This Terms of Use Agreement sets forth Silverstein Properties, LLC ("us", "we", or "our") standards of use of this website (the “Website”). By using the Website site or any mobile app associated with the Website (the “App”) or any of our Services (as defined herein), you agree to these terms and conditions (“Terms & Conditions”). If you do not agree to the Terms & Conditions, you should immediately cease all usage of the Website, the App, or the Services. We reserve the right, at any time, to modify, alter, or update these Terms & Conditions without prior notice. Modifications shall become effective immediately upon being posted at the Website or on the App. Your continued use of the Services 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.
1. Description of Service
We are providing you with information about our products and services and general wellness information along with the ability to purchase packages, book services, purchase gift cards, find
practitioners in their area, view practitioner information, request information, complete customer satisfaction surveys, and apply for job openings (the “Services”). Also, included in the Services is the ability to book conference rooms and to access properties associated with us. You must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The Website, App, and any other products, services, or technology that is provided us on an "as is" and on an "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the use or the results of this Website, the App, or the Services in terms of its correctness, accuracy, reliability, or otherwise. Neither we nor our affiliates, successors, assigns and their respective employees, directors and officers shall have any liability for any use of this Website, App, or the Services. We on behalf of ourselves and our affiliates, successors, assigns and their respective employees, directors and officers disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WE NOR OUR AFFILIATES, SUCCESSORS, ASSIGNS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
3. Limitation of Liability
NEITHER US NOR OUR AFFILIATES, SUCCESSORS, ASSIGNS NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING 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, THE SERVICES OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, NEITHER WE NOR OUR AFFILIATES, SUCCESSORS, ASSIGNS NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. ALL INFORMATION PROVIDED THROUGH OUR WEB SITE, MOBILE APP, OR DIRECTLY THROUGH OUR SERVICE PROVIDERS ARE FOR ENTERTAINMENT PURPOSES ONLY.
Business Uses of the Services.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify us, our affiliates, successors, assigns and their respective employees, directors and officers from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney’s fees.
4. Indemnification
You shall indemnify and hold harmless us and our affiliates, along with their officers, directors, employees, agents, successors and permitted assigns, from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) to the extent caused by your gross negligence or willful misconduct, or arising out of your breach of this Agreement. You hereby waive, release and hold harmless us, and our affiliates, subsidiaries, officers, employees and agents, from any and all liability, including but not limited to, actions or claims resulting from personal injury, property damage, or loss of any kind, sustained by you at any of the premises that you access for use of the Services or during the performance of activities related to the Services.
5. Modifications and Interruption to the Service
We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website or the App and operation of our Website or App may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our Website or App may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. 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.
7. Disclaimer Regarding Accuracy of Practitioner
Information, Hours of operation, services provided, and other information have either been provided by the practitioners or collected from publicly available sources. While We make every
effort to ensure that the information on this Website or App is accurate; we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website or the App. ALL INFORMATION OBTAINED FROM THIS WEBSITE OR THE APP OR
PROVIDERS SHOULD BE USED FOR ENTERTAINMENT PURPOSES ONLY.
8. Governing Jurisdiction of The New York Courts
Our Website and the App are operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms & Conditions, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
9. Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. 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.
10. Notification of Claimed Copyright Infringement
Please contact support@inspireyourday.com to report any potential copyright claims on the Website or the App.
11. Other Terms
If any provision of these Terms & Conditions shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms & Conditions and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third-party in the event of a merger or acquisition. These Terms & Conditions shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. We reserve the right to deny service, revoke credits, void gift cards, cancel promotions to any customer with or without prejudice. You agree that by accepting this Terms & Conditions, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.