Welcome to the Casal’s dé Spa & Salon web site (“Web Site”).  Casal’s Hair Salon, Inc., trading and doing business as Casal’s dé Spa & Salon – Canfield and Encore!, Casal’s Howland, LLC, trading and doing business as Casal’s dé Spa & Salon – Howland and Casal’s at Clarendon, LLC (collectively, “Casal’s”), provide you this Web Site and the features thereon subject to the following Conditions of Use (“Conditions”).  Please read these Conditions carefully.

Effective Date

These Conditions were last updated on April 4, 2012.

Agreement and Acceptance of Conditions

By accessing, visiting, browsing, shopping on or otherwise using this Web Site, you agree to be bound by and accept the Conditions, Privacy Policy (posted separately), and all disclaimers and terms and conditions that appear elsewhere on this Web Site.  If you do not agree to the Conditions, Privacy Policy and all other disclaimers, terms and conditions that appear in this Web Site, then you should not use and/or immediately discontinue your use of this Web Site.

In addition, when you use any current or future Casal’s service or business (e.g., Gift Certificates, Coupons, Contest Entry or Blog), you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business.  If these Conditions are inconsistent with such Terms, then the Terms will control with respect to your use of that service or business.

Privacy

Your use of this Web Site is subject to the Privacy Policy which is posted separately and referred to and incorporated herein by reference.  Please review the Privacy Policy to understand our practices.

Consent to Electronic Communications

When you use this Web Site, send e-mail messages to us, complete the “Contact Us” form or post messages on the Web Site’s Blog, you are communicating electronically with Casal’s.  You consent to receive communications electronically from Casal’s.  Casal’s will communicate with you by e-mail message or by posting notices on this Web Site.  You agree that all agreements, notices, disclosures and other communications that Casal’s provides to you electronically satisfy any legal requirement that such communications be in writing.

Copyright and Other Proprietary Rights

Copyright © 2009-2012 by Casal’s Hair Salon, Inc., Casal’s Howland, LLC and Casal’s at Clarendon, LLC.  All rights reserved.

All content included on, comprising and/or compiled on this Web Site including without limitation typefaces, text, logos, button icons, graphics, images, photographs, videos, audio clips, digital downloads, information, data, software and other material (collectively, “Content”) is the property of Casal’s or its content or software suppliers and is protected by the copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.  All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Casal’s owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, compilation and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The logos and other trademarks on this Web Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Casal’s and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Trademarks

Casal’s Hair Salon, Casal’s dé Spa & Salon, Casal’s dé Spa & Salon – Canfield, Casal’s dé Spa & Salon – Howland, Encore!, Casal’s at Clarendon, “life lived well,” and the Web Site’s other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks and/or trade dress of Casal’s in the United States and/or other countries.  The trademarks and trade dress of Casal’s may not be used in connection with any product or service that is not Casal’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Casal’s.  All other trademarks not owned by Casal’s that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Casal’s.

License and Site Access

Casal’s grants you a limited license to access and make non-commercial, personal use of this Web Site and its Content, provided that you retain all copyright, trademark and other proprietary notices contained in this Web Site and/or its Content, do not modify or alter this Web Site and/or its Content, and do not copy or post this Web Site and/or its Content on any network computer or broadcast the material in any media.  This license does not include any resale or commercial use of this Web Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web Site or its Contents; any downloading or copying of account information for the benefit of another merchant; any use of data mining, robots, or similar data gathering and extraction tools.  Further, neither this Web Site or its Contents nor any portion of this Web Site or its Contents may be downloaded (other than page caching), reproduced, duplicated, copied, modified, transmitted, distributed, sold, resold, used, reused, posted, reposted, visited, or otherwise exploited for any public or commercial purpose without the express written permission from an authorized representative of Casal’s.  Additionally, without the express written permission from an authorized representative of Casal’s, you may not either frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Casal’s, or use any meta tags or any other “hidden text” utilizing Casal’s name or trademarks.  It is strictly prohibited to download the images or photographs of the products for sale within this Web Site.

