Agreement between user and Flossage.com
Welcome to Flossage.com. The Flossage.com website (the “Site”) is comprised of various web pages operated by Flossage Spa (“FS”). Flossage.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Flossage.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Flossage.com is a website providing information about our services and activities.

Your use of Flossage.com is subject to FS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Flossage.com or sending emails to FS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FS is not responsible for third party access to your account that results from theft or misappropriation of your account. FS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

FS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Flossage.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Cancellations

48 hour advance notice is required when cancelling an appointment. This allows the opportunity for someone else to schedule an appointment. If you are unable to give us 48 hours advance notice you will be charged the full amount of your appointment. This amount will be billed to you and must be paid prior to your next scheduled appointment.

No-shows

Anyone who either forgets or consciously chooses to forgo their appointment for whatever reason will be considered a “no-show” and will be charged the full amount for their “missed” appointment. This amount will be billed to you and must be paid prior to your next scheduled appointment.

Late Arrivals

If you are not ready or not available for your massage upon arrival of the therapist, your session may be shortened in order to accommodate others whose appointments follow yours. Your therapist will determine if there is enough time remaining to start a treatment. Regardless of the length of the treatment actually given, you will be responsible for the “full” session. Out of respect and consideration to your therapist and other clients, please plan accordingly—be ready and on time.

Gift Certificates

Gift certificates are non-refundable and may only be used for the specific named services.  They may not be split between individuals for services, time or cost and are non-transferable.  They generally expire one year from the date of purchase and cannot be redeemed after expiration.  Gift certificates must be presented in order to be redeemed.  Lost or stolen gift certificates will not be replaced.  Photo copies of gift certificates will not be accepted.

Payment

Full payment is expected after each session.  All clients, whether they have completed their session or booked an appointment are bound by this policy without any prejudice or exemption.
Flo~ssage Spa, its’ owner, a third party collection vendor, or legal counsel acting on behalf of Flo~ssage Spa shall have full legal right to collect any unpaid balance for services rendered and any associated fees incurred due to non-payment of services.
Gratuity is not included in your session, however, it is highly appreciated.

Links to third party sites/Third party services

Flossage.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FS and FS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FS of the site or any association with its operators.

Certain services made available via Flossage.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Flossage.com domain, you hereby acknowledge and consent that FS may share such information and data with any third party with whom FS has a contractual relationship to provide the requested product, service or functionality on behalf of Flossage.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Flossage.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FS or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

FS has no obligation to monitor the Communication Services. However, FS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FS’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FS does not control or endorse the content, messages or information found in any Communication Service and, therefore, FS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FS spokespersons, and their views do not necessarily reflect those of FS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to Flossagespa.com or posted on any FS web page

FS does not claim ownership of the materials you provide to FlossageSpa.com (including feedback and suggestions) or post, upload, input or submit to any FS Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FS’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your FS account to third party accounts. By connecting your FS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by FS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FS Content accessed through FlossageSpa.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless FS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FS in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Flo~ssage Spa AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Flo~ssage Spa AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

Flo~ssage Spa AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Flo~ssage Spa AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Flo~ssage Spa OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

FS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FS as a result of this agreement or use of the Site. FS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Membership Agreement

The Membership is auto-renewable. Following the completion of the initial 3-month term, the Membership will continue to automatically renew for another 3-month period until it is canceled. The Membership may be cancelled during the initial term only in the event that: (a) the member permanently relocates his/her residence more than 25-mile radius away from any Flo~ssage Spa location along with proof of relocation (utility bill, new driver’s license or ID, etc.); or (b) a physician certifies that the member is unable to receive any flotation services provided by Flo~ssage Spa. After the initial term, cancellations will require a 30 days’ written notice and will be effective 30 days after the date of the final EFT payment has been processed. Payments due prior to the effective date will be charged as scheduled. If the contract is cancelled before the initial 3-month peod is complete, the Member agrees to pay the full retail value of any floats completed while under contract.

It is the Member’s responsibility to keep all account information current (contact info, medical history, credit card number, etc.) In the event a payment is declined, and at the management’s discretion, a service charge of $25 will be added to the account.

Flo~ssage Spa has a 48-hour cancellation policy. The Member may cancel or make changes to a service at no charge up until 48 hours preceding the appointment. Cancellations within 48 hours of the scheduled appointment, or appointments for which the Member does not show up, will incur a fee of 50% of the service sale price and automatically charged to the credit card on file. If the Member is running late to the scheduled appointment, the session may be shortened in order to keep other Members’ sessions running on time.

Membership services and benefits are non-transferable. Membership services and benefits are accrued once a monthly payment has been made and expire 30 days after.

In order to allow every Member access to the i-sopods, only one flotation session may be performed per day per Member.

A “session” is defined as the amount of time needed to complete the service, consultation, dressing & undressing, and showering.

While the Membership is in good standings, the Member will have access to the Membership rates of any other service provided by the establishment.

Flo~ssage Spa agree to sell and the Member agree to purchase the Membership and/or services described herein. The Member agree to pay Flo~ssage Spa for the Membership and/or services according to the payment schedule described above. The Member’s signature indicates an agreement to be bound by the terms, conditions, rules, and regulations of this Agreement. All of the terms and conditions in this Agreement, as well as those contained in the “Terms and Conditions” section on Flo~ssage Spa’s website, are a part of this Agreement.

Changes to Terms

FS reserves the right, in its sole discretion, to change the Terms under which FlossageSpa.com is offered. The most current version of the Terms will supersede all previous versions. FS encourages you to periodically review the Terms to stay informed of our updates. Any changes to these Terms of Useshall be effective immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Contact Us

We welcome your questions or comments regarding the Terms:

Flossage Spa

12614 Briar Forest Drive

Houston, TX 77079

Email Address: info@flossagespa.com

Effective as of September 3, 2014

Updated: February 2, 2018