This User Agreement set forth below is for all users accessing and utilizing Spaclick™.com and The Spa Click IMS™ software solutions and web domains.

This USER AGREEMENT (this "Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the reservation services (the "Services") being offered at the URL: http://www.spaclick.com and all affiliated websites owned and operated by Spa Marketing Group, LLC (collectively, the "Site"). As used in this Agreement, "SpaClick™" or "we" refers to Spa Marketing Group, LLC and SpaClick™.com and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, Spa Click IMS’s PRIVACY POLICY AND TEMS AND CONDITIONS OF USE IN EFFECT AT THE TIME OF USE.

1. THE SERVICES

SpaClick™.com provides the Services to USER for the purpose of assisting USER in locating participating service providers (each a "Service Provider"). While SpaClick™.com may be commonly referred to as a booking agent, we are, in fact, not an agent at all. Rather, we provide a venue for Service Providers to post availability of services and for USER to find availabilities for such services. Upon a USER's registration, the USER may choose his/her own password to access the Services through the Site. Thereafter, the Service enables USER to search for available services and Service Providers in an effort to assist USER in finding an availability advertised by a Service Provider. In addition the advertiser and Spa or Salon member will have the ability to post and manage their inventory on Spaclick.com via a username and password protected area managed and created by the Spa, Salon or participating company. The participating company advertising appointments is responsible for all inventory and information published on SpaClick™.com in reference to their facility and location. Spa Marketing Group, LLC, Spaclick™.com & Spa Click IMS™ will not be held liable for any inaccurate or false information published by the listing company. All discrepancies regarding the inventory sold and advertised on Spaclick™.com and information loaded in the spaclick™.com spa database will be between the “User”(Consumer) and the “Spa” (Service Provider) of the listed appointment. The availability of reservations is determined at the time of USER's query and Spa Marketing Group, LLC makes no promises relating to the reservations availability. Some Service Providers may require credit card details before accepting your reservation. Your credit card information will be sent directly to the Service Provider and/or processed from the SpaClick™.com merchant service.

SpaClick™.com has taken certain steps to examine the credentials of our listed Service Providers, Spa Marketing Group, LLC and SpaClick™.com makes no guarantee regarding the skills of the Service Providers nor the quality of services provided. SpaClick™.com does not guarantee the quality of the services of any particular Service Provider on our Site. It is entirely up to the USER to determine whether a Service Provider is suited for a particular task. USER may then enter into a direct agreement with a Service Provider. The Service Providers are NOT EMPLOYEES OR AGENTS of Spa Marketing Group, LLC, Spaclick™.com & Spa Click IMS™. We make no guarantee that the Service Provider will accept your booking request (though we will address the situation on a case by case basis if the Advertiser, Spa, Salon or listing company on the appointment fails to provide services paid for in direct reference to the appointment booked by the END USER). Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly first.

2. NO-SHOW POLICY

USERS are asked to cancel any reservations according to the policies specified by each Service Provider. In order for us to consider a cancellation official, notice of such cancellation must be sent to us through the Site. If you are unable to keep your reservation and you fail to provide us with notice of cancellation, Spaclick™.com & Spa Click IMS™ will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Service Provider reports your reservation was not honored, whether or not that was in fact the case. Your account with us may be terminated if you fail to honor appointments and any and all applicable charges incurred for an appointment booked will be non-refundable if you failed to cancel your appointment prior to the cancel/refund deadline. PLEASE NOTE: Even if your appointment is cancelled prior to the cancel deadline set by the Spa, Salon/Listing agent Spaclick™.com and Spa Click IMS™ will not refund the transaction fee you incurred when making your appointment thru spaclick™.com and/or any Spa Click IMS™ related booking portals.

3. USER INFORMATION

You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Spa Click™.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpaClick™.com has the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of the Services or transactions conducted on the Site by persons to whom you allow access to your account.

