All
information contained on or available via the BackSpa.com Web
Site (hereinafter “Site”) is protected by copyright
law in the United States of America and in other countries. Unless
otherwise specified, no one has permission to copy, display, distribute,
republish, or create derivative works from such information in
any form. The Site is owned and operated by Millennium Edge, LLC,
a duly constituted Connecticut Limited Liability Company with its
principal office located at 2437 BEDFORD STREET #G8, STAMFORD,
CT 06905. All written communications and/or notices shall be sent
to the principal office. Throughout these terms and conditions “we” or “our” shall
refer to Millennium Edge, LLC and “you” or “your” shall
refer to you the user of this Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING
OR USING OUR WEBSITE. BY USING THIS SITE AND/OR ANY SERVICES RELATED
THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
THE TERMS AND CONDITIONS. BY ACCESSING OR USING OUR WEBSITE, YOU
AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. PLEASE
DO NOT USE OUR WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS.
Changes/Errors
The information, material, and content provided in the pages of
the Site may be changed at any time without notice. Changes may
be made to these Terms and Conditions by us at any time without
notice to you by updating the posting of the Terms and Conditions.
We strive to provide accurate and reliable information about our
products and services. However, human mistakes do happen and we
cannot be responsible for any typographical errors and reserve
the right to cancel orders due to such occurrences. If you are
browsing our site and notice something that may seem questionable
(i.e. misspellings or incorrect product information) please be
kind enough to send us an email at: contact@backspa.com. We would
greatly appreciate it.
No Warranties
THE CONTENTS OF THE SITE IS DISTRIBUTED TO YOU WITHOUT ANY WARRANTY
OF ANY KIND. WE AND THE THIRD PARTY CONTENT PROVIDERS DISCLAIM
ANY AND ALL WARRANTIES.
INFORMATION
ON THE SITE IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY
LAW WE DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF
ANY KIND,
WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION IN
RESPECT OF THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
WE DO NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS
OF THE INFORMATION, MATERIAL, AND SERVICES OR THE ERROR-FREE USE
OF THE SITE.
WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE
OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED,
THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR
LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING
OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE
WILLOCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY
FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND
FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN
FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY,
FUNCTIONALITY OR PERFORMANCE OF ANY THIRD PARTY SOFTWARE THAT MAY
BE USED IN CONNECTION WITH THE SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES
INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH
YOUR USE OF THE SITE OR YOUR RELIANCE ON OR USE ORINABILITY TO
USE THE INFORMATION, MATERIALS AND SERVICES ON THE SITE, OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE
OR SYSTEM FAILURE, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF
SUCH DAMAGES, LOSSES OR EXPENSES.
User Responsibility
You, the user, assume all responsibility for use of the Site.
You waive all claims against Millennium Edge, LLC, its parent,
affiliates, officers, agents, employees, licensors, and resellers
that may arise from the utilization of this Site.
Links To Third Party Sites or Content
Your use of hyperlinks on the Site is at your own risk. We provide
hyperlinks to other locations on the Internet for information and
convenience purposes only. No endorsement of third party websites
or content is implied. We are not responsible for the content of
any other websites or pages linked to or from the Site. We have
not verified the content of any such websites or pages. It is recommended
that you view the linked website's terms or privacy policy pages
to understand how use of that website may affect you.
We are not responsible for the accuracy, timeliness, the continued
availability, or the existence of content, hyper links, or third
party websites or pages linked to the Site. Links to downloadable
software sites are for convenience only and we are not responsible
or liable for any difficulties or consequences associated with
downloading the software. Use of any downloaded software is
governed by the terms of the license agreement, if any, which
accompanies or is provided with the software.
Internet e-mail
Ordinary e-mail messages sent over the Internet may be intercepted,
lost,or altered. We are not responsible for them and will not be
liable to you or anyone else for any damages in connection with
any messages sent by you to us using ordinary e-mail.
Trade Marks, Copyrights, Patents
Copyright in the pages, screens, information, and all material
in their arrangement, included in the Site is owned by or licensed
to us unless otherwise noted. You may not alter or otherwise make
any changes to any material that you print or download from the
Site, including, without limitation, removing any identifying marks
or legends from such material. You may not distribute these materials
to others. Any other use is prohibited unless you first request
and obtain our written permission. In particular no one may use
a part of the Site on any other website, or link any other website
to the Site, without our prior written permission or the consent
of Millennium Edge, LLC.
Content from a third party provider available on or through the
Site may not be duplicated, distributed, published, transferred,
transmitted, copied, altered, sold, used to create derivative works
or otherwise misused. You must comply with all terms disclosed
to you as required from time to time by any third party supplier
of data or services to the Site, including but not limited to,
where necessary, entering into a direct agreement with such third
party in respect of your use of their data.
You may not use the Site for any purpose which is unlawful, abusive,
libelous, obscene,or threatening.
BackSpa and The Next Evolution of Man are trademarks of Millennium
Edge, LLC and all rights in and to these marks vest in Millennium
Edge, LLC. Other than as provided above you may not use or reproduce
the BackSpa trademark, logo, or brand name. The product BackSpa
is U.S. Patent Pending.
