PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pure Spa Direct, Pure Salon Direct, Pure Massage Direct, Pure Nail Direct, Pure Tan Direct which are divisions of Pretty Like Me, Inc. (hereinafter referred to as "PLM"). The collective work includes works that are licensed to PLM. Copyright 2003-, Pretty Like Me, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PLM or purchasing PLM products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PLM or to purchase PLM products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by PLM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of PLM used in the site are trademarks or registered trademarks of PLM
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PLM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PLM does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PLM does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
PLM shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PLM has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Under no circumstances are we liable for any loss, damage or expenses of any kind arising out of the use or inability to use our products. It is important that you analyze all aspects of your application and review the technical information concerning the product. You, the user, are solely responsible for making the appropriate selection of products for your application, and assuring that all performance and safety requirements for the product are met, and the service you are providing is within the scope of your licensure, and acceptable by your State Board.
Pure Spa Direct will attempt to ship your order when required, but we do not accept any responsibility for late shipments.
All credit card transactions, wire transfers and check payments are final once completed. Buyer / Customer waives all rights to charge back credit card payments. In the event of a customer stopping payment or executing a charge back, Buyer / Customer assumes the risk of product defect and/or damage, product returns are prohibited and credit is denied under all circumstances. By placing an order, the Buyer / Customer understands and agrees to all of the Terms and Conditions.
In the event that a PLM product is mistakenly listed at an incorrect price, PLM reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PLM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PLM shall issue a credit to your credit card account in the amount of the incorrect price.
Products may vary from web site picture as manufacturers often make changes/improvements to product design, color and packaging. In addition, some products are hand made and thus have variation even within the same order.
Events Beyond PLM's Control/Force Majeure
You expressly absolve and release PLM from any claim of harm resulting from a cause beyond PLM's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, supplier delays and issues, wars or governmental restrictions.
If the performance of any part of this Agreement by PLM is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, supplier delays or issues, act of God or any other cause or causes beyond PLM's control, PLM shall be excused to the extent that PLM is prevented, hindered or delayed by such cause or causes. In the event of such circumstances which hinder or delay PLM's performance, PLM (i) will, if possible, attempt to communicate such information to you, and (ii) reserves the right to take appropriate actions to address the situation including the cancellation of your order and the refund your purchase price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PLM without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
PLM may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to PLM.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PLM products) shall be in the state or federal courts located in Nassau County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PLM products) must be commenced within one (1) year after the claim or cause of action arises. PLM's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PLM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PLM or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on purespadirect.com ("Site") in a way that constitutes copyright infringement, you may notify us by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- 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. Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
By Phone: 800.434.0018
By Fax: 800.434.0019
By Email: email@example.com
PLM does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PLM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PLM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PLM in its sole discretion.
This website may contain errors and may not be complete or current. PLM, therefore, reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing, and availability, and PLM reserves the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed for any reason including incorrect pricing or availability information. PLM apologizes for any inconvenience.
You agree to indemnify, defend, and hold harmless PLM, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, PLM may link to sites operated by third parties. However, even if the third party is affiliated with PLM, PLM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PLM. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PLM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).