Reckon System, Inc.
(DBA: FaveSalon and FaveStylist)
Terms of Service for Clients
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN FAVESALON AND FAVESTYLIST AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to FaveSalon and FaveStylist that you have full power and authority to do so.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
The FaveSalon and FaveStylist Services
FaveSalon and FaveStylist is a platform that connects salons, merchants, stylists and professionals (collectively or individually, “Professionals”) providing nails, hair, beauty and other health and wellness services (“Styling Services”) with clients seeking such services (“Clients” or “you”). The Professionals and Clients are both users of the Services provided by FaveSalon and FaveStylist and are hereinafter referred to collectively as “Users.”
FaveSalon and FaveStylist solely provides a platform for Salon Establishment, Beauty Professionals and Clients to connect and serves only as a medium to facilitate the provision of Styling Services. FaveSalon and FaveStylist does not provide or contract for Styling Services, and Professionals and Clients contract independently for the provision of Styling Services. Each Client is solely responsible for selecting the Professional, the Beauty Services to be provided and the location at which Beauty Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Beauty Services or by a Professional to provide Beauty Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.
FaveSalon and FaveStylist does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. FaveSalon and FaveStylist makes no representations or warranties whatsoever with respect to Beauty Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that FaveSalon and FaveStylist does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. FaveSalon and FaveStylist does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Beauty Services on the Services. FaveSalon and FaveStylist does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, FaveSalon and FaveStylist may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not FaveSalon and FaveStylist conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client’s needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
In connection with certain services, including Styling Services, for which reservations are made available on the Services, some Professionals may require you to enter credit card or other payment information, and such Professionals may charge fees for reservations, including cancelled and missed appointments. The Professionals are only allowed to do so in accordance with any policy posted on such Professional’s FaveSalon and FaveStylist page at the time of your booking. By entering your payment information when requested, you authorize FaveSalon and FaveStylist and its payment processors to charge and process the fees and charges assessed in connection with your reservations in accordance with the policy described on the Professional’s FaveSalon and FaveStylist page at the time of your booking. While FaveSalon and FaveStylist takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, FaveSalon and FaveStylist is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
If you cancel or don’t show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the Professional posted on such Professional’s FaveSalon and FaveStylist page at the time of your booking, at the Professional’s discretion. FaveSalon and FaveStylist facilitates the payment transaction per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. FaveSalon and FaveStylist has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by FaveSalon and FaveStylist, in each case in FaveSalon and FaveStylist’s sole discretion.
Although the Services are intended to provide a Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled.
FaveSalon and FaveStylist cannot guarantee availability of the Services to any User.
FaveSalon and FaveStylist may from time to time, either as a FaveSalon and FaveStylist Program (described in Section 6 below) or otherwise, provide certain services to Users for an additional fee that may, among other things, enable Professionals and Clients to connect more easily.
FaveSalon and FaveStylist does not independently confirm that Professionals are licensed to perform the Beauty Services offered by them on our Website. However, when Professionals create accounts with FaveSalon and FaveStylist, Professionals certify to FaveSalon and FaveStylist that they are a licensed professional, or if the Professional is a salon, merchant or other business entity, all of such Professional’s employees, independent contractors or agents who are providing Beauty Services each are a licensed professional, that they are legally able to provide the Beauty Services they offer to Clients on our Website, and that their business information is correctly represented on FaveSalon and FaveStylist. FaveSalon and FaveStylist reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.
By creating an account with FaveSalon and FaveStylist (an “Account”), you are granted a right to use the Services provided by FaveSalon and FaveStylist subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal information, and in registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by FaveSalon and FaveStylist (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advice us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account Username”). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account Username. Ideally, the Account Usernameyou choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account Username if we believe, in our sole discretion, the Account Usernameis inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account Usernameis similar to the trademark and the Account Usernamedoes not closely relate to the User’s actual name or trademark rights).
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account Username to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account Usernameand for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Account Username, your disclosure of your Account Username, or your authorization to allow another person to access or use the Services using your Account Username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing FaveSalon and FaveStylist to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to FaveSalon and FaveStylist and/or grant FaveSalon and FaveStylist access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FaveSalon and FaveStylist to pay any fees or making FaveSalon and FaveStylist subject to any usage limitations imposed by such third party service providers. By granting FaveSalon and FaveStylist access to any Third Party Accounts, you understand that (i) FaveSalon and FaveStylist may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) FaveSalon and FaveStylist may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or FaveSalon and FaveStylist’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. FaveSalon and FaveStylist makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FaveSalon and FaveStylist is not responsible for any SNS Content.
