A. Related Policies and Terms

B. Modification of Site Terms

C. United States Usage

D. License and Site Access

E. Changes, Misprints, Errors and Cancellations

F. Passwords and Security

G. Intellectual Property

• 1. Ownership
  
  All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws.
• 2. Trademarks
  
  CAL SPAS, CALSPASDIRECT.COM (and other registered trademarks owned by LMS listed on the attached Exhibit A), and their respective designs and/or logos are either trademarks or registered trademarks of LMS and may not be copied, imitated or used, in whole or in part, without the prior written permission of LMS. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of LMS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LMS. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
• 3. Restrictions on Use
  
  Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of LMS or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of LMS - is strictly prohibited.

H. Software

• 1. Links to the Site
  
  You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray LMS or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner.
  
  This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any LMS trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without LMS' express written consent. All other linking is prohibited without prior consent from LMS. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of LMS or any third party.
• 2. Third Party Links
  
  LMS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.

J. Submissions

• 1. Your Information
  
  If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.
• 2. Additional Submissions
  
  You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to LMS, or postings on this Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
• 3. Restrictions for Submissions
  
  By using the Site, you agree not to do any of the following:
  • 1. Upload to, distribute or otherwise publish through this Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • 2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
  • 3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • 4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • 5. Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
  • 6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
• 4. Policies and Enforcement
  
  All access to and use of this Site is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. LMS has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that LMS believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. LMS takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
• 5. Responsibility for Your Conduct
  
  You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless LMS and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.

K. Financial Material Disclosure

• 1. Forward-Looking Statements
  
  This Site, and any documents issued by us and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements include all passages containing verbs such as "aims," "anticipates," "believes," "expects," "intends," "plans," "predicts," "projects," or "targets" or nouns corresponding to such verbs. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. These forward-looking statements are based on the opinions and estimates of management at the time the statements are made and are subject to certain risks and uncertainties that could cause the actual results to be materially different from those anticipated in or implied by the forward-looking statements. Information about factors that could potentially affect our results is contained in the reports we file with the Securities and Exchange Commission, including but not limited to any risk factors we identify in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or current Reports on Form 8K. Forward-looking or other statements speak only as to the date they were released. LMS undertakes no obligation to update forward-looking or other statements to reflect events or circumstances that occur after the date the statements were made. In addition, please note that information contained in this Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of the Company used in connection with the offering or sale of securities.
• 2. Webcasts Calls
  
  From time to time, LMS provides earnings or other financial information to the public via webcasts or conference call.
  
  Unauthorized recording or downloading of these is not permitted. Any rebroadcast or rewebcast of these events is prohibited without the express prior consent of LMS. Information provided is only accurate as of the date of the event. While LMS attempts to ensure your access and use of the Site is safe, LMS cannot and does not represent or warrant that this Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
• 3. Third Party Financial Information
  
  We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. LMS neither regularly monitors nor assumes responsibility for the content of third parties' statements or web sites. Accordingly, LMS does not endorse or adopt these web sites or any information contained therein. LMS makes no representations or warranties whatsoever regarding their accuracy or completeness.

L. Children

M. Disclaimer

N. Limitation of Liability

O. Applicable Law, Venue and Limitation of Actions

P. Termination

Q. Consent to Email Communication

R. Legal Equivalency

S. Severability

T. Waivers

U. Contact Us