Welcome to elmwoodspa.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By accessing, browsing and using this Site, you are signifying your consent to be bound by these Legal Terms and Conditions (the “ Terms and Conditions “).
1. RESTRICTIONS ON USE OF MATERIALS
This Internet website (the “Site”) is a service of the Elmwood Spa which is controlled and operated by Brydson Group Ltd. (referred to as “BGL”, “we”, “us” or “our” herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is owned by and the property of BGL, or other parties that have licensed their materials to BGL and/or The Elmwood Spa, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by BGL or its affiliates, subsidiaries, successors and assigns may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.
“The Elmwood Spa”, “Elmwood Spa” and the Elmwood Spa logo are trademarks of BGL. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
While BGL maintains copyright protection in all publications it places on the World Wide Web, BGL consents to normal downloading, copying and distribution of the information for non-commercial purposes within the user’s organization or for non-commercial personal purposes. In consideration of this, users agree that copies of the information will retain all copyright and other proprietary notices.
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BGL, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. BGL, IT’S AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE BGL NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. BGL, ITS AFFILIATES AND LISCENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT BGL) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and operated at offices in Toronto, Ontario, Canada. BGL makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
3. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall BGL, its subsidiaries or affiliated companies or licensors, or their directors, officers, employees or other representatives be liable for any damages that arise out of or in connection with the use of this Site, even if BGL or a BGL authorized representative has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BGL’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing or using this Site.
4. LINKS TO THIRD PARTY SITES
The links on the Site will enable you to leave the Site and connect directly to linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of or endorsement by BGL of any such site or entity, or its respective information, publications, products or services. BGL shall not be responsible for the contents of any site linked to this site or for any link contained in a linked site. BGL is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by BGL.
We would like to hear from you regarding BGL’s products and services. Please note that if you send us suggestions, ideas, or other information (collectively, “Submissions”), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of BGL and BGL shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you waive all moral rights in the Submissions.
6. JURISDICTION AND SEVERABILITY
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
BGL reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold BGL, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents contained on the Site.
BGL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
10. USER PRIVACY AND SECURITY POLICY
Use of this Site is also subject to the terms of our Security Statement. You recognize and agree that although BGL security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, BGL shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.
11. PRODUCT INFORMATION
All prices displayed on this Web site are quoted in Canadian Funds. Gratuity not included in Retreats or Spa Services.
© Brydson Group Ltd. 2000