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Infinity Spas Limited Warranty Information


PRIVACY POLICY & TERMS OF USE


PRIVACY POLICY
Infinity Spas respects your personal privacy and is committed to adhering to federal and state privacy laws and industry guidelines in order to protect you and your identity. This privacy policy ("Privacy Policy") describes how we handle the personal information that you provide to us on this web site ("Web Site"). This Privacy Policy applies only to the Infinity Spas Web Site, not to any other ITW or third party sites that may be accessible from here.

Please be sure to read this Privacy Policy before using this Web Site or submitting information to us. Our Privacy Policy may change from time to time and your continued use of this Web Site is acceptance of such changes, so please check this area periodically for updates to this Privacy Policy.

INFORMATION INFINITY SPAS COLLECTS FROM YOU

Active Information Collection
Like many other web sites, we actively collect information from our visitors both by asking specific questions on this Web Site and by permitting you to communicate directly with us via e-mail. Some of the information that you submit may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, etc.).

Passive Information Collection
As you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection. Like most web site operators, we track IP addresses, use both session and persistent cookies, and assign Internet tags. Our system also automatically gathers information about the areas you visit on this Web Site and collects operational information about the technology you use, such as your browser, type of computer, operating systems, and Internet service providers.

We passively collect information to understand what areas of this Web Site are most popular, which areas may require improvement, and what technologies are being used by our visitors. This information helps us to update and improve this Web Site. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

HOW INFINITY SPAS USES YOUR INFORMATION

Infinity Spas uses your personal information to enhance the operation of this Web Site and allow you to use all of its features. Infinity Spas may contact you about new features or products in which it believes you may be interested. Infinity Spas may disclose your personal information to the reputable vendors that assist us in processing information or delivering the items that our customers order. These vendors are restricted from using the information for any purpose other than helping us to provide products and services. Infinity Spas may provide aggregate statistics about our customers, sales, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information. Infinity Spas also will disclose any information that it is required to disclose by law or by an appropriate government authority.

Although Infinity Spas does not currently rent, sell, or otherwise share your information with third parties for purposes unrelated to this Web Site.

CHOICES YOU HAVE ABOUT HOW INFINITY SPAS USES YOUR INFORMATION

We strive to provide you with as many choices and as much control as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Web Site may then be inaccessible or not function properly.

You should review this Privacy Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use this Web Site. Remember, by using any part of this Web Site, you accept and agree to our privacy practices. If we update this Privacy Policy, your continued use of this Web Site (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy.

HOW INFINITY SPAS PROTECTS YOUR INFORMATION

We work hard to protect your personal information. We use both technical and procedural methods to maintain the integrity and security of our databases by storing data received via the Web Site in an access-controlled database.

This Web Site contains links to other web sites operated by third parties that may be of interest to you. We cannot control these third party sites, which may collect personal information from you. When you follow a link and leave this Web Site, you do so at your own risk.

WHAT INFINITY SPAS DOES ABOUT CHILDREN VISITING THIS WEB SITE

This Web Site is not intended for children under the age of 13. We will not knowingly collect information from Web Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online.

HOW YOU CAN CONTACT INFINITY SPAS

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this Web Site, please contact us at CONTACT@KEYSBACKYARD.COM. You may also write us:
Infinity Spas
2910 W. Kingsley Rd.
Garland, Texas 75041
Phone: 800-408-9000


TERMS OF USE


PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEB SITE

All uses of the Infinity Spas web site are subject to the following terms and conditions of use (these "Terms of Use"). Your use of this Web Site will indicate your acceptance of these Terms of Use, as amended from time to time, as well as the Infinity Spas Privacy Policy, which is hereby incorporated into these Terms of Use. Please do not use this Web Site if you do not agree to be bound by these terms. Infinity Spas may periodically change the terms by posting the amended terms to this web site, so please check them from time to time as your continued use of the web site signifies your acceptance of any changed terms.

INFINITY SPAS MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.

TRADEMARK AND COPYRIGHT. Unless otherwise indicated, all materials on this web site are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by Infinity Spas or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term “Infinity Spas” is a trademark and the Infinity Spas logo and all related product and service names, designs and slogans are Infinity Spas trademarks. You may not use such marks without Infinity Spas prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICE SPECIFIC TO MATERIALS AVAILABLE ON THIS WEB SITE. Permission to use materials (such as brochures, press releases, owners manuals) from this web site is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this web site in any way. Except as expressly authorized by Infinity Spas in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. You agree to indemnify, defend and hold harmless Infinity Spas for any and all unauthorized uses you may make of any material on this site. You acknowledge the unauthorized use of the contents could cause irreparable harm to Infinity Spas and that in the event of unauthorized use, Infinity Spas shall be entitled to an injunction in addition to any other remedies available at law or in equity.