All worldwide copyrights, trademarks, service marks, patents,
patent registration rights, trade secrets, know-how, database rights
and all other rights in or relating to all text, software (including
source andobject codes), data, information, visual, oral or other
digital material, and all other content of anydescription available
on our Site and in or relating to our product BackSpa are owned
by MillenniumEdge, LLC, its affiliates or third parties who have
given us permission to use it.
Billing Information
Billing Address (Name, Address, Phone Number, and E-mail)
Shipping Address (Name, Address, Phone Number, and E-mail)
Billing Information (Name on Card, Card Number, Card Type, and
Expiration Date)
This information is used ONLY for the purpose of processing your
order. The shipping address is required in order to ship your order;
the e-mail address is used to send your receipt and tracking information;
the billing address is needed to verify the identity of the cardholder;
and the phone number is necessary so that we can call you if there
is a problem with your order.
Forms of Payment
For online orders via our shopping cart we accept Visa, MasterCard,
American Express, and Discover. We do not accept checks or money
orders.
Shipping and Handling
We do not offer free ground shipping on any international orders
or orders to be shipped withinthe continental United States, to
Hawaii, or Alaska since this method is not provided by our carriers.
Please note that delivery time is subject to the ability of ourcouriers
(UPS, FedEx, and USPS) to fulfill their delivery schedule. Millennium
Edge, LLC is not liable for packages that were not delivered on
time because of mishaps or unavoidable delays by our couriers.
Note: You DO NOT have to submit your credit card information or
make any commitment before seeing and agreeing to your shipping
charges.
Note: Corrections made to addresses after shipment result in a
$10 correction fee.
Processing Your Order
All orders are processed and shipped within one (1) to three (3)
business days. If the product you selected is on backorder, you
will receive notification within one (1) business day and be given
the choice to remain on backorder, substitute the backordered item
for another item, or cancel the order. All orders go through an
address verification system in order to protect our customers and
the company against fraud. Therefore, we reserve the right to cancel
any orders that are suspected of being under fraudulent activity.
Return Policy
New items may be returned or exchanged within thirty (30) days
from date of purchase. Returns are subject to a fifteen per cent
(15%) restocking fee plus the actual cost of shipping. This amount
will be deducted from the amount of your refund.
All
returns or exchanges missing or with damage (e.g. missing/damaged
UPC barcodes, missing/damaged manuals, missing/damaged warranties,
tape on the manufacturer’s box, etc.) to the original box
may be refused or may be subject to a ten per cent (10%) penalty
fee. Ship all returns using a traceable shipping method and a separate
shipping box. DO NOT put any courier labels on the Millennium Edge,
LLC’s merchandise packaging; doing so requires Millennium
Edge, LLC to pay for replacement packaging. Therefore, additional
fees will be charged under these circumstances.
We will not accept items back unless they are returned with the
original packaging provided byMillennium Edge, LLC.
Millennium Edge, LLC is not liable in any way for returned packages
that were lost or damagedduring shipment.
Please include a copy of your receipt along with a description
of all problems you had with the packaged product. You should choose
a courier that provides tracking and insurance for your package.
We do not reimburse shipping and handling costs incurred by Millennium
Edge, LLC or the customer while processing your return/exchange.
Please ship returns/exchanges to:
MILLENNIUM EDGE, LLC
2437 BEDFORD STREET #G8, STAMFORD, CT 06905
NOTE: Millennium Edge, LLC is not liable for packages sent to
any address other than the address listed above.
Termination
We may terminate your right to use our website at any time and
without notice. We will terminate your right to use our website
if you violate any of these Terms and Conditions or any other policy
posted on our website, or if we become aware that you are a copyright
infringer.
Governing Law
These Terms and Conditions are the entire agreement between Millennium
Edge, LLC and you in connection with your use of this Site. These
Terms and Conditions are governed by and interpreted inaccordance
with the laws of the State of Connecticut and shall be construed
and enforced in accordance with, the laws of the State of Connecticut,
without giving effect to any conflict of law ruleor principle of
such state. Any action to enforce these Terms and Conditions will
be brought in the Stamford Superior Court located in Stamford,
Connecticutin all instances save any claims involving copyright
and patent claims against MillenniumEdge, LLC, which shall be brought
and maintained inthe United States District Court for the District
of Connecticut located in Bridgeport, Connecticut. Each of the
parties hereto hereby irrevocably waives any objection which it
may now or hereafterhave to the laying of venue of any of the aforesaid
actions or proceedings arising out of or inconnection with these
Terms and Conditions brought in the courts referred to in the preceding
sentence. You consent to the personal and subject matter jurisdiction
of the above named courtsfor the purpose of any proceedings arising
out of these Terms and Conditions.
If any provision of these Terms and Conditions shall be held invalid
or unenforceable, then such provision(s) shall be construed so
as to be limited or reduced to be enforceable to the maximum extent
compatible with the law as it shall then appear. Thetotal invalidity
or unenforceability of any particular provision of these Terms
and Conditionsshall not affect the other provisions hereof and
these Terms and Conditions shall be construed in all respects as
if such invalid or unenforceable provision(s) were omitted.
You are subject to any United States export controls and are responsible
for any violations of United States applicable embargoes or other
federal rules and regulations governing and restricting exports.
