Terms of Use

TERMS OF USE

BINDING EFFECT. This is a binding agreement. By using the website located at GoSpaHop.com (the “Site”) or any Services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Spa Hop, LLC (“Spa Hop,” “we,” “us”) from time to time. You agree that by using this Service, you represent that you are at least 18 years old and able to enter into this legal agreement.
CAREFULLY READ THESE TERMS OF USE AS THEY CONTAIN AN AGREEMENT TO ARBITRATE. THE AGREEMENT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPA HOP TO BINDING AND FINAL ARBITRATION. UNDER THE AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPA HOP ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS-ACTION LEGAL ACTION. BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO ALL ASPECTS OF THE ARBITRATION CLAUSE FOUND IN SECTION 30.
UNITED STATES USE ONLY. The Site is controlled and operated by Spa Hop from its location in the State of California. Spa Hop currently provides Services to spas located solely in California. The Site and Service are directed at an audience in the United States only. We do not envisage offering products or Services to citizens or visitors of the Member States of the European Union, nor do we monitor their behavior as contemplated in the General Data Protection Regulation. Spa Hop makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Spa Hop’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
PRIVACY POLICY. Spa Hop respects your privacy. A complete statement of Spa Hop’s current privacy policy can be found by clicking here. Please keep in mind that when you book a spa experience, the spa you select will be provided access to specific personal information for you such as your name, email address, and booking date so the spa can communicate with you regarding the booking and its services. Spa Hop’s privacy policy is expressly incorporated into these Terms of Use by this reference.
ACCEPTANCE OF TERMS. By clicking any button to indicate your consent, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms, do not attempt to open an account or use the Service.
ADDITIONAL TERMS AND CONDITIONS. In addition to these Terms of Use, particular products, Services, or third party offerings may also appear on the Site with their own terms and conditions. Your use of any such product, Service, or third party offering is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms of Use. Should the Terms of Use and additional terms and conditions conflict, these Terms of Use shall prevail.
SPA HOP SERVICES
1. The Services. You can schedule spa services at a discount offered by independent hotel spas and resort spas (collectively “Spa Service Provider(s)”) through our Site. Spa Hop is not a direct provider of spa services and we do not own, operate, or control any of the Spa Service Providers you will find listed on the Site. Our role is to make it easy for you to browse different spa treatments in your area and then book those treatments at a discounted rate using our credit system.
2. Subscriptions. You must sign up for a subscription to access and place bookings for discounted Services with the Spa Service Providers listed on the Site. You may then select from a subscription plan as detailed here and incorporated by reference into these Terms of Use. You shall receive one credit for each subscription month you may use to reserve discounted Services. A subscription month begins when we receive your cleared payment for the subscription and extends to the day of that month in the next calendar month. For example, if you subscribe and your payment clears on June 20, 2019, that subscription month will be from June 20, 2019 until July 20, 2019 during which you will have one credit.
3. Three-Month Commitment. The initial commitment period for any subscription is three months. Your subscription will then convert to a month-to-month subscription.
4. Credits. You will be allotted one credit for each subscription month. You may use the credit towards the Services listed on the Site by any Spa Service Provider. The credits have no cash value and are not redeemable with us or any third party for cash.
5. Using Your Credits. Spa Hop will provide you with the credits for your subscription plan within 24 hours of receiving payment for the then-current subscription period. You may then use the credit or accumulated credits with any Spa Service Provider listed on the Site.
6. Credits Expire – Each credit expires 90 days after it is first credited to your account. You will accrue credits for each subscription period meaning that you may have a maximum of three credits at any one time after the initial 90 days of your subscription. .
  If you cancel your subscription or Spa Hop terminates it, all unused credits in your account will expire immediately. There will be no refund of credits, which have no dollar value. Please contact us if you have any questions regarding this process.
7. Credits Limitations. Credits are for use solely on GoSpaHop.com. They have no cash value, may not be redeemed, and do not operate or serve as stored value facilities. You may not transfer, trade, gift or exchange credits with another person or company. Credits may not be used as gift certificates. If you are interested in providing credits as a gift, please review our gift certificate options on the Site.
8. Inappropriate Bookings. To use your credits, you must place bookings and cancellations through the Site. Your failure to schedule bookings and cancellations through the Site shall constitute a material breach of these Terms of Use. Should you place bookings or cancel a booking directly with Spa Service Providers instead of through the Site, you agree one credit shall immediately expire for each such transgression and you conduct shall be grounds for immediate termination of your membership.
