PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Hot Tub Superstore (hereinafter “us”, “we”, or “Hot Tub Superstore”) operates the nvhottubs.com website, contained within or otherwise available through external hyperlinks, mobile and other applications of the foregoing, and associated social media outlets (collectively, the “Site”). The terms of use and all terms and conditions contained or referenced herein, our privacy policies, cookie policy and, for particular services, any additional posted terms and conditions that apply to such services (collectively, the “Terms and Conditions”) apply to your use of the Site, or any of the products or services offered through the Site, including your communications with us. By using the Site or any of the products or services offered through the Site, you agree to these Terms and Conditions, which govern your participation in the use of the Site, any other related products or services provided by Hot Tub Superstore (taken together with the “Service”). The Service is owned and operated by us. We may update these Terms and Conditions from time to time without any notice to you. You agree that it is your responsibility to review the Site and these Terms and Conditions periodically to learn of any modifications. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms and Conditions. The Service is offered subject to your (hereinafter “you”, the “User” or the “Customer”) acceptance and agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be put into practice by or published from time to time on the Site by us. The Customer and Hot Tub Superstore may be referenced collectively as Parties.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE; YOU MUST LEAVE THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THE SITE.

 

The following terms and conditions (hereinafter the “Agreement”) govern your participation in the use of the Site and the Services.

 

BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

 

ACCESS

Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use. Hot Tub Superstore may change, suspend or discontinue the Service at any time, including the availability of any feature, function, content or benefit. Hot Tub Superstore may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability. Hot Tub Superstore reserves the right, at its discretion, to modify this Agreement at any time.

 

User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes User’s acceptance and agreement of the terms and conditions of this Agreement as modified.

 

Notwithstanding the foregoing, Hot Tub Superstore may change any of its products, services, offers or rewards at any time with or without notice. The Service is available only to individuals who are at least 18 years of age. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

 

REGISTRATION

In order to purchase, or use any products or services through the Site, or access certain other features of the Site, you may be required to register with an email address and select a password. Your email address shall serve as your user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a user name a name that is subject to any rights of a person other than you without proper authorization. You will keep all such information updated and will not provide any third party with access to your account. Each User may only have one registered account.

 

As a condition of account registration, we require that you allow us to send you notifications via email including informational and promotional emails. This is required so we can provide you with a convenient way to access your orders, view your past purchases, review your shopping cart, and modify your preferences. You may opt out of promotional emails at any time as set forth in our terms and conditions.

 

You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. You are also responsible to maintain the security of any passwords or other account login information. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a user name, for any reason.

 

PURCHASE OF PRODUCTS

By engaging in a transaction, including registering on our Site, or placing an order for any of the products, your activity is governed by our terms and conditions, including all commercial transactions that are created electronically between the Parties. Purchase orders are allowed to be sent only electronically through the Hot Tub Superstore web shop.

 

Hot Tub Superstore will only accept the order if the Customer completes all fields required for the order. If the Customer fills a field incorrectly or incompletely, the website sends an error message from Hot Tub Superstore. Any incomplete order forms may not be processed. The Customer may place the selected product(s) in the cart by using the “Add to Cart” button on the page. To view and modify the contents of the cart, the Customer may click on the cart icon on the right side of the Site, then click on the “Modify” button to specify the desired quantity of products. If the Customer finalized the contents of the cart, they can place the order by clicking on “Purchase” under the cumulative purchase price. The next step is to provide their name, address email address, and phone number, choose between shipping options and determine how to pay for the total amount of the order. Customers also have the opportunity to add a comment to the order. After selecting one of the payment methods, the Customer can click on the “Continue” button to check their order information before submitting an order. To submit the order, to send the quote, the Customer must click on “Confirm”. By clicking on the “Confirm” button, the order is placed, which gives rise to a payment obligation for the Customer.

 

Hot Tub Superstore shall not be liable for any damages or delivery delays resulting from erroneous or inaccurate data provided by the Customer. Hot Tub Superstore shall not be liable for any damages arising therefrom if the Customer forgets the password or it becomes available to any unauthorized person, for any reason not attributable to Hot Tub Superstore. Hot Tub Superstore shall not be liable for any kind of damage or delay resulting from the Customer’s alteration of the registered data. The Customer shall notify the customer service about any change of data in active orders by sending an email to info@hottubss.com.

