Sunlighten Day Spa
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(913) 754-2023

7373 W 107th St, Overland Park, KS 66212

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TERMS & CONDITIONS

Last Revised: June 22, 2022

 

The website (“Site”) is owned and operated by Sunlighten, Inc. (collectively, “Sunlighten,” “we,” “our,” or “us”). The Site provides information about our
products, suggestions on the best way to use the products, and information on how to purchase our products (“Services”).

 

THIS TERMS OF USE (“TERMS”) CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THE TERMS OF THIS AGREEMENT WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH SUNLIGHTEN AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

 

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.

 

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

 

In addition to these Terms, your use of certain Services may be governed by additional agreements.

 

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information. We reserve the right to withdraw or amend this Site, and any Services or Materials (defined below) we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users.

 

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

 

Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of Sunlighten or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted and/or trademarked work of Sunlighten or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, and other content, as well as the arrangement thereof.

 

Subject to these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use, view, print, display and download the Materials for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

 

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

 

By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

 

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Permitted Uses

 

By accessing or using the Site, you agree that:

  • Your use of the Site is subject to and governed by these Terms;
  • You will only access or use the Site and transact business with us if you are at least 16 years old;
  • You will use the Site solely for its Services offered in the normal course of business;
  • You will always act in accordance with the law, custom, and in good faith;
  • You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site;
  • Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and
  • These Terms are a legally binding agreement between you and us that will be enforceable against you.

 

You further agree to not use the Site in any way that:

  • Changes or alters the Site or content or Services that may appear on the Site;
  • Impairs in any way the integrity or operation of the Site;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  • Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
  • Transmits any harmful or disabling computer codes or viruses;
  • Harvests email addresses from the Site;
  • Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
  • Interferes with our network services;
  • Attempts to gain unauthorized access to our network services;
  • Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
  • Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

 

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site (or the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

User Contributions

 

The Site may contain live chat features and/or other interactive features (collectively, “Interactive Services”) that allow users to submit or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

 

All User Contributions must comply with the Content Standards set out in these Terms.

 

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

 

You represent and warrant that:

 

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sunlighten, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

Monitoring and Enforcement; Termination

 

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any reason, including without limitation, any violation of these Terms.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS SUNLIGHTEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUNLIGHTEN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUNLIGHTEN OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Reliance on Information Posted

 

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Sunlighten. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Third-Party Links

 

This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Sunlighten, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

 

Online Purchases and Other Terms and Conditions

 

All purchases through our Site or other transactions for the sale of goods or services formed through the Site, or resulting from visits made by you, are governed by our Terms of Service which are hereby incorporated into these Terms.

 

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

 

Linking to the Site and Social Media Features

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

 

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Federal and State Laws

 

We operate internationally and transfer information to the United States for the purposes described in this policy. The United States may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States.

 

By using our Services, you explicitly consent to this risk and to the transfer, processing and storage of your information in the United States, irrespective of which country you live in. This includes when you request pricing, request the Infrared Sauna Buyer’s Guide, request a custom sauna quote, purchase a product, request instant sale pricing, request product support, join our partner program, and contact us through webform, live chat, telephone, or email. We also may transfer your Personal Data to the United States if necessary to perform a contract between you and us.

 

For any transfers of Personal Data from the European Economic Area, Switzerland or the United Kingdom that we make to other entities as described in this Privacy Policy, we use appropriate safeguards to ensure for the law processing and transfer of the Personal Data, including, when appropriate, the use of standard contractual clauses approved by the European Commission. To obtain a copy of the safeguards, contact us at privacy@sunlighten.com.

 

Minimum Age

 

We do not allow persons under the age of sixteen (16) to use the Site. By using the Site, you represent and warrant that you are sixteen (16) years of age or over.

 

Disclaimer of Warranties

 

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

 

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

 

Limitation of Liability

 

We cannot guarantee the Site will be available 100% of the time because public networks, such as the internet, occasionally experience disruptions. Although WE STRIVE to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and WE DISCLAIM any liability for damages resulting from such problems.

 

NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF SUNLIGHTEN AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (1) AS APPLICABLE, THE PRICE OF THE PRODUCTS PURCHASED BY YOU OR THE PRICE OF THE SERVICES PURCHASED IN THE 12 MONTHS PRIOR TO THE DATE OF THE INCIDENT OR (2) FIFTY DOLLARS ($50).

 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

 

You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: providing content to or communicating with us or our Affiliates, unauthorized use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms.

 

Copyright Complaints

  • We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:

Sunlighten, Inc.
Attn: Marketing Department
7373 W. 107th St., Overland Park, KS 66211

marketingteam@sunlighten.com