9. Spa Service Provider Availability. Spa Hop does not guarantee the availability of particular Spa Service Providers on the Site or the dates, times, and Services those Spa Service Providers may make available to you. Spa Hop may, in our sole discretion, add or remove Spa Service Providers from the Site at any time and without warning. Spa Service Providers may also decide to add or remove services from their offers on the Site or terminate their participation on the Site entirely at any time and without warning.
FEES AND REFUNDS
1. Recurring Billing. You authorize us to charge you on a recurring basis when you subscribe in an amount indicated at the time you subscribe. We will charge you immediately when you first subscribe. The subscription period shall extend from the date you subscribe until the same date in the subsequent month, and will continue to recur each month until you cancel the subscription as detailed herein. If the date you subscribe is not available in a particular month, such as where you would subscribe on the 31st day of a month, you authorize us to adjust the billing date to the earlier of the available dates. For example, you authorize us to bill you on the 30th of a month that does not have 31 days if you initially subscribe on the 31st day of another month. This billing procedure shall not affect the monthly subscription period.
2. Optional Spa Hop Fees. We may offer other products and Services such as upgrades, additional credits, or spa products on the Site. Your purchases of such products or Services will be billed immediately and are separate from your subscription. You may not use subscription credits for individual product or Service purchase unless we indicate such use is allowed at the time of the purchase.
3. Spa Service Provider Fees. Spa Service Providers may charge you additional fees such as mandatory gratuities beyond the discounted Service you receive through Spa Hop. Your Spa Hop subscription does not cover such fees, and you are solely responsible for the payment of the fees.
4. Missed Or Late Booking Fees. You understand that Spa Service Providers block out time for your bookings to the determent of other customers. You may cancel a booking with 24 hours notice without consequences. If you cancel within 24 hours of a booking or miss a reserved treatment, you authorize us to charge you a $25 fee. The credit associated with said missed or late booking will be returned to your account.
5. Refunds. All Spa Hop fees are non-refundable with one exception. When you first subscribe with us, you may cancel the subscription within seven (7) calendar days and receive a full refund. This refund option shall only apply to parties subscribing for the first time and if no Services have been used during the initial seven day period. If a refund is issued, you are released from the three-month commitment for new subscribers detailed herein.
6. Unused Credits and Subscription Months. You authorize and agree to us charging you as detailed herein regardless of whether you take advantage of the benefits of your subscription. Your failure to use credits prior to their expiration or the access the Site for any period of time is not the basis for a refund request.
7. Refused Payments. You are required to provide a payment resource such as a credit card which we may bill for your monthly subscription price. If one or more of our charges are rejected, your account shall freeze immediately. You will have fifteen days to unfreeze the account by providing us with payment for the past due amount and an active payment resource moving forward that we may submit subscription payment charges to. Should you not provide payment and an active payment resource within fifteen days, your account shall be canceled and all credits terminated.
8. Subscriptions and Pricing Changes. We reserve the right to modify the subscription plans and pricing from time-to-time. We will notify you prior to such changes and provide you with the option to continue or cancel your subscription. If you continue, the modification mentioned in the alert will take effect in your next billing cycle. You may reject the modification by canceling your subscription.
CANCELLATION. You may cancel your subscription with us at any time after your initial three-month commitment or the refund period as detailed herein by using the cancellation form provided on the Site or contacting us. Upon cancellation, you will continue to have access to the Services offered through the Site and your credits until the end of the then paid for subscription month. Following the end of the then current subscription month, your credits shall expire and you will no longer have access to the Site or Services.
1. PayPal. If you are using PayPal as the payment method for your subscription, you must access your account and terminate the subscription payments you are making to us. We cannot access your account and cancel the payments.
TERMINATION BY SPA HOP. At any time and without notice, we may terminate or suspend your account as well as all bookings, Services, or products ordered through the account in our sole discretion. If we determine you have violated these Terms of Use or the law in general, in our sole discretion, you will not be entitled to a refund of the then current subscription month or any other payments. If we terminate or suspend your account for any other reason, we will provide you with a pro-rated refund of the then current subscription month and any other payments for which Services or products have yet to be rendered.