 

The essential features, attributes, and instructions for using the product can be found on the product information page of each product. If the product has more favorable or more advantageous properties than the information provided on the Site or in the instructions for use, that is considered to be the proper fulfillment of the contractual obligations of Hot Tub Superstore. If the Customer is in need of more information about the quality, basic attributes, use and usability of any product on our Site they can contact us at info@hottubss.com.

 

Upon placing the order the system shall generate an automatic response that sends a message to the Customer’s email address from a no-reply email address. However, neither this message not the submission of the order results in a contract between the Customer and Hot Tub Superstore. The contract is entered into by and between the Customer and Hot Tub Superstore when a Hot Tub Superstore associate sends an email to the Customer and confirms the order. A confirmation of receipt shall be electronically delivered to the Customer by Hot Tub Superstore. Such confirmation of receipt from the Hot Tub Superstore associate shall arrive in 72 hours from placing the order online and upon receipt of the no-reply email message.

 

This confirmation of receipt via email shall contain the Customer’s information inputted by the Customer during the online order process as well as the order identification, the list of ordered items, their quantity, the price of the product, the method and planned date of delivery, the shipping cost and the total amount paid by the Customer. This confirmation email informs the Customer that their order has been received by Hot Tub Superstore and whether the ordered item is available. If the ordered item is not available the confirmation of receipt will inform the Customer when it will become available again. If the confirmation of receipt email informs the Customer that the ordered item is not available, Customer shall have the right to cancel the contract within 72 hours from the receipt of email unless the product has shipped. If the confirmation of receipt email informs the Customer that the ordered item is available, Customer shall be obligated to respond within 72 hours from the receipt of email to assist the Hot Tub Superstore associates in making arrangements for the date of delivery.

 

The Customer is required to review the content of the confirmation email, its attachment or the links contained therein, if any for the accuracy of the information the Customer provided. Any additional delivery charges or other costs or delay that may be due to incorrectly or insufficient information, is borne by the Customer. If the Customer received the confirmation email and notices any error or inaccurate information, the Customer has to notify us at info@hottubss.com not later than in 24 hours upon receipt of the confirmation email.

 

The confirmation of receipt constitutes the acceptance of Hot Tub Superstore in connection with the Customer’s order and creates a binding contract between the Customer and Hot Tub Superstore. The Customer shall be exempt from entering into a binding contract if the Customer does not receive a confirmation of receipt via email from Hot Tub Superstore within 72 hours.

 

Hot Tub Superstore may add other products and services at any time. Such other services and products shall be considered part of the Service and may be subject to additional or different terms and conditions.

 

CANCELLATION OF THE ORDER

The purchase order may be canceled if the Customer does not receive a confirmation of receipt via email from Hot Tub Superstore within 24 hours; in this case Customer shall have the right to cancel the contract within 24 hours from the time the no-reply system message was received by the Customer.

 

The purchase order may also be canceled if the confirmation of receipt email informs the Customer that the ordered item is not available; in this case Customer shall have the right to cancel the contract within 24 hours from the receipt of email.

 

The purchase order may be modified without any consequences within 24 hours from the date when the order confirmation was sent to the Customer via email by a Hot Tub Superstore associate, if it comes to Customer’s knowledge that a different kind of hot tub should have been ordered, i.e.: different in size, capacity, features, etc. is needed. If the Consumer wishes to modify the order and consequently amend the contract with Hot Tub Superstore, the Customer has to notify us at info@hottubss.com as soon as possible but not later than 24 hours from when the order confirmation was sent by a Hot Tub Superstore associate to the Customer.

 

The Consumer bears the burden of proof in connection with the timely modification or cancellation of the order. The Customer’s email regarding the modification or the cancellation shall be acknowledged by a Hot Tub Superstore associate via email in 24 hours, and such email shall contain the Customer’s information inputted by the Customer during the online order process and either the new order identification, the new list of ordered items, the new quantity, the new price of the product, the new method and planned date of delivery, the new shipping cost and the new total amount to be paid, or the fact of the cancellation.