LINKS TO THIRD PARTY WEB SITES. Some links on this site will allow you to connect with sites that are not under our control. Infinity Spas is providing these links only as a convenience. The appearance of a link does not imply Infinity Spas endorsement, nor is Infinity Spas responsible for the contents of any linked web site products or services of any third-party web sites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk.

DEALINGS WITH THIRD PARTY MERCHANTS. If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site, you acknowledge and agree that Infinity Spas is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Infinity Spas will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on or through this Web Site.

LIABILITY OF INFINITY SPAS AND ITS LICENSORS
Infinity Spas does not assume any liability for the materials, information and opinions provided on, or available through, the Infinity Spas Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. Infinity Spas disclaims any liability for injury or damages resulting from the use of any Site Content.

PRIVACY; PROTECTION OF PERSONAL INFORMATION
Infinity Spas use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy and is incorporated by reference into these Terms of Use.

DISCLAIMER
This web site and Site Content are provided on an "as is", "as available" basis without warranties of any kind, express or implied including but not limited to those of merchantability, backyard for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. Infinity Spas makes no warranty or representation with respect to the quality, accuracy or availability of the Infinity Spas Web Site. Specifically, Infinity Spas does not warrant or represent that the Infinity Spas Web Site, the Site Content or the services provided on or through this web site will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the Infinity Spas Web Site or the server that makes it available are free of viruses or other harmful components; or that the Infinity Spas Web Site will otherwise meet your needs or expectations. DISCLAIMER OF LIABILITY. The user assumes all responsibility and risk for the use of this web site and the Internet generally. Under no circumstances including negligence shall Infinity Spas or anyone involved in creating or maintaining this web site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the web site, the Site Content, any services provided through this web site and/or any other web sites which are linked to this site. Nor shall Infinity Spas or anyone involved in creating or maintaining this web site be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the web site; or that results from mistakes, omissions, interruptions, deletion or files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorized access whether or not Infinity Spas has been advised of the possibility of any such damages.

FITNESS CENTER TESTIMONIAL PARTICIPANT REQUIREMENT
Participant must sign a Release to participate, the language of the Release is as follows: For good and valuable consideration herein acknowledged as received, upon the terms hereinafter stated, I hereby grant to Infinity Spas its legal representatives and assigns, those for whom Infinity Spas is acting, and those acting with its authority and permission, the absolute right and permission to copyright and use, re-use and publish, and republish photographic images of me or in which I may be included, and my personal backyard story, in whole or in part, or composite or distorted in character form, without restriction as to changes or alterations, from time to time, in conjunction with my own or a fictitious name, or reproductions made through the Infinity Spas web page or any media on Infinity Spas premises, or elsewhere for informational, promotional or publicity purposes. It is further acknowledged that the received consideration is payment in full for my likeness and/or story performed regardless of any continuous publishing of images used in any media form. Additionally, I agree to the following terms:

1. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, distortion or illusionary effect of use in composite form of my name, picture, or likeness or out of any other faulty reproduction of my name, picture or likeness in the finished materials produced hereunder.
2. I hereby release, discharge and agree to hold harmless Infinity Spas or its representatives or assigns, any and all persons acting under its permission or authority or those for whom Infinity Spas is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur in any publication thereof even though it may be subject to ridicule, scandal, reproach, scorn and indignity.
3. I represent that I am over 21 years of age (or if under 21 my parent or legal guardian will sign below to signify consent on my behalf to the terms and conditions of this agreement). I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not heretofore authorized (which authority is still in effect) nor will I authorize or permit the use during the term of my name picture, voice or likeness in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of Infinity Spas.

COMMENTS AND SUBMISSIONS
Infinity Spas welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by Infinity Spas or its advertisers or business partners or in response to solicitations on this Web Site, will become Infinity Spas property, and you agree that all intellectual property rights therein are transferred to Infinity Spas. You understand that any postings to publicly available portions of the Infinity Spas Web Site are non-confidential for all purposes.

COMPLIANCE
The owner of this Web Site is based in the State of Texas, USA. Infinity Spas makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Infinity Spas failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Infinity Spas nor any trade practices shall be deemed to modify these Terms of Use.

THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE



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