Terms and Conditions

Last updated April 4, 2024

Rockridge Day Spa nInc. d/b/a Rockridge Day Spa (“us” or “we”) have adopted these Terms of Use (“Terms”) to govern the customer’s (“customer” “you” or “your”) use of our website, www.rockridgedayspa.com, and any related websites owned by us (collectively, the “Sites”).  Please read the Terms carefully before using the Sites. By using the Sites, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you should not use the Sites.

 Agreement

These Terms are an agreement between you and us that specifies the terms and conditions for your access to and use of the Sites, and your purchase of products from the Sites.  We may modify these Terms at any time by posting a modified Terms of Use on the Sites. Any modifications shall be effective immediately, and your continued use of the Sites after any modifications constitute acceptance of such modifications.  You can view the most recent version of these Terms at any time on the Sites.

Other Terms and Policies 

When using our Sites, you are subject to any posted policies, guidelines or rules applicable to use of the Sites and any services provided by the Sites including, but not limited to, our Privacy Policy.  The Other Terms and Policies, and any other terms and conditions meant by their nature to be incorporated into these Terms are hereby incorporated.  We reserve the right, and you authorize us, to use and disclose information regarding your use of the Sites and all information provided by you in any manner consistent with our Privacy Policy and in accordance with all applicable laws and regulations including, but not limited to, the California Consumer Privacy Act of 2018, as may be amended from time to time, and subject to any rules and regulations promulgated by the Attorney General of California from time to time, if applicable.  We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes to Products, Services and Prices

We reserve the right to make changes to the products, services, and prices listed on the Sites, and to other content of the Sites, at any time without providing you with prior written notice of such changes.  We also reserve the right to correct any typographical errors, inaccuracies or inconsistencies found on the Sites, at any time without providing you with prior written notice of such changes.

Taxes and Duties

Prices on the Sites do not reflect any or all of the international duties, taxes or other customs charges that the product may be subject to upon arrival at its final destination. 

User Conduct

You agree that you will not use the Sites for any illegal or unauthorized purposes, and that you will not: 

  • attempt to gain unauthorized access to the Sites or the network and servers associated with the Sites;

  • use the Sites for any commercial purpose whatsoever other than for your personal use;

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

  • upload, post, email or transmit, or otherwise make available through the Sites any inappropriate, defamatory, infringing, obscene, or unlawful content;

  • upload, post, email or transmit, or otherwise make available through the Sites any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;

  • upload, post, email or transmit, or otherwise make available through the Sites any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;

  • submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of our affiliates or any third parties;

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Sites;

  • circumvent, or attempt to circumvent, security or access control technology used by the Sites or the network and servers associated with the Sites;

  • collect or otherwise use contact information available on the Sites for purposes of sending improper, unsolicited communications and that you will not use any of our communications facilities to deliver, or attempt to deliver, improper, unsolicited communications;

  • use the Sites in any manner that would degrade the functioning or performance of the Sites, including launching Denial-of-Service (DoS) attacks against the Sites;

  • use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party's use and enjoyment of the Sites;

  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

  • run Mail list, Listserv, or any form of auto-responder or "spam" on the Sites;

  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;

  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Sites’ pages, or otherwise affect the display of the Sites’ pages;

  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

  • use any robot, spider, webSites search/retrieval application, or other device to retrieve or index any portion of the Sites or collect information about its users for any unauthorized purpose; or

  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

Your use of the Sites are at our discretion and we may terminate your use of the Sites at any time.

 Risk of Loss

 Upon our delivery of the products to the shipping carrier, risk of loss and title for products you purchased transfer to you.

 Sites Audience

 The Sites are not intended for any children under the age of 18, and anyone under the age of 18 is prohibited from using the Sites.  By using the Sites, you represent and warrant that you are at least 18 years old.

 Unauthorized Access

 You may require a password and account identification to allow you to access and use certain portions of the Sites. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of the Sites. You are solely responsible for all access to and use of the Sites by anyone using your password or identification, whether or not such access to and use of the Sites is actually authorized by you. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Sites’ security.

 Reviews and Comments

 Except as otherwise provided herein or on the Sites, anything you submit or post to the Sites or provide us, including without limitation, ideas, know-how, techniques, reviews, comments, questions and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary. You acknowledge and agree that we have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 Additionally, when you make Submissions, you grant us the right to use the name that you submit with any Submission in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Submissions that you post on the Sites and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but are not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 Links to Third Party Websites

 As a courtesy to you, the Sites may contain links to websites not maintained by us. We are not responsible for the contents of any such linked websites or for the policies of any such linked websites concerning their collection, security and use of any confidential information gathered from their users. We have no control over any such linked website, and the inclusion of any such link does not imply any recommendation, approval or endorsement by us of any third-party website.

 DISCLAIMER OF WARRANTIES; LIMITED LIABILITY

 ANY INFORMATION PROVIDED ON THE SITES IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE SITES WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES.  ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR PRODUCTS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES, OR EITHER OF THEM.  IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE SITES FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITES SHALL BE TO DISCONTINUE USING THE SITES.

 Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, shareholders and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you. You agree that the Indemnified Parties will have no liability with respect to any such breach or unauthorized use by you, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and costs in connection therewith.  You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of, relating to, or in connection with your use of any information, content or service accessed through the Sites.

Compliance with Laws

You agree to comply with all applicable laws and regulations with respect to your use of the Sites. You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge.  You agree to abide by all Federal, State and local laws and regulations. If you are outside the United States you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.

Copyright Violations

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Owner Elizabeth Polacco:

(a) A description of the copyrighted work you claim has been infringed;

(b) The material you claim is infringing and the URL of the link shown on the Sites or the exact location where such material may be found;

(c) Your company affiliation (if applicable), mailing address, telephone number and email address;

(d) The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use). I hereby state that the information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest and such person’s full legal name;

Our Designated Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Attn: Elizabeth Polacco 

By Mail: 5413 college ave

Oakland CA, 94618

By Phone: (510)601-0366

By E-mail: info@rockridgedayspa.com

 Governing Law

These Terms and your use of the Sites shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions. 

Disputes

Any dispute relating in any way to your visit to the Sites or to any products you purchase through the Sites must be submitted to confidential, binding arbitration in Los Angeles, California. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise.

Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Alameda County, California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES, ANY SERVICE PROVIDED BY THE SITES, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Remedies

You acknowledge and agree that damages for any actual or threatened breach of these Terms would be inadequate, and that were are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover. We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees. None of our rights or remedies shall be exclusive of any other, whether at law or in equity.

 Miscellaneous Provisions

These Terms and the Other Terms and Policies constitute the entire agreement between you and us with respect to your access to and use of the Sites and supersede all prior and contemporaneous agreements between you and us, if any, regarding your access to and use of the Sites.  If any of the provisions of these Terms or the Other Terms and Policies are found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.  Our failure to exercise or enforce any right or provision of these Terms or any of the Other Terms and Policies shall not constitute a waiver of such right or provision.  

Nothing contained in these Terms or the Other Terms and Policies or your use of the Sites shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or any goods or services provided therein with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Sites or any goods or services.

Contact Information

If you have any questions regarding these Terms or any of the Other Terms and Policies, please contact us at:

Rockridge Day Spa

5413 college ave 

Oakland CA 94618

(510)601-0366

info@rockridgedayspa.com