This Web Site may be used only for lawful purposes.  Activities including without limitation tampering with this Web Site, misrepresenting the identity of a user, using buying agents or conducting fraudulently activities on this Web Site are prohibited.

Any unauthorized use terminates the permission or license granted by Casal’s.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Web Site so long as the link does not portray Casal’s, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Casal’s logo or other proprietary graphic or trademark as part of the link without the express written permission from an authorized representative of Casal’s.

Security

Users of this Web Site are prohibited from violating or attempting to violate the security of this Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using this Web Site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of this Web Site (impersonating this Web Site) or to this Web Site (impersonating as a legitimate user).  Sending unsolicited and unauthorized e-mail on behalf of Casal’s, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site.  You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents provided by Casal’s or generally publicly available browsers.

Posted Content

Certain features on this Web Site currently or in the future may allow you to post reviews, comments, photographs, and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”).  You may supply Posted Content to this Web Site so long as the Posted Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Posted Content.  Casal’s reserves the right (but not the obligation) to remove or edit any Posted Content, but does not regularly review Posted Content.

If you do supply Posted Content, and unless we indicate otherwise, you grant Casal’s a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display and distribute such Posted Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law.  Also, you grant Casal’s and its sublicensees the right to use the name that you submit in connection with the Posted Content, if they choose.  By supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted Content is accurate; (iv) use of the Posted Content does not violate any of this Web Site’s Conditions and will not cause injury to any person or entity; and (v) you will indemnify Casal’s for all claims resulting from the Posted Content you supply.

Casal’s has the right but not the obligation to monitor and edit or remove any activity or content. Casal’s takes no responsibility and assumes no liability for any content posted by you or any third party.

Descriptions

Casal’s attempts to be as accurate as possible.  However, Casal’s does not warrant that the descriptions of products and services or other Content of this Web Site are accurate, complete, reliable, current, or error-free.  Nor does Casal’s guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Links to Third-Party Web Sites

This Web Site contains links to other sites operated by third-parties (“Third-Party Sites”).  These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

Casal’s is not responsible for examining or evaluating any Third-Party Site or its content.  Nor does Casal’s warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content or any products, services or other offerings made in any Third-Party Site.  A link to a Third-Party Site on this Web Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site or its content.  Casal’s makes no representation or warranty as to any products or services offered on any Third-Party Site, and Casal’s assumes no responsibility or liability for the actions, products, services and/or content of any Third-Party Site.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions and Privacy Policy that apply to your use of this Web Site.  Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Pricing

The prices, availability of products and services and offers stated in this Web Site are subject to change without notice.  Errors will be corrected where discovered, and Casal’s reserves the right to revoke any stated price, availability and/or offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Casal’s will issue a credit to your credit card account in the amount of the charge.  Individual bank policies will dictate when this amount is credited to your account.

Please note that this policy applies only to products and services sold by Casal’s.  Your purchases from Third-Party Sites are subject to and govern by those sites’ policies and practices.

Payment and Order Process

Currently, Casal’s accepts Visa®, MasterCard®, American Express® and Discover® Card.  Credit or debit cards are charged at the time that you place your order through this Web Site.

After you place an order, Casal’s will check the information that you provide for validity, by verifying your method of payment and/or shipping address.  Casal’s reserves the right to reject any order you place and/or to limit quantities or amounts on any order, without giving any reason.  If Casal’s rejects your order, we will attempt to notify you using the e-mail address you have given us with the order.  Your credit or debit card will normally not be charged if Casal’s rejects your order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order confirmation does not signify Casal’s acceptance of your order; nor does it constitute confirmation by Casal’s of its offer to sell.  Casal’s reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Shipment and Risk of Loss

Casal’s ships only within the continental United States.  Most orders are shipped through the United States Postal Service.  If you request overnight delivery, there will an extra charge as defined by the carrier we choose.  We will use the USPS or Federal Express, at our discretion, to ship overnight deliveries.  The cost for overnight delivery will be charge to you at the time your order is placed.