The Services may contain links to third party websites that are not owned or controlled by FaveSalon and FaveStylist. FaveSalon and FaveStylist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FaveSalon and FaveStylist will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve FaveSalon and FaveStylist from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to support@FaveSalon.com and support@FaveStylist.com, FaveSalon and FaveStylist will deactivate the connection between the FaveSalon and FaveStylist Services and your Third Party Account and any information stored on FaveSalon and FaveStylist’s servers that was obtained through such Third Party Account will be hidden, except the Account Username and profile picture associated with your Account.
Termination of Accounts – Right to Terminate
FaveSalon and FaveStylist reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with FaveSalon and FaveStylist, including without limitation the EULA, or FaveSalon and FaveStylist’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in FaveSalon and FaveStylist’s sole discretion.
You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that FaveSalon and FaveStylist shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that FaveSalon and FaveStylist may retain and use your information and account data as needed to comply with investigations and applicable law.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.
FaveSalon and FaveStylist is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in FaveSalon and FaveStylist’s sole discretion Fraudulent Actions”). By using the Services, you hereby release FaveSalon and FaveStylist from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify FaveSalon and FaveStylist of any Fraudulent Actions which may affect the Services. FaveSalon and FaveStylist reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Payment Processing Services
FaveSalon and FaveStylist’s Role
The Services allow Clients to pay and Professionals to accept payments for Stylist Services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. Visa Inc. and Discover Card (collectively, the “Networks”)through a payment service provider retained by the Company. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
FaveSalon and FaveStylist facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company.
Within 24 hours after you receive confirmation through the Service or via email that a Beauty Service has been completed, you agree to authorize the Company to provide your payment details for processing of payments, out of pocket expenses owed to a Professional, any tip or gratuity, if applicable, and the service fees and/or booking fees owed to Company for the use of the Service. You may be charged a cancellation fee if you book a Beauty Service, but cancel it before it is completed.
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company. As a condition of FaveSalon and FaveStylist enabling payment processing services , you agree to provide FaveSalon and FaveStylist accurate and complete information about you and/or your business, and you authorize FaveSalon and FaveStylist to share it and transaction information related to your use of the PSP services.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other FaveSalon and FaveStylist agreement, or that it exposes Professionals, other FaveSalon and FaveStylist Users, the PSP or FaveSalon and FaveStylist to harm. Harm includes fraud and other criminal acts as determined by FaveSalon and FaveStylist in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
FaveSalon and FaveStylist works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.
FaveSalon and FaveStylist Fees
If applicable, you agree to pay the applicable fees listed on our Fee Schedule available for use of the Services (“Fees”). Subject to the terms of these Terms of Service, we reserve the right to change our Fees immediately upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars.
Professionals, as a separate entity from FaveSalon and FaveStylist, are solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Beauty Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and FaveSalon and FaveStylist, FaveSalon and FaveStylist is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
Professional’s Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not FaveSalon and FaveStylist) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.
1. At times and under circumstances in Company’s sole discretion, the Company may issue to certain Users gift cards (“Gift Cards”) that can be used to pay for Services, including the Styling Services, and fees or expenses associated with the Services. Gift Cards are not replaceable if lost or stolen and have no expiration date, but in certain states, after a period of time, we may be required to remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem the Gift Card, it may no longer be redeemed and we may direct them to that state’s government instead. Gift Cards are not redeemable by the Company for cash except as required by applicable law.
2. If you wish to redeem your Gift Card and you can do so under applicable law, simply send your Gift Card along with a self-addressed envelope to the salon address that you bought it from.
3. Salons will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If we determine that the Gift Card is not required to be redeemed under applicable law, or Salons can’t verify your residency, we’ll return your Gift Card in the envelope provided. Company will be unable to redeem or return your Gift Card without a self-addressed envelope and is not responsible for mail that doesn’t arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
4. A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons for any given individual transaction on the Website. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means.
5. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Service, and use of a Gift Card constitutes acceptance hereof. Unused Gift Card balances are not transferable.
Use of Services; Limitations and Changes to the Services.
• We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and FaveSalon and FaveStylist shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. FaveSalon and FaveStylist has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
• We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
• As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.
• When you publish content or information using the “public” setting, it means that everyone, including people outside of the FaveSalon and FaveStylist community, will have access to that information and we may not have control over what they do with it.
• We always appreciate your feedback or other suggestions about FaveSalon and FaveStylist, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
• We do our best to keep FaveSalon and FaveStylist safe and spam free, but can’t guarantee it. In order to help us do so, you agree not to:
• send or otherwise post unauthorized commercial communications (such as spam) on the Services.
• collect Users’ content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
• upload viruses or other malicious code.
• solicit login information or Account Usernames or access an account belonging to someone else.
• bully, intimidate, or harass any User.
