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Terms of service

General Terms & Conditions of Using Our Web Site

Site Contents
Unless otherwise noted, the design of our websites (collectively “Site”), the Site as a whole and all materials that are part of the Site (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by The Company or its subsidiaries and affiliates. Any use of the Contents without The Company's express written consent is strictly prohibited.

Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted, or offered to us using our Websites or otherwise (collectively, "Comments") are not confidential and will become and remain our property. The disclosure, submission or offer of any Comments will constitute an assignment to us of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you because of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law and may result in severe civil and criminal penalties.

Disclaimer, Limitation of Liability, and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

Disputes
Our Customer Service Specialists are ready to assist you and address your concerns—email info@whispercreekspa.com or call 1.843.960.0100. If you have any questions or concerns regarding how The Company manages, accesses, or uses your personal information, please write us at 1196 Fording Island Road, Bluffton, SC 29910, email us at info@whispercreekspa.com. 

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from The Company through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. These Terms of Use do not apply to any claims or disputes relating to or arising from use of your The Company credit card; any such claims or disputes will be governed by the terms and conditions of your The Company credit card.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Southern Living Ventures, LLC, Attention:  Legal Counsel, 1196 Fording Island Road, Bluffton, SC 29910. You agree that the arbitration will be conducted by either the American Arbitration Association ("AAA"), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services ("JAMS"), jamsadr.com, 1.800.352.5267.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on our Websites) using or related to our Websites, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of South Carolina, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of South Carolina.

Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). The Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by The Company of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Company Site. Linked Sites are not under the control of The Company and The Company is not responsible for the contents of any Linked Site.

Google Maps Privacy and Terms of Service
Your use of mapping available on this Site is governed by the Google Maps Terms of Service and Google Privacy Policy. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time, at their sole discretion. For additional information, please see Google Maps Terms of Service and Google Privacy Policy.

Merchandise Availability
Merchandise availability on our Websites is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email.

Product Information
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by The Company. If in The Company's sole discretion you fail to comply with any term or provision of this agreement, The Company may deny you access to the Site. In the event of denial of access by The Company, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and The Company relating to the subject matter addressed herein.

Site Policies, Modification and Severability
Please review our other policies posted on this Site. These policies also govern your use of The Company services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Online Store Policies

 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 


ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 


ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Whisper Creek Spa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

Code of Conduct

When you book an appointment with us, you agree to abide by our guest code of conduct.  If you violate these policies, you may be asked to leave and may not be able to return.  You will not receive a refund of any deposit or fees for services paid if you violate this code of conduct.

Our staff and service providers are highly trained professionals here to provide you with an exemplary experience.   We expect you to treat them with respect, we expect you to respect other guests and to respect our premises (building, parking lot and property)

  • You may not smoke in the building, in the front of our building or near doors to our building.
  • You may not become intoxicated on our premises. If we believe you are intoxicated, we reserve the right to refuse service and eject you from the premises. 
  • You may not be verbally abusive to staff or other guests.
  • You may not use cell phones or talk in a loud voice in designated quiet areas.
  • You may not physically or verbally harass or create a hostile environment for our staff, service providers or other guests.
  • You may not sexually harass our service providers or request sexual favors from our service providers. You may not touch our service providers.
  • You may not bring any weapons or explosives onto our premises, including concealed firearms which you may lawfully possess.
  • You may not violate any federal, state, or local laws while on our premises.
  • You must present with clean hygiene, be fully clothed upon arrival and when in public areas, wear the provided robe when in spa areas, and not pose a health risk to our service providers or other guests.
  • You may not receive services while ill or sick. If we believe you are sick, we may ask you to reschedule your appointment.   
  • We reserve the right to refuse service for violation of our code of conduct.

 

This policy was last updated April 15, 2021.