A business day is defined by Monday through Friday.  Orders placed before noon (Eastern Standard Time) Monday through Friday will be shipped the same day.  Orders placed after noon (Eastern Standard Time) Monday through Friday will be shipped the following business day.  Orders placed on Saturday or Sunday will be shipped out the following Monday or business day in the event of a holiday.

The risk of loss and title for all items purchased through this Web Site pass to you upon Casal’s delivery to the carrier.

Minor Users

Casal’s does provide services and sell products for children.  However, Casal’s offers such services and products to adults, who can purchase with a credit card or other permitted payment method.  If you are under the age of eighteen (18) years old, you may use this Web Site only with involvement of a parent or guardian.  Casal’s reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Termination

Casal’s may, in its sole discretion, terminate your use of this Web Site at any time.  You are personally liable for any orders that you place or charges that you incur prior to termination.  Casal’s reserves the right to change, suspend or discontinue all or any aspects of this Web Site, its Content and/or the products, services and other offers set forth in this Web Site at any time without prior notice.

Disclaimers of Warranties and Limitations of Liability

This Web Site and its Content are provided on an “AS IS” and “AS AVAILABLE” basis, and this Web Site, its Content, its software, the servers and/or networks on which the Web Site resides, any electronic communications sent by Casal’s to you and/or any other electronic files available at this Web Site may contain bugs, worms, viruses, errors, problems, harmful components or other limitations.  Neither Casal’s nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) make any representation or warranty as to either the accuracy, integrity, completeness, currency or suitability of the Web Site or its Content or the operation of this Web Site, including without limitation that your use of this Web Site will be uninterrupted or error-free.  Further, Casal’s and its Associates do not represent or warrant that this Web Site, its Content, its software, the servers and/or networks on which the Web Site resides, any electronic communications sent by Casal’s to you and/or any other electronic files downloaded or available through this Web Site are or will be free of bugs, worms, viruses, errors, problems, harmful components or other limitations.  Moreover, Casal’s and its Associates make no representation or warranty that the Content on this Web Site is applicable to, or appropriate for use in, locations outside of the United States.  All responsibility and/or liability for any damages caused by your use of this Web Site, including without limitation by bugs, worms, viruses, errors, problems, harmful components or other limitations, are disclaimed.  You understand and agree that your use of this Web Site and any material downloaded, obtained or otherwise accessed through the use of this Web Site is done at your own discretion and your own risk, and that you are solely responsible for any and all damage to your computer system or loss of data that may result from using this Web Site and/or downloading of any such material.  You further agree that if you are dissatisfied in any manner with this Web Site or your use of this Web Site, then your sole and exclusive remedy is to discontinue your use of this Web Site.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CASAL’S AND ITS ASSOCIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CASAL’S OR ITS ASSOCIATES SHALL CREATE A WARRANTY.

UNDER NO CIRCUMSTANCES SHALL CASAL’S OR ITS ASSOCIATES BE LIABLE FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; AND (ii) ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION BODILY INJURY TO PERSON (INCLUDING DEATH), DAMAGE TO PROPERTY, AND COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS, PROFITS, REVENUE OR SAVINGS), RESULTING FROM, ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, THE USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY WEB SITES MAINTAINED BY THIRD PARTIES AND LINKED TO THIS WEB SITE AND/OR ANY RELIANCE BY YOU ON ANY CONTENT OBTAINED FROM THIS WEB SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.  THIS PROVISION APPLIES TO ALL CLAIMS WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CASAL’S OR ITS ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

The disclaimer of warranties and limitation of damages set forth in these Conditions are fundamental elements of the basis of the bargain between Casal’s and you.  By using this Web Site, you acknowledge and agree that Casal’s has an interest in limiting the liability of itself and its Associates.  You further agree that you will not bring any claim against Casal’s and/or its Associates with respect to any damages or losses you suffer in connection with this Web Site and that the limitations of warranties, liability and damages set forth in these Conditions will protect both Casal’s and its Associates and any and all of their successors and assigns.

