OREGON HOTSPRING SPAS TERMS OF SERVICE

1. Introduction

Welcome to the Oregon HotSpring Spas website ("Website"). This Website is owned and operated by Oregon Hot Spring Spa, Inc. By using our Website, you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and exit immediately. We reserve the right to modify or amend the terms of our Terms of Service from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.

2. Copyright and Ownership

All of the content featured or displayed on the Website, including without limitation text, graphics, pictures, images, logos, digital downloads, moving images, sound, and illustrations ("Content"), is owned by Oregon Hot Spring Spa, Inc., its licensors and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may be used only for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content and all related rights shall remain the exclusive property of Oregon Hot Spring Spa, Inc. or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website.

None of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any commercial purposes or for the benefit of another merchant without the prior written permission of Oregon HotSpring Spa, Inc.

3. Corporate Identification & Trademarks

All trademarks, service marks and trade names of Oregon Hot Spring Spa, Inc. and its suppliers and licensors used herein (including without limitation: Oregon HotSpring Spas, OHSS, the OHSS corporate logo, and the associated designs and logos) (collectively "Marks") are trademarks or registered trademarks of Oregon Hot Spring Spa, Inc. or its affiliates, suppliers, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Oregon Hot Spring Spa, Inc.'s, prior written consent. You may not use the Marks on any other website or networked computer environment, or use the Marks as a "hot" link on or to any other website unless such a link is approved in advance by OHSS.

Hot Spring, Aria, Vista, Sovereign, Vanguard, Grandee, Jetsetter, Envoy, Prodigy, Tiger River, Bengal, Caspian, Sumatran, Siberian, Solana, Hot Spot, Mallorca, Sorrento, Endurol, JetStream, Moto-Massage, Soothing Seven, Quartet Precision, Comfort Control, IQ2020, No-fault, EverFresh, FreshWater, Precision Jets, Jet Cluster, Silent Flo, Wavemaster, Barrier-Free, FreshWater, BellaFontana, WellSpring, SmartJet, SpAudio, Everwood, SureWood, Splendors, Luminescence, Clarion, Amur are trademarks or registered trademarks of Watkins Manufacturing Corporation.

4. Account Security

You are entirely responsible for the security and confidentiality of your password and account, if any. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

5. Links to Third Parties

This Website contains hyper-links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Oregon Hot Spring Spas, Inc., of, or any affiliation with, or endorsement by, the owner of the linked website. Oregon Hot Spring Spa, Inc. is not responsible for the contents or use of any linked website, or any consequence of making the link.

6. Fees

For all charges for any products and services sold on the Website, if any, Oregon Hot Spring Spa, Inc. will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Oregon Hot Spring Spa, Inc. for all expenses incurred to recover sums due, including attorney fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

7. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

8. No Warranty

Your use of and browsing of this Website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. OREGON HOT SPRING SPA, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

9. Limitation on Liability

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF OREGON HOT SPRING SPA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OREGON HOT SPRING SPA, INC.'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 FIFTY DOLLARS ($50.00).

10. Indemnity

You agree to defend, indemnify and hold Oregon Hot Spring Spa, Inc. and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.

11. Privacy

Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy.

12. General

These Terms of Service shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by Oregon Hot Spring Spa, Inc. in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 7 (Access and Interference), 9 (Limitation on Liability), and 10 (Indemnity) shall survive any termination or expiration of this Agreement.

13. Entire Agreement

These terms and conditions are the entire agreement between the user and Oregon Hot Spring Spa, Inc. and supersede any prior understandings or agreements (written or oral).