4. USE OF THE SERVICES

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in this Agreement. You agree to use the Services only to seek availabilities with Service Providers and to honor those reservations by arriving at Service Provider's place of business on time and paying for the services provided by the Service Provider. You agree that all of the content and information posted on the Site, including but not limited to Service Provider profiles, screening information, ratings, and reviews (including any ratings and reviews provided by you), is the sole and exclusive property of Spa Marketing Group, LLC, Spa Click IMS™ & Spaclick™.com. Ratings and reviews do not necessarily reflect the opinion of Spa Click IMS™, Spa Click™.com or Spa Marketing Group, LLC. We reserve the right to revoke your access to the Site and services at any time and for any reason by our sole discretion. All information about the Service Providers is confidential and for your personal use only. If it is determined or suspected by Spa Marketing Group, LLC in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, SpaClick™.com & Spa Marketing Group, LLC reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SPA MARKETING GROUP, LLC AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SPA MARKETING GROUP, LLC AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.

5. EMAIL POLICY

By using the Services, USER agrees to receive reservation confirmations by email and/or SMS text after booking a reservation through the Site. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, no-show confirmation emails, reservation cancellation confirmation emails, availability of use and expiration dates and other emails relating to reservations booked by you through the Site, even if you have opted not to receive other periodic email from us. By providing information to us, or by submitting a service request, you agree to being contacted by us and/or by Service Providers for any purposes related to the Services, the Site or a service request. Spa Marketing Group, LLC and SpaClick.com are not responsible for any fees incurred for receipt or use of our SMS/MMS Text and Email reminder system.

6. LIABILITY LIMITATIONS

IN NO EVENT, INCLUDING BUT NOT LIMTED TO NEGLIGENCE, SHALL SPA MARKETING GROUP, LLC BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE SITE.

7. DISCLAIMER OF WARRANTY

THE INFORMATION, PROGRAMS, PRODUCTS, SERVICES, SERVICE PROVIDERS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SPA MARKETING GROUP, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE SITE, AND RELATED MATERIALS PROVIDED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

8. RELEASE

YOU HEREBY AGREE TO RELEASE SPA CLICK IMS, SPA MARKETING GROUP, LLC, SPACLICK.COM (AND OUR MEMBERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES AND ANY OF THE SERVICE PROVIDERS.

9. THIRD PARTY SITES

The Site may contain links, clickable icon links, banner ads and any number of other Internet links to Websites operated by parties other than Spa Marketing Group, LLC. Such links are provided for USER's reference only, and Spa Marketing Group, LLC does not control such Websites and is not responsible for their content. Spa Marketing Group, LLC’s inclusion of any links to such Web sites does not imply any endorsement of the material on such Websites or any association with their operators.

10. INDEMNITY

YOU AGREE TO INDEMNIFY SPA MARKETING GROUP, LLC, AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES OR IN CONNECTION WITH THE SITE OR YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

11. INFORMATION ON THE SITE

We do not control the information provided by Users or Service Providers. You may find other User's and Service Providers information to be inaccurate, harmful or offensive. By using the Services you assume all of the risks associated with the use of the Site and the Service Providers and you agree to accept such risks and agree that Spa Marketing Group, LLC is not responsible for the acts or omissions of USERS and Service Providers. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.

12. NO AGENCY

By using the Site, you acknowledge and agree that the relationship between you and Spa Click IMS™, Spa Marketing Group, LLC & Spaclick™.com is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee; and no such relationship is intended or created hereby.

13. SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

14. NO ASSIGNMENT

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by us.

15. WAIVER

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

16. JURISDICTION

This Agreement is made under and shall be governed by and construed in accordance with the laws of The State of Arizona, without regard to any choice of law provisions.

17. ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement or the Services or the Site, excluding legal action taken by us to recover damages for, or obtain an injunction relating to the Site, our intellectual property, and the Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Scottsdale, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

18. AMENDMENTS TO THIS AGREEMENT

Spa Marketing Group, LLC may change or amend this Agreement's terms and conditions at any time. Changes or amendments will be posted at the bottom of this page for public view and be considered effective 30 days from the date such changes take place. Continued use of the Services and/or the Site after a change in this Agreement, a change in the Privacy Policy, or after implementation of any other new policy constitutes acceptance of such change or policy. If you have any questions regarding this Agreement or Spa Click IMS’s, Spa Marketing Group, LLC/Spaclick™.com terms and conditions of use, you may contact us by emailing customerservice@spaclick.com or by contacting us via telephone at PLEASE PROVIDE 1800 #