GIFT CARDS. We may offer Spa Hop gift card (“Gift Card(s)”) subscriptions from time-to-time. Only individuals 18 or older are qualified to purchase or receive Gift Cards. The Gift Cards are intended solely for purchase and use within the United States and may only be used with Spa Hop, not participating Spa Service Providers. Each recipient of a Gift Card will be required to provide a payment resource when subscribing to Spa Hop with a Gift Card. The payment resource shall be billed for any shortfall between the Gift Card balance and subscription fee for the month in question. Any remaining Gift Card balance shall be applied to subsequent subscription months. Gift Cards may not be resold or used in third party promotional activities. The Gift Cards do not expire and carry no dormancy or service charges.
1. Completed Gift Card Period. Once the subscription period of a Gift Card has expired, the recipient shall continued as a subscribed member and shall be billed automatically pursuant to these Terms of Use until the recipient cancels.
2. Risk of Loss. Spa Hop Gift Cards should be treated as you would cash. The person who has possession of the card may use it, so do not lose your Gift Card. We will not issue refunds or replacements for lost Gift Cards unless required to do so by law.
3. Refunds. We do not offer refunds on Gift Cards unless required to do so by law.
4. Misuse. We may terminate a Gift Card if we feel the card has been misused or fraudulent action taken involving it in our sole discretion.
5. Errors. We reserve the right to cancel any Gift Card and associated services containing any typographical, pricing, or other errors and are not responsible for complying with the erroneous information. If we determine the error is our sole fault, we will provide a replacement Gift Card with the correct information or refund the amount paid for the card in our sole discretion.
REFER A FRIEND. On occasion, we may provide a refer a friend program for subscribers. You may only participate in the program if you are an active subscriber, and only referrals of individuals 18 or older shall qualify. Referring subscribers will receive a benefit as described in the then current offer and incorporated herein by reference for each referred person who becomes a full-paid subscriber of Spa Hop. You must comply with FTC disclosure rules and make it clear to the parties being referred that you will receive a benefit should the person become a paying subscriber of Spa Hop. Any refunds provided to a referred subscriber shall result in the termination of the benefit provided for the referral.
ACCOUNT AND PASSWORD SECURITY AND CONFIDENTIALITY. When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You agree to keep this information updated at all times. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time and you may not allow a third person to access your account or use your credits. You agree to notify Spa Hop immediately regarding any unauthorized use of your account, user name, or password. Spa Hop shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Spa Hop, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else using your account or password.
USE OF SOFTWARE. Spa Hop may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Spa Hop, for your personal, noncommercial, home use only. Spa Hop does not transfer either the title or the intellectual property rights to the Software, and Spa Hop retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Spa Hop or its licensors and you may not copy or use them in any manner.
USER CONTENT. You are and remain the sole owner of any materials you post to the Site. However, you grant Spa Hop a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Spa Hop, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Spa Hop, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Spa Hop may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
COMMUNICATIONS. When creating an account on the Site or contacting us, you agree and expressly consent to Spa Hop contacting you by email message, direct mail, text message, or telephone call to respond to your inquiry or for administrative or marketing purposes. You may not opt-out of administrative messages as we need to send information required under law such as billing notices and notices that we’ve updated the Terms of Use. You can opt-out of marking messages via the opt-out mechanism in any email message or by contacting us to request removal.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or Services. Spa Hop reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Spa Hop intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
COPYRIGHT INFRINGEMENT. Spa Hop complies with the Digital Millennium Copyright Act [“DMCA”]. Please visit our DMCA Policy [link to] to submit a copyright complaint to our DMCA Agent.
ALLEGED VIOLATIONS. Spa Hop reserves the right to terminate your use of the Service and/or the Site. To ensure that Spa Hop provides a high-quality experience for you and for other users of the Site and the Service, you agree that Spa Hop or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Spa Hop does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Spa Hop reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Spa Hop believes that you have violated any of the Terms of Use, furnished Spa Hop with false or misleading information, or interfered with use of the Site or the Service by others.
DISCLAIMER OF WARRANTIES. THE SPA SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES). SPA HOP DOES NOT PROVIDE PHYSICAL SPA SERVICES, INCLUDING BUT NOT LIMITED TO, MASSAGES AND OTHER SPA EXPERIENCES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, THIRD PARTY SPA SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR SERVICES YOU RESERVE AND UNDERTAKE WITH ANY THIRD PARTY SPA SERVICE PROVIDER.IN NO EVENT SHALL SPA HOP BE LIABLE FOR ANY ERROR, OMISSION, OR ACT BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A RESERVED SESSION WITH A THIRD PARTY SPA SERVICE PROVIDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. SPA HOP IS NOT AN AGENT OF THE SPAS LISTED ON THE SITE OR ANY THIRD-PARTY.WITHOUT LIMITING THE FOREGOING, SPA HOP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR SERVICE OR THIRD PARTY SERVICE IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY SERVICE OR THIRD PARTY SERVICE, (III) THAT THE SITE AND/OR ANY SERVICE, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR AREA.
