Terms of Use
IF YOU OR SOMEONE YOU ARE WITH IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR THE APPROPRIATE EMERGENCY RESPONSE NUMBER FOR YOUR AREA.
This Terms of Use Agreement (“Agreement”) sets forth the standards of use for www.chi-spree.com (“Website”). By using the Website, you (“User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website.
Chi-Spree, LLC (“Chi-Spree”) owns and operates this Website and reserves the right, at any time, to add, delete, modify, alter, and/or update the terms and conditions of this Agreement without prior notice (hereinafter collectively “Modifications”). Modifications shall become effective immediately upon being posted on the Website. If any Modification is unacceptable to you, your only recourse is to cease using the Website and its services. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its Modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Use of the Website
1.1 You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable state, federal, local, and international laws, ordinances, agreements, treaties, regulations, and rules when you use the Website. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
1.2 Intellectual Property: Ownership and Licenses
1.2.1 Chi-Spree owns or licenses all intellectual property and other rights, title, and interest in and to the Website, and the materials accessible on and/or through the Website. For example, and without limitation, Chi-Spree owns trademarks, copyrights, and certain technologies used in providing the Website. You will not acquire any right, title, or interest therein under this Agreement or otherwise unless expressly provided for herein. You may not use any Chi-Spree-owned and/or Chi-Spree-licensed trademark, copyright protected work, picture, video, or likeness of any Chi-Spree employee.
1.2.2 Chi-Spree grants you a limited revocable license to access and use the Website for its intended purposes only, subject to your compliance with this Agreement. This license does not include the right to collect or use information for purposes prohibited by Chi-Spree or to compete with Chi-Spree. If you use this Website in a manner that exceeds the scope of this license or breaches any relevant agreement, Chi-Spree may revoke the license granted to you.
1.3 Copyright and Trademark Information
1.3.1 All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof are copyrighted by Chi-Spree, LLC, with all rights reserved, or is the property of Chi-Spree, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those permitted under this Agreement, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Chi-Spree, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Chi-Spree, LLC.
1.3.2 All trademarks displayed on Chi-Spree, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Service Providers. In addition, such use of trademarks or links to the web sites of Service Providers is not intended to imply, directly or indirectly, that those Service Providers endorse or have any affiliation with Chi-Spree, LLC. For all such information and material, you grant the Chi-Spree, LLC, its affiliates and related entities, a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Chi-Spree to include the information in a searchable format accessible by Users of the Website and other web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant Chi-Spree, LLC the right to use any material, information, ideas, concepts, know-how, product concepts, trade secrets or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
1.3.3 Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Chi-Spree designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Anthony Montijo
By Email: amontijo@chi-spree.com
1.4 Republication, Alteration, Data Corruption
1.4.1 You may not republish any portion of this Website on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through chi-spree.com, not to insert any code or product or manipulate the content of the Website in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction method. You may not use any meta tags or any other “hidden text” utilizing or incorporating the chi-spree.com name or trademarks.
1.5 Third-Party Services
1.5.1 Chi-Spree may provide links on this Website to other websites that are not affiliated with, under the control of, or otherwise maintained by Chi-Spree, and may use third parties to provide certain services accessible through the Website. Chi-Spree does not control those third parties or their services, and you agree that Chi-Spree will not be liable to you in any way for your use of such services. Chi-Spree does not endorse or make any representations or warranties, express or implied, about third party sites or any information, software, or other products or services found there. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said terms of use and privacy policies of third-parties’ sites.
2. General Use
2.1 Prohibited Use
2.1.1 You may not cause harm to the Website. Specifically, but not by way of limitation, you may not: (i) interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website; (v) impersonate another person or entity; (vi) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Website; (viii) co-brand the Website; (ix) frame the Website; (x) hyperlink to the Website, without the express prior written permission of an authorized representative of Chi-Spree; (xi) use any trademark owned or licensed by Chi-Spree.
2.2 Privacy Policy
2.2.1 By entering into this Agreement, you agree to Chi-Spree’s collection, use, and disclosure of your personal information in accordance with the Privacy Policy in effect at the time you provided Chi-Spree with your personal information.
