Welcome to agabela.com. agabela Services LLC and/or its affiliates ("agabela") provide website features to you subject to the following conditions. If you visit or shop at agabela.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future agabela service or business (e.g., Your Profile, Gift Cards, Unbox, or Your Media Library) 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, the Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to agabela.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit agabela.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of agabela or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of agabela and protected by U.S. and international copyright laws. All software used on this site is the property of agabela or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Agabela, www.agabela.com, Agabela.com
PATENTS
One or more patents owned by agabela apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents. Click here to see a non-exhaustive list of applicable agabela patents and applicable licensed patents.
LICENSE AND SITE ACCESS
agabela grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of agabela. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of agabela. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of agabela without express written consent. You may not use any meta tags or any other "hidden text" utilizing agabela's name or trademarks without the express written consent of agabela. Any unauthorized use terminates the permission or license granted by agabela. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of agabela.com so long as the link does not portray agabela, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any agabela logo or other proprietary graphic or trademark as part of the link without express written permission.
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. agabela does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use agabela.com only with involvement of a parent or guardian. agabela reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the 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 a card or other content. agabela reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant agabela a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant agabela and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify agabela for all claims resulting from content you supply. agabela has the right but not the obligation to monitor and edit or remove any activity or content. agabela takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
agabela respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from agabela are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
agabela attempts to be as accurate as possible. However, agabela does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by agabela itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by agabela, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by agabela. Your purchases from third-party sellers using Marketplace Payments by agabela are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than agabela operate stores, provide services, or sell product lines on this site. For example, Shutterfly offers Photo Services in our Camera and Photo store, and other businesses and individuals offer products in Auctions. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. agabela does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY agabela ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. agabela MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, agabela DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. agabela DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM agabela ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. agabela WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting agabela.com, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and agabela.
DISPUTES
Any dispute relating in any way to your visit to agabela.com or to products or services sold or distributed by agabela or through agabela.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to agabela.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.
Conditions of Use
Agabela
www.agabela.com
Following is our agreed-to Legal Statement of Terms:
For purposes of the terms set forth in this statement “Agabela” shall mean: agabela as well as www.agabela.com.
Disclaimer of representations and warranties
All products, services and information made available on or through this web site are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Subject to the foregoing, agabela disclaims all implied warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in this statement of legal terms. agabela makes no representation that the information contained on this web site, your results in using this web site or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. agabela makes no representation and specifically disclaims any warranty regarding any site linked to this web site.
This disclaimer by agabela in no way affects the terms of any manufacturer's or third party seller's warranty, if any, related to the goods purchased via this web site. Title to goods and merchandise is retained by agabela until goods and merchandise are paid for by the purchaser and at that time title passes to the purchaser. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Proprietary information
You agree that all content appearing on the web site, including, but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, and computer software, are the sole property of agabela or its partners and suppliers, and protected by u.s. and international laws and treaties. Users are granted permission to browse and use the agabela site for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, modification, distribution, transmission, republication, removal, deletion, addition, display, or performance of the content on this site or the exploitation in any other manner of any of the content of this web site, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this web site is strictly prohibited.
agabela does not grant, by implication, or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this web site, without the prior written consent of agabela. agabela prohibits use of the agabela logo as a link to any website unless creating such a link is approved in advance by agabela in writing. Registered and unregistered proprietary information is owned and held by agabela and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this web site in any form mentioned or unmentioned.
Waiver of liabilities
You agree that, except as otherwise provided under applicable laws, neither agabela nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of the agabela web site or any other web site linked to this web site. This waiver of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if agabela is notified in advance of the potential for any such damages.
Termination of the use of this web site
You agree that any unauthorized use of this web site, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use the agabela web site. agabela reserves the right to terminate your access to our web site and its content and use at any time, with or without notice at our discretion.
Third party web sites
You agree that agabela encourages you to exercise discretion browsing the internet. Our web site, products or services may direct you to sites containing information that some people may find offensive or inappropriate. agabela and its affiliates make no representation or warranty about the legality of any third party web site. Any such web site is independent from agabela, and agabela has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between agabela and another web site further does not mean that agabela endorses that web site. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other web site. agabela expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the agabela domain.
Availability
The agabela web site, excluding links, is created, owned, operated and controlled by agabela SPA, LLC, In the State of Arizona USA. At this time, materials, products and services on this web site will be delivered or made available only in the 50 United States. Access to this web site from locations where its use or content is illegal is prohibited. Visitors to this web site are responsible for their own compliance with local laws regarding web site use and access.
Jurisdiction
You agree that the laws of the state of Arizona will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. In addition, you agree to the exclusive personal jurisdiction and venue of the Superior Court of Maricopa County and the United States District Court for Phoenix. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
Unlawful conduct
You agree you are prohibited from posting or transmitting to the agabela web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. agabela reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this web site.
Limited availability and price
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, agabela will have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. agabela will have the right to limit the number of items purchased through our web site. agabela will have the right to refuse or cancel any order 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 canceled, agabela will immediately issue a credit to your credit card account in the amount of the incorrect price.
Prices shown are the suggested retail prices. Independent distributors and other sales agents are free to price products as they see fit and may not conform to the listed prices.
Returns and exchanges
We pride ourselves on offering the highest quality merchandise. If you are not delighted with your purchase, return the unused item in its original condition within 30 days for a full refund, less shipping costs.
Returns or exchanges are simple. For instructions on how to return or exchange a purchase, see returns and exchanges.
Minors
agabela does not knowingly market to or knowingly solicit information from minors. Minors are ineligible to use our services, and we do not want minors to submit any personal information to us. If you are a minor, you can use this service only under the supervision of your parents or guardians.
--------------------------------------------------------------------------------
“4 You” Coupon Program – Terms and Regulations
We at agabela Spa appreciate your business. As a token of our appreciation, we would like you to accept 10% off your purchase using our “4 you” coupon. You can use this coupon in almost 500 participating locations all over the United States or on this Web-Site.
Using Your Coupon
Participating Retail Locations – Simply mention and hand this coupon to the salesperson at the time of purchase.
agabela Spa web-site – Simply enter your coupon code (found on the back of the coupon) at the final stage of your on-line purchase process.
Terms and Conditions
Validity – This coupon is valid at participating locations only, and on the agabela Spa web-site (www.agabelaspa.com). The coupon is valid with purchases of agabela Spa products only.
Terms of use:
The coupon can be used any number of times (until expiration).
There is a limit of one coupon per order.
No minimum purchase is required.
The coupon cannot be used in conjunction with other discounts or promotions.
The coupon cannot be applied to past purchases.
The coupon has no cash value.
Coupons may not be combined.
All expiration dates are firm. Please plan accordingly.
agabela is not responsible for typographical errors.
agabela reserves the rights to cancel promotions with coupons at any time.
This coupon may not be sold.
Expiration – The expiration date for this coupon is March, 31 2008.