ALL CONTENT OR FEATURES AVAILABLE THROUGH THE SITE, SERVICE, AND THIRD PARTY SPA SERVICE S ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPA HOP, ON BEHALF OF ITSELF AND SPA SERVICE PROVIDERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SPA HOP NOR ANY PERSON ASSOCIATED WITH SPA HOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPA HOP NOR ANYONE ASSOCIATED WITH SPA HOP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, MALWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SPA HOP, ITS MEMBERS, EMPLOYEES, AND OFFICERS AS WELL AS ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO SPA HOP FOR THE SERVICE IN THE LAST SIX (6) MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The limitation of liability may not apply to liability resulting from the gross negligence or willful misconduct of Spa Hop.
THIRD PARTY PROVIDERSYOU UNDERSTAND THAT SPA HOP IS A WEBSITE REFERRAL SERVICE, BUT DOES NOT PROVIDE THE IN-PERSON SPA SERVICE S YOU MAY ORDER THROUGH THE SITE. ALL SERVICES ARE OFFERED BY INDEPENDENT THIRD PARTY SPA SERVICES. SPA HOP MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY LISTED ON THE SITE OR THE SERVICES OR GOODS OFFERED BY THOSE PARTIES. YOU ACKNOWLEDGE THE ACTIONS OF INDEPENDENT THIRD PARTIES LISTED ON THE SITE ARE THEIR OWN AND AGREE SPA HOP IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH A HEALTH CARE PROFESSIONAL PRIOR TO USING THE THIRD-PARTY SPA SERVICES TO DETERMINE IF YOU ARE HEALTHY ENOUGH TO RECEIVE MASSAGES AND OTHER SPA TREATMENTS.
SPA HOP AND THIRD PARTIES MAY PUBLISH INFORMATION ON THE SITE REGARDING HEALTH-RELATED ISSUES AND MAY NOT BE UPDATED OVER TIME. YOU ACKNOWLEDGE AND AGREE THAT THIS INFORMATION IS BEING PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES AND IS NOT INTENDED TO BE THE PROVISION OF PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU AGREE TO ALWAYS SPEAK WITH A MEDICAL PROFESSIONAL REGARDING ANY HEALTH ISSUES PRIOR TO USING SERVICES ORDERED OFF THE SITE.

BY USING THE SERVICES PROVIDED BY THIRD PARTIES AS LISTED ON SPA HOP, YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE THERE MAY BE HEALTH AND PROPERTY RISKS ASSOCIATED WITH THE SERVICES YOU BOOK WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
TERMINATION OF SITE, SERVICES, OR OTHER. Spa Hop reserves the right to terminate this Site or specific Services or offers associated with the Site or subscription plans. We further reserve the right to terminate specific Spa Service Providers at any time. We shall make all such termination decisions in our sole discretion. You agree that the only remedy available to you for such changes or termination is the cancellation of your subscription.
AFFILIATED SITES. Spa Hop has no control over, and no liability for any third party websites or materials. Spa Hop works with a number of independent third parties whose websites may be linked with the Site. Because neither Spa Hop nor the Site has control over the content and performance of such sites, Spa Hop makes no guarantees about the accuracy, currency, content, or quality of the information provided on such sites, and Spa Hop assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, Spa Provider Listings) that are provided by third parties. You acknowledge and agree that Spa Hop makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
PROHIBITED CONDUCT. Spa Hop imposes certain conduct restriction on your use of the Site and Services we offer through it. You are prohibited from undertaking the following conduct:
1. Harass, threaten, stalk, or otherwise act aggressively towards a spa resort employee, representative, or other customers;
2. Impersonate another Spa Hop subscriber;
3. Access the account of another Spa Hop subscriber;
4. Share your subscriber password with a third party or allow that party to receive benefits available through your account.
5. Reserve or cancel Services directly with a spa resort without going through the Site;
  Any such conduct shall be grounds for subscription termination and, where appropriate, referral of the matter to law enforcement.