 

PRICING

The purchase price is always the amount indicated next to the selected product, which does not include the sales tax. The sales tax is calculated during the checkout process. The purchase price of the product does not include the cost of delivery. The delivery cost will be calculated during the checkout process. The amount payable is the total amount including the purchase price, the sales tax, and the delivery cost, and the amount payable is shown in US dollars. For the states where applicable, the sales tax is collected in accordance with the state laws to be remitted to the states. The sales tax calculation is based on the place of delivery of the order. The cost of delivery, i.e.: the shipping and handling charges may be taxable based on applicable state laws.

 

Hot Tub Superstore reserves the right to change the price of products and other terms of the order. The change does not affect the purchase price of products that have already been ordered. Hot Tub Superstore excludes any liability for data input errors and/or for false or incorrect display of price. If the incorrect price is posted on the website, Hot Tub Superstore  is not obligated to sell the product at the incorrect price. An incorrect or wrong price is in particular but not limited to:

 

An obviously incorrect, unrealistic price which significantly differs from the generally expected price of the product;

“$0” or “$1” price due to a system failure; or

Other unrealistic price that clearly indicates the value disproportion.

DELIVERY OF HOT TUBS, OUTDOOR KITCHENS, AND LARGE ACCESSORIES

The delivery of the product is always arranged with the assistance of professional third party shipping companies. Such shipping companies are requested to deliver the product to the curbside. The Customer understands, accepts, and agrees that the delivery service we provide via the third party shipping company is curbside delivery only. The delivery address Customer indicates must be accessible by a large truck and available for the release of the pallet-based cargo shipment of the packaged and secured hot tub. The shipping company shall not be responsible for moving the product(s) to your desired location as the shipping contract is solely for the curbside delivery service. In general, our products require at least 2 and up to 6 people at the time of delivery to remove the merchandise from the truck of the shipping company. The shipping company shall not be responsible for removing the product(s) from the truck as the shipping contract is solely for the curbside delivery service. The Customer understands, accepts, and agrees that the product is heavy and large, thus even with liftgate service, at least 2 and up to 6 people will be needed at the time of delivery.

 

The Customer understands, accepts, and agrees that it’s the Customer’s responsibility to:

 

Inspect the product immediately upon arrival for obvious signs of damage of the packaging hence the product;

Remove all packing materials and inspect the delivered product for damages as long as the shipping company’s representative is there;

Not use sharp blades to remove packing materials;

Note any damages or missing items on the delivery receipt, otherwise if no damage is noted on the delivery receipt, the delivery is considered complete;

Compare the number of units received to the number of units listed on the delivery receipt;

Sign the delivery receipt, if no damages, inconsistencies, or incompleteness is reported;

Take a copy of the delivery receipt from the driver and allow the driver to take the original signed copy as proof of delivery;

Indicate damages, inconsistencies, or incompleteness on the delivery receipt if the delivery fails to be complete;

Contact our customer support at info@hottubss.com in connection with any damages, inconsistencies, or incompleteness that are indicated on the delivery receipt;

Refuse the delivery only if the acrylic on the hot tub is damaged or if the hot tub arrives with an extreme damage;

Accept the delivery if the damage affects only the cabinet panels or the cover of the hot tub as it is considered as minor damage that should be noted on the delivery receipt;

Contact our customer support at info@hottubss.com if the delivery is refused; and

Contact our customer support at info@hottubss.com if the hot tub cover or any of the accessories are missing with a copy of the delivery receipt indicating the missing item.

Hot Tub Superstore will arrange the shipping of the parts in connection with damages noted on the delivery receipt at no extra charge. However, if the Customer fails to indicate the damages, inconsistencies, or incompleteness on the delivery receipt, the Customer shall be responsible for the cost of the parts and the applicable shipping charges.

Orders for products that are on stock shall be dispatched not later than on the 10th business day from the date the order confirmation was sent to the Customer via email by a Hot Tub Superstore associate. The actual delivery times vary and Hot Tub Superstore takes no responsibility for the length of the period of time spent between the date of dispatch and the date of delivery. Hot Tub Superstore’s products are limited in availability due to production scheduling in connection with the various models. If we are out of the model you chose, the Customer shall be informed via the confirmation receipt from a Hot Tub Superstore associate and may cancel the order within 72 hours from the receipt of such email.

