Website Usage Policy
Terms and Conditions Governing Your Use of the Web site.
2. Information Regarding Your Purchase.
For information relating to orders placed with travertinespa.com (e.g., order processing, shipping and handling, returns and exchanges), please email:firstname.lastname@example.org
3. Accuracy of Information.
Our goal is to have complete, accurate, and helpful product descriptions. Our products are made with compassion for animals, people and our environment. We reserve the right to correct errors or omissions and to change information at our discretion without prior notice. We reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information whether due to typographical error or otherwise.
4. Intellectual Property.
The Travertine Spa name, its product names, and its logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Travertine Spa, Inc. All content available on travertinespa.com, including, by way of example, text, graphics, logos, images, audio clips, data compilations, software, and the compilation thereof (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled, or licensed by Travertine Spa, and are protected by United States and international copyright and trademark laws.
All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on travertinespa.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5. Use of this Web site.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of travertinespa.com by downloading or copying the Content and other downloadable materials displayed on the Web site frame. You may not frame or utilize framing techniques to enclose travertinespa.com or any portion thereof without our prior written consent. No right, title or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying.
The limited license set forth in this Paragraph 5 does not include the right to: (i) reproduce, publish, display, transmit, distribute, modify or copy any of the Content, the Web site or any related software; (ii) modify or download travertinespa.com or its Content (except caching or as necessary to view content); (iii) sell, participate in a sale, or create any derivative work based upon either travertinespa.com or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of travertinespa.com, so long as the link does not portray travertinespa.com, its affiliates, or any products and services of travertinespa.com or those displayed on the Travertine Spa Web site in a false, misleading, derogatory or otherwise objectionable manner, or associate us with offensive or undesirable products, services, or opinions. Any hyperlink from a web site to travertinespa.com must not state, suggest or imply that we are endorsing such web site, its services or products. You may not use the Travertine Spa logo or other proprietary graphic or trademark as part of the link without our express written consent.
We may request that you remove a link to travertinespa.com, and upon receipt of such request, you must promptly remove the link. Any unauthorized use by you of travertinespa.com terminates the limited license set forth in this Paragraph 5 without prejudice to any other remedy provided by applicable law.
6. Web site Security.
Users are prohibited from violating or attempting to violate the security of the Travertine Spa Web site (the "Web site"), including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any activity being conducted on this Web site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web site other than the search engine and search agents available from Company on this Web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
7. Responsible Use.
For some activities you pursue on travertinespa.com, you will receive or have received a user name and password. You are solely responsible for maintaining the security of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password and you agree to notify us immediately of any unauthorized use of your account or any breach of security of which you know or suspect. If you are accessing and using travertinespa.com on someone else's behalf, you represent that you have the authority to bind that person as a principal to the Terms and Conditions provided herein, and you agree to accept all resulting liability for harm caused by any wrongful use of travertinespa.com resulting from your use of the Web site on your own behalf or on someone else's behalf.
8. Third Party Links.
This Web site may contain links to other Internet web sites. We are not responsible for the content of any third party's web site pages or any other web sites linked to or from travertinespa.com. Links appearing on travertinespa.com are for convenience only, and we are not responsible for the content of any site linked to or from this Web site; nor do we endorse or recommend such web sites or their products or services. Your linking to or from any other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, other web sites linked to or from travertinespa.com. You should carefully review the terms and conditions and privacy policies of all other web sites that you visit.
If you submit Comments, you represent and warrant that you own or otherwise control the rights to your Comments. You further represent and warrant that such Comments do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Comments. You agree to indemnify us for all claims arising from your claims to any rights in any Comments.
10. Representations and Warranties.
Limitation of Liability. travertinespa.com IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR TRAVERTINE SPA.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF YOUR BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO TRAVERTINE SPA.COM; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON travertinespa.com; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF travertinespa.com, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS WEB SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from: (a) your use of travertinespa.com; or (b) any attempt by you to violate the security of the Web site; or (c) a violation by you of the security of the Web site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Should a dispute regarding travertinespa.com arise between us, our rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to travertinespa.com shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in a federal court located in the Southern District of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by JAMS under its rules then prevailing for the resolution of commercial disputes and any award shall be binding and may be entered as a judgment in court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We may, in our sole discretion, change these Terms and Conditions at any time without prior notice by posting the changes on travertinespa.com, which will be effective immediately upon posting. Your use of travertinespa.com following any such changes constitutes your unconditional agreement to be bound by the Terms and Conditions. We may terminate any of the rights granted by these Terms and Conditions without prior notice.
Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at a later time, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.
Terms and Conditions Governing Purchase of Products and Services by Individuals.
These Terms and Conditions of Purchase shall govern all Web site sales of Travertine Spa's products and services to individual buyers for their personal use. Your acceptance of our products constitutes your acceptance in full of these Terms and Conditions of Purchase. These Terms and Conditions take precedence over any additional or different terms or conditions you present to us, to which notice of objection is hereby given.
2. Price and Payment Terms.
Please click here to review our pricing and payment procedures.
3. Placing Orders and Delivery.
We accept orders from anywhere in the world where there is adequate shipping coverage. We will use our best efforts to deliver products to a common carrier within 3 days after acceptance of your order. This delivery schedule is approximate and is based upon our anticipated production schedules; where priority and schedules prevent strict compliance with the scheduled delivery date, Travertine Spa will make delivery as soon as reasonably possible after such date.
4. Taxes and Other Charges.
Our prices are exclusive of any federal, state, or local sales, use, withholding, customs duties, excise or other taxes or charges that may be assessed, charged, imposed or levied by any public authority. You will pay any such taxes or charges.
THE FOLLOWING WARRANTIES ARE IN LIEU OF, AND TRAVERTINE SPA HEREBY EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF THE COURSE OF DEALING, CUSTOM OR USAGE OF TRADE IN RELATION TO THE USE OR PURCHASE OF ITS PRODUCTS.
YOUR REMEDIES WITH RESPECT TO THE SALE, DELIVERY OR RESALE OF ANY OF OUR PRODUCTS, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE, PRODUCTS LIABILITY AND STRICT LIABILITY), UNDER ANY WARRANTY, OR OTHERWISE, SHALL BE EXCLUSIVELY AS SET FORTH HEREIN. WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, NOTWITHSTANDING (A) THE FACT THAT TRAVERTINE SPA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR CLAIMS OR (B) THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY US, WE SHALL HAVE NO LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF PRODUCTS ACTUALLY PAID BY YOU. UNDER NO CIRCUMSTANCES SHALL OUR FAILURE TO REPLACE ANY DEFECTIVE PRODUCT AFFECT THE FOREGOING DISCLAIMER OF CONSEQUENTIAL DAMAGES.
WE WARRANT THAT OUR PRODUCTS ARE FREE FROM DEFECTS UNDER NORMAL USE FOR ONE YEAR FROM THE DATE OF SHIPMENT. WE SHALL HAVE NO OBLIGATION TO REPLACE: (1) PRODUCTS ALTERED OR MODIFIED OTHER THAN BY US; (2) PRODUCTS FAILING DUE TO MISUSE, IMPROPER STORAGE, IMPROPER ENVIRONMENT, CARELESSNESS, NEGLIGENCE OR ACCIDENT; OR (3) PRODUCTS FAILING DUE TO DAMAGE OCCURRING AFTER DELIVERY THEREOF TO YOU. IF A PRODUCT IS FOUND TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, TRAVERTINE SPA'S ONLY OBLIGATION AND YOUR EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF ANY DEFECTIVE PRODUCT UPON ITS RETURN TO US FOR INSPECTION.
6. Governing Law, Arbitration.
These Terms and Conditions shall be governed by and construed in accordance with California law. All disputes and controversies arising hereunder shall be settled by arbitration in Los Angeles, California in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon its award shall be final, conclusive and binding. The exclusive jurisdiction and venue of any action to confirm or enforce any award granted through arbitration shall be the Superior Court of California for the County of Los Angeles (if under State law) or the United States District Court for the Southern District of California (if under Federal law).
You agree to indemnify, hold harmless and defend Travertine Spa Inc., from and against any claim, action, loss, liability, expense, damage or judgment, including costs and attorneys' fees, which arise as a result of any of your actions, or actions of your agents, employees, consultants or representatives in connection with your use or resale of the products sold hereunder.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
If you have any questions regarding these Terms and Conditions, please contact us.