• post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
• develop, advertise or otherwise market alcohol-related or other mature content.
• useFaveSalon and FaveStylist to do anything unlawful, misleading, malicious, or discriminatory.
• do anything that could disable, overburden, or impair the proper working of FaveSalon and FaveStylist or the Services, such as a denial of service attack.
• facilitate or encourage any violations of these Terms of Service.
• To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:
• keep your Registration Data and contact information accurate and up-to-date.
• keep your Account Usernames and Account information confidential and to not share your login information or Account Usernames, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
• The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.
• In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to FaveSalon and FaveStylist, or making available for inclusion in publicly accessible areas of FaveSalon and FaveStylist, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant FaveSalon and FaveStylist a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on FaveSalon and FaveStylist and will terminate at the time such Content is removed from the Services by you or by FaveSalon and FaveStylist; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that FaveSalon and FaveStylist needs to use such Content in connection with any investigation or in compliance with any laws.
• You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. FaveSalon and FaveStylist reserves the right to remove or hide or change any images without notice.
• When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
• You acknowledge that all derivative designs and artwork which utilize the Company’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
• Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
• The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.
• The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its determination, believes have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent via email to admin@FaveSalon.com
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• description of where the material that you claim is infringing is located on the site, including a url link;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
• The Company reserves the right to send Clients a newsletter from time to time if they opt-in to receiving one. This communication will be highly targeted based on how each Client uses FaveSalon and FaveStylist and will be designed to inform Clients of how to get more value from the Services.
• As part of the Services, the Company offers Professionals the option to send SMS and email messages to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Professional represents that it has permission from each Client to send SMS and email notifications and that each Professional takes full responsibility for adhering to each Client’s preference with respect to such notifications.
• As part of the Services, the Company may send SMS messages to Users concerning product developments, marketing communications, and other information regarding the Services. The Company may also send SMS messages to Users regarding upcoming appointments and other reminders using a short code text messaging service. The following guidelines apply to the Company’s short code text messaging service:
• When Users opt-in to the service, we will send you an SMS message to confirm your signup.
• You can cancel the SMS service at any time. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
• If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
• We are able to deliver messages to the following mobile phone carriers:AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
• As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to admin@FaveSalon.com
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF STYLING SERVICES. FAVESALON AND FAVESTYLIST IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. FAVESALON AND FAVESTYLIST IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR STYLING SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER FAVESALON AND FAVESTYLIST’S CONTROL (SUCH AS THIRD-PARTY SERVERS). FAVESALON AND FAVESTYLIST MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAVESALON AND FAVESTYLIST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FAVESALON AND FAVESTYLIST MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FAVESALON AND FAVESTYLIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF BEAUTY SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAVESALON AND FAVESTYLIST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FAVESALON AND FAVESTYLIST OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) BEAUTY SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
FAVESALON AND FAVESTYLIST EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE FAVESALON AND FAVESTYLIST IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY STYLING SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE FAVESALON AND FAVESTYLIST AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF BEAUTY SERVICES OR OTHERWISE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Beauty Services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
Dispute Resolution – Informal Negotiations
To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and FaveSalon and FaveStylist agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to FaveSalon and FaveStylist.
If you and FaveSalon and FaveStylist are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, FaveSalon and FaveStylist will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and FaveSalon and FaveStylist may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution.
Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorney General Act of 2004, California Labor Code 2698 et seq. (“PAGA”) to the extent waiver of such claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Orange County, California, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding.
You and FaveSalon and FaveStylist agree that any arbitration will be limited to the Dispute between FaveSalon and FaveStylist and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FAVESALON AND FAVESTYLIST ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and FaveSalon and FaveStylist otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Location of Arbitration.
Arbitration will take place in Huntington Beach, California. You and FaveSalon and FaveStylist agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Huntington Beach, California have exclusive jurisdiction and you and FaveSalon and FaveStylist agree to submit to the personal jurisdiction of such courts.
Right to Opt out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by notifying FaveSalon and FaveStylist in writing within 30 days of the date your first registered for the Services or a Subscription or 30 days from the date these Terms of Service were last updated. To opt out, you must send a written notification to FaveSalon and FaveStylist at Reckon System, Inc., 16882 Bressel Lane, Huntington Beach CA 92647 (a) your user identification, (b) your name, (c) your address, (d) your telephone number, (e) your email address and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
You and FaveSalon and FaveStylist agree that, other than as set forth under the subsection entitled “Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding” in Section 15 above, if any portion of Section 15 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of these Terms of Service will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 15 is found to be illegal or unenforceable, neither you or FaveSalon and FaveStylist will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Huntington Beach, California, and you and FaveSalon and FaveStylist agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 15 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.