 

USE OF THE SITE

Your use of the Site is subject to all applicable laws and regulations. You understand and acknowledge that although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Hot Tub Superstore. Hot Tub Superstore shall not be responsible for any data lost while transmitting information on the Internet. It is Hot Tub Superstore’s objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason including, without limitation, due to routine maintenance, update or upgrade. Hot Tub Superstore shall have the right at any time to change or discontinue any part or feature of the Site, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use. The photographs and the shapes, shades, hues, or colors displayed within for each product are solely for the purposes of illustration; therefore, they may differ from the actual. Hot Tub Superstore tries to ensure that the photographs show the actual products as closely similar to their real appearance as technically possible but  shall not be responsible for the accuracy or completeness of the images, nor for other photographic  mistakes or errors of the photographs.

 

RESTRICTIONS

Your unauthorized use may result in the cancellation, and potential suspension or termination of your account. Without limiting the applicability of any other provisions of the terms and conditions herein, you are hereby notified that you may not:

 

Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or our content or our users’ content (collectively, the “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site.

Attempt to gain unauthorized access to any portion of the Site or any Content thereof, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means.

Reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other user of our Site.

Use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site.

Use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with Hot Tub Superstore.

Use the Site or any Content for any purpose that is unlawful or prohibited by the terms and conditions.

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the Site’s systems or networks, or any systems or networks connected to the Site.

Remove any copyright, trademark, or other proprietary rights notice contained in or on the Site.

THIRD PARTY SITES AND LINKS

We may provide links to third party websites and permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. We are not responsible for the content of linked third party websites and we do not make any representations regarding their content or accuracy. Your use of third party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such websites. Unless you have executed a written agreement with Hot Tub Superstore expressly permitting you to do so, you may link not to the Site. User acknowledges and agrees that Hot Tub Superstore shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. These other websites are not under Hot Tub Superstore’s control, and User acknowledges that Hot Tub Superstore is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. We do not recommend or endorse the content of any third party websites, and the inclusion of any such link does not imply endorsement by Hot Tub Superstore.

 

COPYRIGHTS AND TRADEMARKS

Hot Tub Superstore Content means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site, including but not limited to the Site as a collective work, its design and structure (hereinafter “Hot Tub Superstore Content”). Hot Tub Superstore Content is owned by or licensed to Hot Tub Superstore and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these terms and conditions, no Hot Tub Superstore Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Hot Tub Superstore reserves all rights to copy and distribute any part of the Site by any method or technique. It is prohibited to modify, transform, reproduce, download, store or print any or all of the content of the Site, to use the Hot Tub Superstore Content to create another website or product, to present, expose or distribute, transfer, dispose of it for commercial or non-commercial use in any way and in any form without any prior written consent of Hot Tub Superstore. Copying, reusing and mirroring, i.e.: re-broadcasting to the public by means of a technical process, sharing, communicating in any medium, broadcasting or transmission of any Hot Tub Superstore Content without any prior written consent of the Hot Tub Superstore is also prohibited. Nothing contained in these terms and conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors. Without limiting the applicability of any other provisions of these terms and conditions, Hot Tub Superstore Content is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights licensed to Hot Tub Superstore. The foregoing provisions apply equally to and are for the benefit of Hot Tub Superstore, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

If you believe any Hot Tub Superstore Content or any other aspect of our Site infringes your copyright, you should send a written notice of copyright infringement to our designated copyright agent at the email address below and we will provide you with our Copyright Agent’s contact information. Your notice must meet the requirements of the Digital Millennium Copyright Act (hereinafter the “DMCA”) by providing the following information:

 

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your address, email address, and telephone number;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

The email address for requesting our Copyright Agent’s contact information is info@hottubss.com. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, DMCA permits you to send us a counter-notice. Counter-notices must meet the then-current statutory requirements imposed by the DMCA and sent our Copyright at info@hottubss.com.