1. Personal Information Supplied by You.
We do not require that you provide information personally identifying you when you visit travertinespa.com. If you choose to give us information, you are giving your consent for travertinespa.com to receive it, store it, use it to enhance and customize your shopping experience, and we may disclose it in very limited circumstances as described herein. If you do not agree with these terms, please do not provide us with any personal information.
To protect your personal information concerning billing, we ask that you register at travertinespa.com by entering a user name and password.
When you place an order, we need to know your delivery and billing address, credit card number and expiration date.
If you decide to complete a user registration form or on-line survey, you may be asked to provide certain information such as your contact information, age group, gender and product concerns.
2. Updating Your Information or Opting-Out.
When you register at travertinespa.com, you may opt-out of receiving future communications from us. You may also update your Information. You may click the "unsubscribe" link at the bottom of each e-mail you receive from us and follow the instructions provided.
3. Information Sharing and Disclosure.
In order to comply with applicable law, regulation, legal process or governmental request, we may disclose such information we have about you as we deem necessary, in our sole discretion. We may also exchange your personal information with other companies and organizations for credit fraud protection and risk reduction purposes. We may disclose your personal information to others if we find that your actions on our website violate our Terms and Conditions or any of our usage guidelines for specific products or services.
4. Information Automatically Collected.
Non-personal information and data might be automatically collected by us through the use of "cookies", which are small text files a website can use to recognize repeat visitors, facilitate a visitor's ongoing access to and use of the site, and allow a site to track usage behavior and compile data that will enable us to make content improvements. Cookies allow you to navigate throughout the site without having to log in over and over. They also allow us to give you information that is pertinent to you. You have the choice to opt out of the cookie at any time through your personal settings on your web browser; however, electing to do so may render certain functions within travertinespa.com inoperable.
5. Third Parties.
travertinespa.com may hire others to perform certain business activities on our behalf. For example, we may retain data analysis firms, customer support specialists, webhosting companies, and companies that fill product orders or coordinate mailings. Such third parties may be provided with access to your personal information only to the extent needed to perform their functions. They may not use such information for any other purpose.
This website is not intended for use by children under 13. We do not knowingly collect personal information from any children under 13.
9. Business Transfers.
As we continue to develop our business, we might sell all or certain of our assets. In such transactions, personal user information may be one of the transferred business assets. By submitting your personal information on travertinespa.com you agree that your data may be transferred to such parties in these circumstances.
These rates apply to retail and web purchases for contiguous US shipping rates, not including Alaska, Hawaii or Puerto Rico (which may incur an additional charge). Standard rate shipments may be shipped via First Class US Mail or via UPS Ground or FedEx Ground at our option. Two day or next day service are shipped via UPS or FedEx. Rates are subject to change without notice. Please contact us for wholesale shipping rates.
All orders are processed for shipment within 72 hours of receipt.
We ship internationally. We do not ship to every country. Rates are subject to change without notice. Please contact us for rates.
When you place an order with Travertine Spa, you will receive an order confirmation at the end od the transaction. If you have questions about your order please email email@example.com.
Information Regarding Your Purchase.
For information relating to orders placed with travertinespa.com (e.g., order processing, shipping and handling, returns and exchanges), please email firstname.lastname@example.org.
Out-of-Stock & Back Order
Should an item on your order be out of stock, we will notify you via email the expected in-stock date. Your remaining order will ship on time and the out-of-stock item will ship when available at no extra charge to you.
Travertine Spa is required by law to collect sales tax on orders shipped within California.
Return Policy & Guarantee
Travertine Spa would like you to be happy with your purchase. To return or exchange a product, please email email@example.com or fax us at 714-249-4049 within 14 days of receipt of your purchase to process it for return or exchange. We will gladly replace any damaged or defective item immediately or refund your original purchase price. We are unable to refund shipping charges.
Credit Card Security
We work to protect the security of your registration and billing information during transmission by using the highest level of encryption, 128-bit key Secure Sockets Layer (SSL) software, which protects such information you input. You can further help protect to ensure your security by taking a few simple precautions. For instance, you should protect against unauthorized access to your travertinespa.com user name and password and to your computer. You should also make sure to sign off when finished using a shared computer.