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1. Restrictions on Use of Materials

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This Internet website (the “Site”) is a service of The SPA at The Old Mill which is controlled and operated by OMT

SPA INC. (referred to as “OMTS”, “we”, “us” or “our” herein). All content included on this Site, such as text,

graphics, logos, button icons, images, audio and video clips, and software is owned by and the property of the

Spa, or other parties that have licensed their materials to The SPA at The Old Mill and is protected by Canadian

and international copyright laws. Unless otherwise stated, no material from this Site or any website owned,

operated, licensed or controlled by OMTS or its affiliates, subsidiaries, successors and assigns may be copied,

reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any

way or by any means whatsoever, except that you may download or print one copy of the materials for personal,

non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the

materials or use of the materials for any other purpose (including use of any such material on any other website

or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide

by all copyright notices, information and restrictions contained in any content on the Site and any content

accessed through the Site.

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While OMTS maintains copyright protection in all publications it places on the World Wide Web, OMTS consents

to normal downloading, copying and distribution of the information for non-commercial purposes within the

user’s organization or for non-commercial personal purposes. In consideration of this, users agree that copies of

the information will retain all copyright and other proprietary notices.

 

2. Limitation of Liability

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Under no circumstances, including, but not limited to, negligence, shall OMTS, its subsidiaries or affiliated

companies or licensors, or their directors, officers, employees or other representatives be liable for any damages

that arise out of or in connection with the use of this Site, even if OMTS authorized representative has been

advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all

damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss

of data, income or profit, loss of or damage to property and claims of third parties. Applicable law may not allow

the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion

may not apply to you. In no event shall OMTS’s total liability to you for all damages, losses, and causes of action

(whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you,

if any, for accessing or using this Site.

 

3. Amendments

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OMTS reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and

Conditions at any time with or without notice. You should review this link on a regular basis for any such changes.

Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.

 

4. Language

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The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn

up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les

présentes soient rédigés en anglais.

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5. Indemnification

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To the maximum extent permitted by applicable law, you will defend, indemnify and hold OMTS, its affiliates and

related companies, and any of their respective directors, officers, employees, consultants and agents, harmless

from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach

of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents contained on the Site.

OMTS reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control

of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as

reasonably required in the defence of any claim.

 

6. User Privacy and Security Policy

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Use of this Site is subject to the terms of our Privacy Policy. You recognize and agree that: (i) the Internet is not a

secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the

nature of Internet communications means that your communications may be susceptible to data corruption,

unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or

typographical errors; (iv) OMTS and any other persons involved in the management of the Site may make changes

in the information and content included in the Site at any time without notice; (v) OMTS shall not be responsible

for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an “as is” basis

and is strictly at your own risk.

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Use of this Site is also subject to the terms of our Security Statement. You recognize and agree that

although OMTS security efforts are generally consistent with industry practice in Canada, your complete privacy,

confidentiality and security associated with any communications between us is not yet possible over the Internet,

and therefore cannot be guaranteed. As a result, OMTS shall not be responsible or liable for any loss of privacy,

disclosure of information, harm, damage or loss that may result from your transmission of any information to us

in any connection with the Site.

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7. Product Information

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All prices displayed on this Web site are quoted in Canadian Funds. Gratuity not included in Spa Services or packages.