2.3 Modifications and Interruption to Service
2.3.1 Chi-Spree, LLC reserves the right to modify or discontinue the Service with or without notice to the User. Chi-Spree, LLC shall not be liable to User or any third party should Chi-Spree, LLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that Chi-Spree does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
2.4 Interactive Features
2.4.1 Specifics About Interactive Areas (Message Boards, Chat Areas, etc.). Website bulletin boards, chat rooms and other such interactive areas are provided to give Users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of the Website and the volume of messages and postings, Chi-Spree cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. Chi-Spree reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
2.4.2 Monitoring. Notwithstanding Section 2.4.1, Chi-Spree reserves the right, but does not assume the obligation, to monitor communications that occur through the Website. If Chi-Spree determines, in its sole and absolute discretion, that you or another Website User under your direction, has or will breach a term or condition of this Agreement or that such communication is inappropriate, Chi-Spree may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to your or any third party.
2.4.3 Posting Rules. Interactive areas, discussion boards, chat rooms, blogs, etc., are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. By using these areas of the Website, you are participating in a community that is intended for all our Users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. We prohibit profanity, libel, spam, racial epithets, and the harassment and abuse of others.
3. Representations and Warranties
3.1 Mutual Representations and Warranties
3.1.1 Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Agreement; (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound; and (iii) the terms of this Agreement are a legal, valid, and binding obligation on the party entering into this Agreement, enforceable in accordance with these terms and conditions
3.2 Representations by User
3.2.1 You represent and warrant to Chi-Spree that, in your use of the Website, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party; (ii) will comply with all applicable federal, state, local, and international laws, rules, regulations and agreements; and (iii) will not disrupt or damage any software or hardware.
3.3 No Representations or Warranties
3.3.1 Chi-Spree does not represent or warrant: (i) that personal information and/or data made available to third parties as per the Privacy Policy will not be disseminated to other parties not authorized to receive such information or data. By using this Website you agree to waive all claims both in law and equity you may have against Chi-Spree for the unauthorized dissemination of such information or data; (ii) the individual or group conduct of other Users toward you who you may have met or otherwise contacted through the use of the Website; (iii) the Website, its content, or use will be uninterrupted, will be free of inaccuracies or errors, will meet your requirements, or will operate in the configuration or with the hardware or software you use.
3.4 Site “As Is”
3.4.1 The site is provided by Chi Spree, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Chi-Spree, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website, or goods or services purchased on it in terms of its correctness, accuracy, reliability, or otherwise. Chi-Spree, LLC shall have no liability for any interruptions in the use of this Website. Chi-Spree, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3.5 Disclaimer Regarding Accuracy of Service Provider and Wellness Encyclopedia Information
3.5.1 Product specifications and other information have either been provided by the Service Providers or collected from publicly available sources. While Chi-Spree, LLC makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. This website includes a directory of services and may list services or packages of services for sale for any provider of a wellness service that wants to be listed. When a Service Provider registers for a listing on Chi-Spree.com, they agree their training and credentials qualify them to offer the services that they list on the website. Chi-Spree, LLC does not provide verification of the Service Provider’s training, credentials, liability insurance nor does Chi-Spree, LLC guarantee the quality or safety of service offered by any of the Service Providers listed on the website chi-spree.com.
3.5.2 Chi-Spree, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Service Provider, and you acknowledge that any reliance on representations and warranties provided by any Service Provider shall be at your own risk. By using the Chi-Spree.com website and the listing offered, you agree that it is your responsibility to verify that the Wellness Provider’s credentials and experience will meet your needs before engaging in service with them.
3.5.3 The Website provides information and links to third party websites regarding various types of health and wellness related topics. This information is not intended to treat or cure any disease and is for informational purposes only and is read and used at your own risk. Any information on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is your own responsibility to check with your physician with any medical condition that you have. Do not hesitate seeking proper health care under any circumstances because of anycontent on this site.
IF YOU BELIEVE YOU HAVE ANY MEDICAL EMERGENCY, CALL 911 or the appropriate local emergency number immediately.
The Chi-Spree.com website is continually under development. Chi-Spree, LLC makes no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness of the content found on the site for any purpose. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or content found on the Website.
Chi-Spree, LLC will not be held responsible in the event that you encounter material that you deem offensive or otherwise objectionable. Chi-Spree, LLC is committed to providing the most accurate information for your benefit. If you find that one of our listings is inaccurate, please send us an e-mail and we will follow up on your comments. If we receive enough negative complaints about specific content, or specific link we will remove them from our listings.
