BE USED ONCE PER PURCHASE AND THEREFORE MAY ONLY BE APPLIED A SINGLE TIME EVEN IN CASES INVOLVING INSTALLMENT-BASED PURCHASES;
- A COUPON CANNOT BE APPLIED CUMULATIVELY;
- THE COUPON MUST BE REDEEMED EXCLUSIVELY WITHIN THE TIME SPECIFIED IN THE OFFER. AFTER THIS PERIOD, THE COUPON WILL AUTOMATICALLY EXPIRE, PRECLUDING ANY POSSIBILITY FOR THE USER TO CLAIM THE RELEVANT RIGHTS, INCLUDING CASH-OUT;
- THE USER IS NOT ENTITLED TO ANY CREDIT/REFUND/COMPENSATION IF THERE IS A DIFFERENCE BETWEEN THE VALUE OF THE COUPON AND THE REDEEMED VALUE;
- THE COUPON IS INTENDED SOLELY FOR NON-COMMERCIAL USE. ANY REPRODUCTION, COUNTERFEITING, AND COMMERCIAL TRADE OF THE COUPON IS STRICTLY FORBIDDEN, ALONG WITH ANY ILLEGAL ACTIVITY RELATED TO THE PURCHASE AND/OR USE OF THE COUPON.
PURCHASES VIA APP STORE AND GOOGLE PLAY
THIS APPLICATION OR SPECIFIC PRODUCTS AVAILABLE FOR SALE ON THIS APPLICATION MUST BE PURCHASED VIA A THIRD-PARTY APP STORE. TO ACCESS SUCH PURCHASES, USERS MUST FOLLOW THE INSTRUCTIONS PROVIDED ON THE RELEVANT ONLINE STORE (SUCH AS "APPLE APP STORE" OR "GOOGLE PLAY"), WHICH MAY VARY DEPENDING ON THE PARTICULAR DEVICE IN USE.
UNLESS OTHERWISE SPECIFIED, PURCHASES MADE VIA THIRD-PARTY ONLINE STORES ARE ALSO SUBJECT TO SUCH THIRD-PARTIES’ TERMS AND CONDITIONS, WHICH, IN CASE OF ANY INCONSISTENCY OR CONFLICT, SHALL ALWAYS PREVAIL UPON THESE TERMS.
USERS PURCHASING THROUGH SUCH THIRD-PARTY ONLINE STORES MUST THEREFORE READ SUCH TERMS AND CONDITIONS OF SALE CAREFULLY AND ACCEPT THEM.
MODIFICATION & DISCONTINUATION OF CONTENT
WE RESERVE THE RIGHT AT ANY TIME TO MODIFY, EDIT, DELETE, SUSPEND, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICE (OR ANY PORTION THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, EDITING, DELETION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE.
WE REGULARLY MAKE CHANGES TO THE SERVICE. THE AVAILABILITY OF THE CONTENT, AS WELL AS PLATFORMS AND COMPATIBLE DEVICES THROUGH WHICH DEVICES ARE AVAILABLE, WILL CHANGE FROM TIME TO TIME. WE RESERVE THE RIGHT TO REPLACE OR REMOVE ANY CONTENT AND THE PLATFORMS AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING SPECIFIC TITLES OF CONTENT, AND TO OTHERWISE MAKE CHANGES IN HOW WE OPERATE THE SERVICE.
ADDITIONALLY, YOU AGREE THAT FOR VARIOUS REASONS, CERTAIN CONTENT MAY BE AVAILABLE THROUGH ONE PLATFORM AND NOT ANOTHER.
WE MAY CHANGE, SUSPEND, OR DISCONTINUE – TEMPORARILY OR PERMANENTLY – SOME OR ALL OF THE SERVICE (INCLUDING THE CONTENT AND COMPATIBLE DEVICES THROUGH WHICH THE SERVICE IS ACCESSED), WITH RESPECT TO ANY OR ALL USERS, AT ANY TIME WITHOUT NOTICE.
IN OUR ONGOING EVALUATION OF THE SERVICE, WE MAY FROM TIME TO TIME, WITH RESPECT TO ANY OR ALL OF OUR USERS, EXPERIMENT WITH OR OTHERWISE OFFER CERTAIN FEATURES OR OTHER ELEMENTS OF THE SERVICE, INCLUDING PROMOTIONAL FEATURES, USER INTERFACES, PLANS, PRICING, AND ADVERTISEMENTS. YOU ACKNOWLEDGE THAT THE COMPANY MAY DO SO AT THE COMPANY'S SOLE DISCRETION AT ANY TIME WITHOUT NOTICE.
PROPRIETARY RIGHTS
MATERIALS ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, NAMES, LOGOS, TRADEMARKS, IMAGES, TEXT, COLUMNS, GRAPHICS, VIDEOS, PHOTOGRAPHS, ILLUSTRATIONS, ARTWORK, SOFTWARE, AND OTHER ELEMENTS (COLLECTIVELY, "MATERIAL") ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS OWNED AND CONTROLLED BY UNDERTHEROSE OR BY THIRD PARTIES THAT HAVE LICENSED OR OTHERWISE PROVIDED THEIR MATERIAL TO THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT ALL MATERIALS ON THE SERVICE ARE MADE AVAILABLE TO YOU FOR LIMITED, NON-COMMERCIAL, PERSONAL USE ONLY. NO MATERIAL MAY BE COPIED, REPRODUCED, REPUBLISHED, SOLD, DOWNLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY, OR OTHERWISE USED FOR ANY PURPOSE, BY ANY PERSON OR ENTITY, WITHOUT THE COMPANY’S PRIOR EXPRESS WRITTEN PERMISSION.
CONSENT TO ELECTRONIC COMMUNICATIONS
BY USING THE SERVICE, YOU CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS FROM US. THESE COMMUNICATIONS MAY INCLUDE NOTICES ABOUT YOUR ACCOUNT AND INFORMATION CONCERNING OR RELATED TO THE SERVICE. YOU AGREE THAT ANY NOTICES, AGREEMENTS, DISCLOSURES, OR OTHER COMMUNICATIONS THAT WE SEND TO YOU ELECTRONICALLY WILL SATISFY ANY LEGAL COMMUNICATION REQUIREMENTS, INCLUDING THAT SUCH COMMUNICATIONS BE IN WRITING.
YOU ARE SOLELY RESPONSIBLE FOR ALL FEES CHARGED BY YOUR TELECOMMUNICATIONS SERVICE PROVIDER OR ANY OTHER SERVICE PROVIDER RELATED TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SMS/TEXT MESSAGING FEES, DATA CHARGES, AND OTHER FEES.
UPDATES TO OUR TERMS OF USE
WE MAY OCCASIONALLY UPDATE THESE TERMS OF USE. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE END OF THIS DOCUMENT. YOUR CONTINUED USE OF OUR SERVICE AFTER SUCH CHANGES WILL BE SUBJECT TO THE THEN-CURRENT TERMS.
CONTACTING UNDERTHEROSE
FOR QUESTIONS, COMMENTS, COMPLAINTS, OR CLAIMS RELATED TO UNDERTHEROSE SPA LOCATIONS, PLEASE CONTACT OUR UNDERTHEROSE TEAM.