Terms and Conditions

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OFFER TERMS, CONDITIONS AND LEGAL POLICIES

GENERAL POLICIES APPLICABLE TO ALL SPA BATH & BEYOND USERS OFFERS:

• Offers may be changed without notice. Prices are current as of the date of the promotional email and are subject to change.• Offers are for the sole, one-time use of the account number displayed within our email.• Special discount offers cannot be used with any other offer, sale, discount, or promotion.• Spa Bath & Beyond reserves the right to deny use of any offer and/or cancel products purchased using any offer if the offer is abused or used fraudulently, as determined by Spa Bath & Beyond in its sole discretion.

All customer name registrations purchases are non-refundable and subject to the terms and conditions of our Registration Agreement.

Spa Bath & Beyond- UNIVERSAL TERMS OF SERVICE AGREEMENT

Date: 12/6/23

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND SOLUTIONS.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Spa Bath & Beyond, LLC, GoDaddy Payments, LLC (for any payment services) and BeautiiBootique, LLC (for any retail services) and you, and is made effective as of the date of your use of this website or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use our site and the products and services purchased or accessed through this Site. Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to Spa Bath & Beyond. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

Spa Bath & Beyond may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement or as of its last revision. If you do not agree to be bound by this Agreement or as last revised, do not use (or continue to use) this Site or the Services. In addition, Spa Bath & Beyond may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. Spa Bath & Beyond assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Spa Bath & Beyond may terminate your use of Services for any violation or breach of any of the terms of this Agreement by You. SPA BATH & BEYOND RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement,Spa Bath & Beyond finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Spa Bath & Beyond shall not be liable for any loss or damage resulting from Spa Bath & Beyond reliance on any instruction, notice, document or communication reasonably believed by Spa Bath & Beyond to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication Spa Bath & Beyond reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Spa Bath & Beyond that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Spa Bath & Beyond has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Spa Bath & Beyondreserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Spa Bath & Beyond recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Spa Bath & Beyond immediately of any breach of security or unauthorized use of your Account. Spa Bath & Beyond will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Spa Bath & Beyond or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

• You acknowledge and agree that:• Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.• You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.• You will not use this Site or the Services in a manner (as determined by Spa Bath & Beyond in its sole and absolute discretion) that:o Is illegal, or promotes or encourages illegal activity;o Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);o Promotes, encourages or engages in terrorism, violence against people, animals, or property;o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;o Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;o Infringes on the intellectual property rights of another User or any other person or entity;o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;o Interferes with the operation of this Site or the Services found at this Site;o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; oro Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Spa Bath & Beyond or Spa Bath & Beyond services.o You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;• You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Spa Bath & Beyond. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.• You will not access Spa Bath & Beyond content (as defined below) or User Content through any technology or means other than through this Site itself, or as Spa Bath & Beyondmay designate.• You agree to back-up all of your User Content so that you can access and use it when needed. Spa Bath & Beyonddoes not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.• You will not re-sell or provide the Services for a commercial purpose, including any of Spa Bath & Beyond related technologies, without Spa Bath & Beyond express prior written consent.• You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Spa Bath & Beyond Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Spa Bath & Beyond Content or the User Content therein.• You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.• You are aware that Spa Bath & Beyond may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Spa Bath & Beyond asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Spa Bath & Beyond is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Spa Bath & Beyond that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from. Similarly Spa Bath & Beyond, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Spa Bath & Beyond that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Spa Bath & Beyond. Message and data rates may apply.

6. PROTECTION OF YOUR DATA

Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Email Marketing Services, (2) Website Services, (3) Hosting, (4) Online Bookkeeping, (5) Online Store/Quick Shopping Cart, (6) Smart line, and (7) Workspace Service. Covered Services excludes Services provided by GoDaddy Payments, LLC (for any payment services) and Beauty Boutique, LLC(for any retail services) regulating any personal data processing conducted for business purposes.

7. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with Spa Bath & Beyond, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant toSpa Bath & Beyond that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Spa Bath & Beyond to treat your User Submissions as confidential or secret, that Spa Bath & Beyond has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Spa Bath & Beyond may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Spa Bath & Beyond shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

8. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

No Liability.  Spa Bath & Beyond will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

9. FEES AND PAYMENTS

You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by GoDaddy.com, LLC.

(A) GENERAL TERMS 

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable.

Price Changes. Spa Bath & Beyond reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card; (ii) “Good As Gold Prepaid Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal; (v) International Payment Option (as defined below); (vi) via In-Store Credit balances, if applicable (and as defined below); or (vii) any other method you use to pay for Services as determined by Spa Bath & Beyond in its sole and absolute discretion, each a “Payment Method”. Personal checks are not accepted.

Refunds. You agree to no refunds. 

(B) REFUND POLICY 

Products and Services are not available for refunds.

10. LIMITATION OF LIABILITY

In no event shall Spa Bath & Beyond, its directors, employees, agents and any third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from 1) The accuracy, completeness, or content of this site, 2) the accuracy, completeness or content of any sites linked ( through hyperlinks, banner advertising, or otherwise) to this site, 3) the services found at this site or any other site linked(through hyperlinks, banner advertising or otherwise) to this site, 4) personal injury or property damages of any nature whatsoever, 5) third-party conduct of any nature whatsoever, 6) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, 7) any interruptions or cessation of services to or from this site or any site linked (through hyperlinks, banneradvertising or otherwise) to this site, 8)any virus worms, bugs, Trojan Horses, or the like, which may be transmitted to or from this site or any other site linked (through hyperlinks, banneradvertising or otherwise) to this site, 9) any user content to content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, X- rated, obscene or otherwise objectionable, 10) any loss or damages of any kind incurred as a result of your use of this site or the services found at this sire, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Spa Bath & Beyond is advised of the possibility of such damages, and /or,  11) any auto-generated outputs created using the services.

In addition, you specially acknowledge and agree that in no event shall Spa Bath & Beyond’s total aggregate liability exceeds $1000.00 U.S. dollars. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or our use of this site or your use of this site or the services found at this site.

11. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Spa Bath & Beyond and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Spa Bath & Beyond directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

12. COMPLIANCE WITH LOCAL LAWS

Spa Bath & Beyond makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

13. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

14. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

15. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Spa Bath & Beyond

1415 W. Oak St. Unit 422986

Kissimmee, Florida 34742