4. Limitation of Liability
4.1 CHI-SPREE, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CHI-SPREE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CHI-SPREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
5. Indemnification
5.1 User agrees to indemnify and hold Chi-Spree, its employees, representatives, agents, directors, managers, members, affiliates, and subsidiaries (collectively “Parties”) harmless from any damages, loss, or expense, including without limitation, attorneys’ fees and costs, incurred in connection with any third-party claim, demand or action (collectively “Claim”) brought against any of the Parties alleging that you have breached any provision of this Agreement through any act, commission, or omission. If you are required to indemnify Chi-Spree under this section, Chi-Spree will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Chi-Spree’s express written permission.
6. Terms of Purchase
6.1 During your visit to our site you may elect to engage in a transaction involving the purchase of a product, service or other tangible goods. To serve you most efficiently, payment transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. Chi-Spree, LLC cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
6.2 On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Chi-Spree is not responsible for such errors or discrepancies.
6.3 The products and/or services listed on the Website are provided by third-party Service Providers. Users agree to review the Service Providers’ terms of use, contracts, and other documentation relevant to the purchase or description of those products and/or services; including but not limited to, applicable restriction dates, deal fine print and instructions of use, and refund policies. Users understand and agree that refund requests for products and/or services purchased on the Website must be made within seven days of purchase for a return to be made and site credit awarded. After seven days from the date of purchase, Users may refer directly to the Service Provider regarding refunds, exchanges, etc. and that the User’s right to such refund is controlled by the terms of use or other applicable documentation of the Service Provider.
6.4 Only one account per person is allowed. The Share-and-Earn function of the site allows users to provide a link to others via social media outlets and email. If this link is clicked and a new user makes a purchase, five credits valued at one US. Dollar ($1) will be automatically applied to the sender of the link’s account. This credit can be applied to future purchases only. Credits will be available for use after the end of the deal if there is a time limit, or immediately if the deal does not expire or require a minimum number of purchases. All users involved in the transaction must have cookies enabled on their web browser for the Share-and-Earn function of the site to apply credits. Chi-Spree will not be responsible for awarding credits if cookies are not enabled on all users web browsers. Share and Earn links are valid for 72 hours from the time they are clicked.
6.5 Although vouchers may indicate an expiration date, no true expiration date exists and vouchers are redeemable at any time that complies with the Fine Print or other terms of the individual voucher. If a User is unable to redeem and use their voucher because a Service Provider’s business has closed, Chi-Spree, LLC will issue a credit for the full purchase price that may be used to make another purchase on the chi-spree.com website.
6.6 According to State and Federal laws, proper taxation is the responsibility of each Merchant, and may be applied to the full original value of the goods or services purchased. Any applicable taxes will be determined, and applied to a Customer’s bill by the Service Provider or Merchant at the time the voucher is redeemed.
7. Termination
7.1 Survival. Upon termination, your license to use this Website shall terminate and the remainder of this Agreement shall survive indefinitely unless and until Chi-Spree chooses to terminate them.
8. Notices
8.1 All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. Mail; (ii) overnight courier; or (iii) electronic mail. If you give notice to Chi-Spree, you must contact our administrator:
By Email: amontijo@chi-spree.com
8.1.2 If Chi-Spree provides notice to You, Chi-Spree will use the contact information provided by you to Chi-Spree. All notices will be deemed received as follows: (i) if by delivery by U.S. Mail, seven (7) business days after dispatch; (ii) if by overnight courier, on the date receipt is confirmed by such courier service; or (iii) if by electronic mail, twenty-four (24) hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing”, You agree that email communication will satisfy this requirement.
9. Miscellaneous
9.1. This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. This Agreement will not be assignable or transferable by you without the prior written consent of Chi-Spree. You agree that this Agreement and any other agreements referenced herein may be assigned by Chi-Spree, LLC , in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. This Agreement (including all of the policies and other Agreements described in this Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and Chi-Spree are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. This agreement is governed by the laws of the State of California without giving effect to its conflict of law provisions. You hereby submit to the exclusive jurisdiction of the courts of the State of California, United States of America, for any dispute arising from and/or relating to this Agreement and agree that any and all such actions may only be brought before a court located in the State of California, United States of America. If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which the party may be entitled.
Chi-Spree, LLC reserves the right to refuse service to any Merchant/Service Provider, or User for any reason at any time with or without notice.
© Chi-Spree, LLC