PROHIBITED USES. Spa Hop imposes certain technical restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
1. Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
3. Interfering or attempting to interfere with any Spa Hop user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
4. Using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Services;
5. Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
6. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the non-open source code used by Spa Hop in providing the Site;
7. Attempt to individually or bulk scrape the content on the Site; or
8. Attempt to mirror or frame any portion of the Site;
  Any violation of system or network security may subject you to civil and/or criminal liability.
BUGS AND IMPROVEMENTS. We appreciate any feedback you provide regarding the Site in relation to bugs or possible improvements. We shall have the right, but not obligation to use such feedback in our sole discretion to improve or repair the Site. You grant us a perpetual, irrevocable, non-exclusive license to incorporate and use your feedback for any purpose without receiving compensation for said license.
INDEMNITY. You agree to indemnify and hold harmless Spa Hop and its members, officers, employees, independent contractors, representatives, and agents from any legal claims, lawsuits, regulatory enforcement actions, and administrative law proceedings including the payment of any expenses, liabilities, damages, losses, and attorneys’ fees incurred in connection with your use of the Site, Service, or violation of these Terms of Use or violation of the rights of any other person or entity.
STATUTE OF LIMITATIONS FOR CLAIMS. You and Spa Hop agree that any cause of action or claim arising out of these Terms of Use, the Site, or Service or your experience at an independent spa provider shall commence within one (1) year after the cause of action accrues. Any action brought after the one (1) year period shall be barred by agreement of the parties herein.
ARBITRATION AGREEMENT. By agreeing to these Terms of Use, you agree to resolve any claim that you may have against Spa Hop on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against Spa Hop, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Spa Hop by someone else.
1. Agreement to Binding Arbitration Between You and Spa Hop. You and Spa Hop agree that any dispute, claim or controversy arising out of or relating to (i) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site, Services, or services provided by Spa Service Providers at any time will be settled by binding arbitration between you, Spa Hop, and relevant third parties, if any, and not in a court of law.
  You acknowledge and agree that you and Spa Hop are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Spa Hop otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Spa Hop each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of opening an account on this Site. To opt-out, send us a message indicating your desire to opt-out using the Contact page on the Site.
3. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
  The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
  Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in county or federal courts in San Diego, California, as appropriate for the particular claims asserted.
4. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). We hereby consent to receive such notifications via the Contact page on the Site. The Arbitrator shall be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
5. Location and Procedure. Unless you and Spa Hop otherwise agree, the arbitration will be conducted in San Diego County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Spa Hop submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim does not exceed $20,000, then the arbitration will be conducted on the basis of documents you and Spa Hop submit to the Arbitrator and each parties presence by phone or in person, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $20,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Should either party object to these tiers of participation, the Arbitrator may set forth alternative requirements pursuant to AAA Rules.
6. The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
7. Confidentiality. The parties agree that all aspects of the arbitration proceeding, and any ruling, decision, or award by the Arbitrator, will be strictly confidential for the benefit of all parties.
8. Fees. The parties agree to each pay one-half of the Arbitrator fee incurred in the arbitration. The parties shall each be responsible for their own attorney’s fees and all other costs in the legal dispute.
9. Changes. If Spa Hop changes this Arbitration Agreement after the date you first agreed to the Spa Hop Terms of Use (or to any subsequent changes), you may reject any such change by providing Spa Hop written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided to us using the Contact page on the Site. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and Spa Hop in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement (or to any subsequent changes to the Terms).
10. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
11. Should a court of competent jurisdiction or Arbitrator rule this arbitration clause invalid, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be either the county or federal courts in San Diego County, California, as appropriate for the claims asserted.
CALIFORNIA USERS. If you are a resident of the State of California and use our Site or Service, you should know that we charge you as indicated in these Terms of Use in conjunction with dollar amounts cited on the website. You may contact us with questions at Spa Hop LLC, 51 Horton Plaza #125077, San Diego, CA 92101 [Need Phone Number] You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 with any complaints about our Site or Service.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other Terms of Use will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Spa Hop or by any third party.
MODIFICATIONS. Spa Hop may (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Spa Hop shall post any revision to these Terms of Use to the Site, and provide thirty (30) days notice of such modifications. You may accept or reject the modifications by either continuing to use the Site or canceling your subscription. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
ENTIRE AGREEMENT. These Terms of Use and our Privacy Policy as well as all other legal documentation incorporated by reference into these Terms of Use shall constitute the sole and entire agreement between you and Spa Hop regarding the Site and Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Service.

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