Terms Of Use

Access to and use of Leather Spa website, www.LEATHERSPA.com (the site) is governed by the terms of use (terms of use) set forth below, as well as any applicable laws, statutes, ordinances and regulations. By accessing this site, you agree to be bound by the terms of use. If you do not agree to the terms of use, please do not use this site. Each time you use the site, the current version of the terms of use will apply. Accordingly, when you use the site, you should check the date of the terms of use (which appears at the top) and review any changes since the last version.

1. Intellectual property rights

The materials located on the site, including, without limitation, the text, graphics, and all other audible, visual, and downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the site (collectively, the content) are the property of Leather Spa or its licensors or designees and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the content are owned, licensed and/or controlled by Leather Spa. You may download one computer copy or print one copy of the content on this site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the content is strictly prohibited without the express written consent of Leather Spa.

2. Privacy statement

Leather Spa is committed to protecting the privacy of the users of its site. For information on how information is collected, used or disclosed by Leather Spa in connection with your use of this site, please consult our privacy policy.

3. Links to other websites

This site may contain links to websites operated by other people or companies. Please be aware that Leather Spa is not responsible for the content, functionality or privacy practices of those websites.

4. Submissions

Leather Spa does not want to receive confidential or proprietary information from you through our site. Any communication or material you transmit to the site by electronic mail or otherwise, excluding personally identifiable information about yourself, including, but not limited to any questions, comments, suggestions or the like will be treated as non-confidential and non-proprietary by Leather Spa. By transmitting such communications, you automatically grant the Leather Spa a royalty-free, perpetual, irrevocable non-exclusive license to use reproduce, modify, publish, edit, translate, distribute, perform, and display such material(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by the Leather Spa for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.

5. Disclaimer of warranties

If you access this site or any material available through this site, you do so at your own risk. The site is provided “as is”. Leather Spa makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the site. Leather Spa disclaims to the maximum extent permitted by law, any and all such representations and warranties. Without limiting the generality of the foregoing, Leather Spa disclaims to the maximum extent permitted by law any and all warranties, express or complied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the site, or any part thereof, (iv) warranties relating to the transmission or delivery of the site, (v) warranties relating to the accuracy or correctness of data, and any other warranties otherwise relating to performance, nonperformance, or other acts or omissions by Leather Spa. Further, and without limiting the generality of any of the foregoing, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that Leather Spa’s warranty does not cover telecommunications or internet outages caused by third parties or otherwise outside of Leather Spa’s control. Services may be limited by many factors, including inherent risks of the internet.

Because some states do not allow the exclusion or limitation of certain categories of damages or implied warranties, the above limitations may not apply to you. In such jurisdictions, Leather Spa’s liability is limited to the greatest extent permitted by law.

6. Limitation of liability

In no event shall leather spa nor its affiliates be liable to customer for any direct, indirect, incidental, consequential, punitive, special, or other similar damages, including replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, whether or not due to the fault or negligence of leather spa or its affiliates, and regardless of whether leather spa or its affiliates have been advised of the possibility of such damages or losses. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Notwithstanding anything to the contrary contained herein, leather spa shall not have any liability to customer in connection with, or as a result of, any actions, omissions, or breaches of leather spa or its affiliates (or third party service providers) with respect to the provision of services, whether arising in contract, tort, or otherwise, except to the extent such customer incurs any losses resulting from the gross negligence or willful misconduct of leather spa. Subject to applicable law and without limiting the foregoing, such customer’s sole liability, and such customer’s sole and exclusive remedy, in connection with any claim (except to the extent any claim arises from or relates to the gross negligence or willful breach or misconduct of leather spa) under this provision shall be recovery of any fees paid by such customer for the services provided hereunder.

Without limiting the foregoing, except in the case of gross negligence or willful misconduct of leather spa, in no event will the total, cumulative, aggregate liability of leather spa, whether based upon an action or claim in contract, tort (including negligence), warranty, misrepresentation, equity or otherwise, exceed the amounts paid by such customer to leather spa for the services provided.

7. Indemnification

You agree to indemnify, defend and hold harmless the Leather Spa, its respective successors, assigns, affiliates, distributors, licensees and their past and present officers, directors and employees, representatives, and agents from and against any suit, claim, liability, or proceeding in connection with any third party claim due to or arising out of your violation of these terms of use.

8. Severability and integration

These terms of use constitute the entire agreement between you and Leather Spa regarding the use of this site, superseding any prior or contemporaneous communications and proposals between you and Leather Spa. If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

9. Termination

You acknowledge and agree that Leather Spa, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this site, and remove and discard any information or content or any of the site, for any reason. You further agree that Leather Spa shall not be liable to you or to any other person as a result of any such suspension or termination.

10. Governing law and forum

These terms of use along with Leather Spa’s privacy policy shall be governed and construed in accordance with the laws of the state of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in New York county, New York. The parties hereby waive any and all rights to a trial by jury. Any cause of action by you with respect to the site, the terms of use, the privacy policy, or any content or related services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred.

Accessibility

If you are having any difficulty using this website, please contact the Help Desk at [email protected] or (718) 392-9220. Please identify the webpage address or URL and the specific problems you have encountered and we will address the issue or assist you over the phone.