PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1.Products, Content and Spalon Montage Specifications. All features, content, specifications, products and prices of products, gift certificates, and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Spalon Montage ship times are dependant upon the shipping option chosen during checkout, but guarantees to ship within 5 to 7 days.
3. Accuracy of Information. Spalon Montage attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness or accuracy of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Spalon Montage and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. Media materials located in the media section of this Web Site may be used, but not altered for press purposes, without prior written consent. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or during your visit to the Web Site.
5.Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Spalon Montage and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Spalon Montage or such third party owner (with exception to the Spalon Montage media materials as addressed in the previous section).
6. Linking to this Web Site. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without Spalon Montage prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.
7.Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Spalon Montage or affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Spalon Montage, nor any affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Spalon Montage, nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
8. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Spalon Montage may have at law or in equity, if Spalon Montage reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Spalon Montage may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Spalon Montage will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Spalon Montage to disclose the identity of anyone posting such materials.
10. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SPALON MONTAGE, NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND SPALON MONTAGE, NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. SPALON MONTAGE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY. Spalon Montage does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL SPALON MONTAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
12. Revisions to these Terms and Conditions. Spalon Montage may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
13. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Spalon Montage to the extent necessary to resolve any inconsistency or ambiguity between them. Spalon Montage administers this Web Site from its offices in Minnesota. These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Minnesota, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the Commonwealth of Minnesota or the United States District Court of Minnesota. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
15. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at email@example.com.
Spalon Montage Gift Certificate Terms
By using a Spalon Montage gift certificate you are specifically agreeing to these terms and conditions as may be amended or modified by Spalon Montage at any time without notice.
Purchasing a gift certificate
You can purchase a Spalon Montage gift certificate online at www.spalon.com, in-store at any Spalon Montage location, or by calling 952.915.2900. Gift certificates purchased online may only be purchased by credit card. Value is determined in US dollars.
Use of Card
Spalon Montage gift certificates may only be used for purchases of goods or services in Spalon Montage salons. They are not redeemable online at this time and cannot be redeemed for cash.
Spalon Montage reserves the right to decline to accept any Spalon Montage gift certificate if Spalon Montage reasonably believes that the use is unauthorized or otherwise illegal. Spalon Montage is not responsible for lost, stolen or damaged cards, or unauthorized use. The Spalon Montage gift certificate is not a credit card and does not represent a bank deposit and is therefore is not insured under the banking regulations of any jurisdiction.
Expiration Dates and Non-Use Service Fees
A Spalon Montage gift certificate does not expire and does not charge any non-use service fees in accordance with applicable laws.
Disclaimer of Liability
SPALON MONTAGE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SPALON MONTAGE GIFT CERTIFICATE, INCLUDING ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGMENT OR THAT THE GIFT CERTIFICATE WILL ALWAYS BE ACCEPTED. IN THE EVENT SPALON MONTAGE IS FOUND LIABLE, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, NOT TO EXCEED THE LAST BALANCE ON THE SPALON MONTAGE GIFT CERTIFICATE. SPALON MONTAGE SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE USE OF THE SPALON MONTAGE GIFT CERTIFICATE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPALON MONTAGE SHALL NOT BE LIABILE FOR ANY DAMAGES SUSTAINED BY REASON OF ANY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF SPALON MONTAGE.
Disputes, Choice of Law and Venue
Any disputes with regard to a Spalon Montage gift certificate shall be governed by the laws of the State of Minnesota without regard to any conflict of law rules. The venue of any dispute shall be in any court of competent jurisdiction in the State of Minnesota. By using a Spalon Montage gift certificate you agree that the Spalon Montage gift certificate(s) are deemed purchased and issued from the State of Minnesota.
Spalon Montage reserves the right to amend, modify or change in any fashion the terms and conditions of use of the Spalon Montage gift certificate.
Privacy & Legal Info
Spalon Montage respects each individual’s right to personal privacy. We will collect and use information through our Web site only in the ways disclosed in this statement. This statement applies solely to information collected at spalon.com website that is operated by Spalon Montage.
Part I. Information Collection
Spalon Montage collects information through our Web site at several points. We collect the following information about primary visitors: personal information, such as phone number, name, address – collected when you purchase products, and site usage information, such as domain names, time of day and other non-identifiable information – when you visit the site to order our products, some degree of personal information is mandatory to facilitate transactions. Other information we request is optional.
Part II. Information Usage.
Registered users will receive additional announcements from us about products, special deals, and events. Out of respect for the privacy of our users we present the option to not receive these types of communications. The information we collect may be used to create customer profiles based on browsing or purchasing history. We will not supplement information collected at our Web site with data from other sources.
We offer links to other Web sites. Please note: When you click on links to other Web sites, we encourage you to read their privacy policies. Their standards may differ from ours.
Part III. Problem Resolution
If problems arise, users may contact Spalon Montage by email: firstname.lastname@example.org, or phone: 952.915.2900. We are committed to resolving disputes as soon as possible.
Part IV. Data Storage and Security
Part V. Cookies, Web Beacons, Pixel Tags and GIF’s
We may use third party advertising companies to serve ads when you visit our website. In the course of serving advertisements, our third party advertisers and partners may place or recognize a unique cookie on your browser. These companies may use information about your visits to Spalon Montage and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. These third party partners monitor how guests use our website and determine which of our online features they prefer. We may report information to our partners about our subscribers and the products and services they order, as well as aggregated, non-identifiable information about our guests’ use of our website. For more information, please see the “Third Party Advertisers” section below.
Part VI. Third Party Advertisers
We may use third party advertising companies to serve our Internet ad banners on our website and other websites on which we advertise. If you view a Web page where our ads appear, the advertising company may place a cookie on your computer or use a Web beacon to access a cookie that they previously placed on your computer. These companies do not collect information that can personally identify you, but they may use information about your visits to our website and other websites to measure the effectiveness of ads. We do not disclose any personally identifiable information to these companies. We share aggregate website usage information with third party advertisers and partners for the purpose of effectively targeting our online advertisements. Unless you are previously notified, these advertising companies do not link any online behavior or cookies with other information that can be used to personally identify you, such as your name, address, telephone number or e-mail address, when on spalon.com.
These third party advertising networks also track visitors’ online usage and behavior patterns. These companies may use information about your visits to spalon.com and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. The result of these efforts is the creation of an online profile that attempts to predict individual user interests, preferences and purchasing habits. The third party advertising networks then accordingly customize the advertising content served to users when visiting other websites.
Part VII. Data Security
There is no such thing as “guaranteed security”, whether conducting business online or offline. Having established this fact, Spalon Montage employs commercially reasonable and appropriate data security safeguards to protect against unauthorized access and disclosure of data that are consistent with our business operations and generally accepted industry standards.
Part VIII. Contact Spalon Montage
© Spalon Montage 2011. All rights reserved.