 

WARRANTY DISCLAIMER

THE SITE, ALL CONTENT, ALL SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND HOT TUB SUPERSTORE ON BEHALF OF ITSELF AND ALL TRANSACTION INFORMATION PROVIDERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOT TUB SUPERSTORE MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. USER ACKNOWLEDGES THAT HOT TUB SUPERSTORE IS NOT RESPONSIBLE FOR (I) ANY PRODUCTS OR SERVICES PROVIDED BY ANY PARTICIPATING MERCHANT, OR (II) ANY USER CONTENT OF THE AFFECTS OF SUCH CONTENT ON USER. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK. HOT TUB SUPERSTORE DISCLAIMS ANY AND ALL WARRANTIES FOR THIRD PARTY GOODS AND SERVICES RECEIVED THROUGH, OR IN CONNECTION WITH, OR ADVERTISED ON, THE SERVICE.

 

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL HOT TUB SUPERSTORE, THE TRANSACTION INFORMATION PROVIDERS, OR ANY OF ITS OR THEIR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, REGARDLESS OF THE SOURCE OF ORIGINATION, (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, (IV) FOR ANY PARTICIPATING MERCHANT’S PRODUCTS, SERVICES, OFFERS, REWARDS OR ACTIVITIES, (V) FOR ANY DIRECT DAMAGES IN EXCESS OF IN THE AGGREGATE $1,000.00 (ONE THOUSAND US DOLLARS), OR (VI) FOR ANY DAMAGES RELATED TO ANY MATTERS BEYOND ITS REASONABLE CONTROL, SUCH AS ANY THIRD PARTY “HACKING”, ISP OUTAGES, ETC. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

In addition, Hot Tub Superstore shall not be liable for any loss or liability resulting, directly or indirectly, from User’s inability to access or otherwise use the Site, including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures.

 

PRIVACY POLICIES AND COPPA

The Site is not directed to children under the age of 13 and we do not knowingly collect personally identifiable information from children under the age of 13, nor do we knowingly distribute such information to third parties.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold Hot Tub Superstore and our affiliates harmless from and against any demands, loss, liability, claims, damages or expenses, including reasonable attorneys’ fees and costs, made against us by any third party due to, arising out of, or related to (i) your access to the Site or part thereof, (ii) User’s use or misuse of the Site, (iii) any User Content posted, uploaded or transmitted, or otherwise contributes by you, (iv) your use or distribution of any User Content, (v) your violation of our terms and conditions, (vi) any use of your user name by you or any third party, (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person, or (viii) gross negligence or willful misconduct.

 

TERMINATION

In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of the terms and conditions or for any other reason.

 

NOTICES

We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.

 

DISPUTE RESOLUTION

All disputes or claims arising out of or relating in any way to your visit to the Site, your purchase, or use of any of our Services, our terms and conditions, our privacy policies, or this Agreement (hereinafter “Claims”) shall be resolved by binding arbitration, rather than in court. You acknowledge and agree that you are foregoing your right to proceed in a lawsuit in state or federal court. You also acknowledge and agree that your right to a jury trial is voluntarily waived. User understands and agrees that s/he shall be obligated to begin resolving all Claims via mandatory mediation in the case when they cannot settle be settled amicably. Any Claims between the Parties that cannot be resolved by mediation shall be subject to arbitration by an arbitrator in accordance with the rules set forth by the Federal  Arbitration Act (hereinafter the “Rules”) in effect at the time of submission to arbitration. Parties understand and agree that each party to the arbitration shall bear its own fees during the mediation and the arbitration. The arbitrator shall honor the terms of this Agreement, follow applicable laws, and can issue reasonable relief, including monetary damages as well as injunctive, declaratory or statutory mandate relief.

 

NO CLASS ACTION

All arbitration proceedings shall be individual arbitration. You expressly agree that no other claims may be joined with your claims. You further agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither you nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action. If any part of this Section of this Agreement, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to be unenforceable, then the entire arbitration provision shall be null and void.

 

GOVERNING LAW

The terms and conditions of this Agreement are governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States and accessing the Site from territories where its use is illegal is prohibited.

 

WAIVER

Any failure by Hot Tub Superstore to enforce or exercise any provisions of these terms and conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

 

MISCELLANEOUS PROVISIONS

These terms and conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These terms and conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in and the remaining portions of this Agreement shall continue in full force and effect.