By using this Web Site, you acknowledge and agree that the exclusions and limitations of warranties, liability and damages set forth in these Conditions are reasonable.  If you do not think they are reasonable, you must not use and/or immediately discontinue your use of this Web Site.

Available Remedies

Casal’s reserves the right to seek all remedies available at law and in equity for violations of these Conditions, including but not limited to the right to block access from a particular Internet address to this Web Site and/or any of its features.

Fraud Protection and Compliance

Casal’s reserves the right to investigate complaints or reported violations of these Conditions  and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.  We may disclose any information, including personally identifiable information, which we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.  Also, we may exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.

Applicable Law

This Web Site is created, operated and controlled by Casal’s in the State of Ohio, United States of America.  By using this Web Site, you agree that the laws of Ohio shall govern the validity, performance, and enforcement of these Conditions and any dispute of any sort that might arise between you and Casal’s, without giving effect to any conflict of laws, principles or any other rule or regulation that would result in the application of the law of any other state or country.

Jurisdiction and Venue of Disputes

Any dispute relating in any way to your visit to this Web Site or to products or services sold or distributed by Casal’s or through this Web Site shall be adjudicated exclusively in any state or federal court in Mahoning County, Ohio, and you consent to exclusive jurisdiction and venue of such courts.

Non-Assignment

These Conditions are not assignable or transferable and may not be sublicensed by you without Casal’s prior written consent.  Casal’s may assign this Agreement in whole or in part.  No agency, partnership, joint venture, or employment relationship is created as a result of these Conditions.

Site Policies, Modification and Severability

Please review our other policies, such as our Privacy Policy, posted on this Web Site.  These policies also govern your visit to this Web Site.

We reserve the right to make changes to this Web Site, these Conditions, the Privacy Policy, and other site policies at any time.  Each time you use this Web Site, you should visit and review the then current Conditions, Privacy Policy and other site policies that apply to your use of this Web Site and any transactions made while on this Web Site.

If any term, clause or provision of these Conditions shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Conditions or modified to make it no longer void, invalid or unenforceable.  Further, such void, invalid or unenforceable term, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Conditions, and these Conditions shall remain in full force and effect in all other respects.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Casal’s copyright agent the written information specified below.  Please note that this procedure is exclusively for notifying Casal’s that your copyrighted material has been infringed.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent of Casal’s to receive notifications of claimed infringement can be reached as follows:

Mail:

Jeannie Carder Shimek

General Manager of Operations

Casal’s de Spa & Salon

4030 Boardman-Canfield Road

Canfield, OH 44406

E-mail: [email protected]

Fax:  (330) 533-6677

Telephone:  (330) 533-6766, ext. 109

For additional information regarding this procedure, please reference the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512.   Casal’s provides the above contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.

Owner and Operator

Casal’s is the owner and operator of this Web Site.  References to “Casal’s” herein refer to Casal’s Hair Salon, Inc., trading and doing business as Casal’s dé Spa & Salon – Canfield and Encore!, Casal’s Howland, LLC, trading and doing business as Casal’s dé Spa & Salon – Howland, and Casal’s at Clarendon, LLC, and/or their respective affiliates, subsidiaries and designees as deemed appropriate by Casal’s.

The on-line address for this Web Site is http://www.casalsspa.com.  The mailing address for Casal’s is 4030 Boardman-Canfield Road, Canfield, OH 44406, and its telephone number is (330) 533-6766.

Entire Agreement

These Conditions constitute the entire agreement between Casal’s and you and govern your use of this Web Site, and you agree and acknowledge that any other agreements between you and Casal’s with respect to your use of this Web Site are superceded and of no force or effect.