Agreement and General Terms of Use

This is the Agreement and General Terms of Use Policy Statement for the web site of Blue Sky Salon & Day Spa. Updated Saturday, February 10, 2007.

NOTICE. The Blue Sky Salon & Day Spa Web site (the "Web Site") is made up of various Web pages operated by Blue Sky Salon & Day Spa Inc. The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the "Terms and Conditions"). Your use of the Web Site constitutes your agreement to all such Terms and Conditions.

MODIFICATION OF THESE TERMS OF USE. Blue Sky Salon & Day Spa Inc. reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Web Site constitutes your agreement to all such Terms and Conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.

LINKS TO THIRD PARTY SITES. The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Blue Sky Salon & Day Spa Inc. and Blue Sky Salon & Day Spa Inc. 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. Blue Sky Salon & Day Spa Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Blue Sky Salon & Day Spa Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Sky Salon & Day Spa Inc. of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Web Site, you warrant to Blue Sky Salon & Day Spa Inc. that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web 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 Web Site. You may not obtain or attempt to obtain any materials or information, through any means not intentionally made available through the Web Site, including without limitation, through the use of any Web scraper, spider or robot.

USE OF COMMUNICATION SERVICES. The Web 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 or 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 that 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. Blue Sky Salon & Day Spa Inc. has no obligation to monitor the Communication Services. However, Blue Sky Salon & Day Spa Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Blue Sky Salon & Day Spa Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Blue Sky Salon & Day Spa Inc. 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 Blue Sky Salon & Day Spa Inc.'s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Blue Sky Salon & Day Spa Inc. does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, Blue Sky Salon & Day Spa Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Participants are not authorized Blue Sky Salon & Day Spa Inc. spokespersons, and their views do not necessarily reflect those of Blue Sky Salon & Day Spa Inc.. 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 download the materials.

MATERIALS PROVIDED TO OR POSTED AT ANY BLUE SKY SALON & DAY SPA INC. WEB SITE. Blue Sky Salon & Day Spa Inc. does not claim ownership of the materials you provide to Blue Sky Salon & Day Spa Inc. (including feedback and suggestions) or post, upload, input, or submit to any Blue Sky Salon & Day Spa Inc. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Blue Sky Salon & Day Spa Inc., its 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. Blue Sky Salon & Day Spa Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Blue Sky Salon & Day Spa Inc.'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.

LIABILITY DISCLAIMER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLUE SKY SALON & DAY SPA INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. BLUE SKY SALON & DAY SPA INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLUE SKY SALON & DAY SPA INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL BLUE SKY SALON & DAY SPA INC. 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 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB 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 WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUE SKY SALON & DAY SPA INC. 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 WEB SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

TERMINATION/ACCESS RESTRICTION. Blue Sky Salon & Day Spa Inc. reserves the right, in its sole discretion, to terminate your access to any or all Blue Sky Salon & Day Spa Inc. Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL. Your use of the Web Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of South Dakota. Certain sections or pages of the Web Site may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and Blue Sky Salon & Day Spa Inc. If any part of these Terms and Conditions 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 superceded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

INDEMNITY. You agree to indemnify and hold Blue Sky Salon & Day Spa Inc., its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site.

COPYRIGHT. All contents of the Blue Sky Salon & Day Spa web site are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Web Site may be copied or retransmitted without the express written permission of Blue Sky Salon & Day Spa Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.