These Terms of Service (the "Terms of Service" or "Agreement") govern the use of the mobile and internet-based services, business tools offered by GOstyling, Inc. (the "Company," "GOstyling," "we" or "us") at and through the website GOstyling.com (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Services").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN GOSTYLING 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.
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.
1. The GOstyling Service
GOstyling is a platform that connects stylists and professionals ("Professionals") providing 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 GOstyling and are hereinafter referred to collectively as "Users."
GOstyling solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Styling Services. GOstyling 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 Styling Services to be provided and the location at which Styling 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 Styling Services or by a Professional to provide Styling Services is a decision made in such person's sole discretion.
GOstyling does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. GOstyling makes no representations or warranties whatsoever with respect to Styling 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 GOstyling does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. GOstyling does not verify of 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 Styling Services on the Services. GOstyling does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.
In connection with 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. By entering your payment information when requested, you authorize GOstyling and payment processors to charge and process the fees and charges assessed in connection with your reservations. While GOstyling takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, GOstyling 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 their GOstyling page at the time of your booking, at the Professional's discretion. GOstyling facilitates the payment transaction per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. GOstyling 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 GOstyling, in each case in GOstyling'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.
GOstyling cannot guarantee availability of the Services to any User
2. GOstyling Accounts
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 IDs"). 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 ID. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does 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 IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and 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 IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. 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 GOstyling 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 GOstyling and/or grant GOstyling 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 GOstyling to pay any fees or making GOstyling subject to any usage limitations imposed by such third party service providers. By granting GOstyling access to any Third Party Accounts, you understand that (i) GOstyling 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) GOstyling 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 User Submissions 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 GOstyling'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. GOstyling makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GOstyling is not responsible for any SNS Content. The Services may contain links to third party websites that are not owned or controlled by GOstyling. GOstyling has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GOstyling will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve GOstyling 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@GOstyling.com, GOstyling will deactivate the connection between the GOstyling Services and your Third Party Account and delete any information stored on GOstyling's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
3. Termination of Accounts
Right to Terminate
GOstyling 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 this Agreement, any other agreement you have with GOstyling, or GOstyling's policies or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that GOstyling shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
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 this Agreement 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 this Agreement.
GOstyling is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release GOstyling from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify GOstyling of any Fraudulent Actions which may affect the Services. GOstyling 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.
4. Payment Processing Services
Part of the functionality of the Services allows 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. and Visa Inc. (collectively, the "Networks"). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
GOstyling 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.
Professionals are solely responsible for all customer service issues relating to such Professional's Stylist Services.
5. Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not GOstyling) 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 and for any disputes or related issues. The Professionals shall be responsible for making available to Clients any terms and conditions applicable to such Professional's loyalty program.
6. GOstyling Programs
A. Client Getter and New Client Offer Programs
i. Professional Opt-In. Professionals who opt-in to GOstyling's "Client Getter Program" and "New Client Offer Program" may offer services or merchandise through the Services which are available only to new customers ("New Clients") of the Professional and which are prepaid or reserved with a credit card by a Client, to be charged at the time the reserved Styling Services are provided ("New Client Services").
ii. New Clients. Only Clients who have not previously purchased services or merchandise from the Professional offering the New Client Services are eligible to book and purchase New Client Services. If you are a New Client, you may either prepay for the New Client Service at the time of booking or reserve the New Client Service with a credit card that will be charged at the time of service. If you book a New Client Service, we will provide you with an email containing a unique GOstyling Offer Code ("Redemption Code").
iii. Terms and Conditions of New Client Services. Each New Client Service is subject to the specific terms and conditions listed in the description of the New Client Service on the Services and reprinted on the coupon the "New Client Service Terms"). In addition, each New Client Service is subject to the following general terms and conditions, but in the event of a conflict between the New Client Service Terms and these general terms, the New Client Service Terms shall govern:
a. Redemption. Unless otherwise stated in the New Client Service Terms, each New Client Service may be redeemed for a period of ninety (90) days from the date of purchase (the "Redemption Period"), after which time the New Client Service will expire. Where applicable law prohibits the expiration of the Redemption Period, the New Client Service will be redeemable with the applicable Professional for a credit in the amount you paid for the New Client Service (the "Price"). Please note that we may provide your name, the date and time of your purchase, and your Redemption Code to the Professional.
b. No returns/refunds. Purchases of New Client Service are nonrefundable. If a Professional (a) refuses to honor its New Client Service or (b) goes out of business before you are able to redeem the New Client Service, please contact us at info@GOstyling.com for a credit in the amount of the Price redeemable towards the purchase of other Styling Services through the Services.
c. Limitations. Unless otherwise provided in the New Client Service Terms:
· A New Client Service may only be redeemed with the Professional who offered it.
· New Client Services are only available to clients who have not previously purchased any merchandise or service from the applicable Professional.
· You may not purchase more than three (3) of the same New Client Services (1 for your personal use and 2 as gifts).
· Only one (1) New Client Service may be used per person per visit.
· New Client Services cannot be redeemed in combination with other discounts, promotions, or offers.
· New Client Services do not include tax and gratuities.
· New Client Services may not be reused or resold.
· New Client Services will be void if you attempt to redeem them in violation of the applicable Deal Terms or the General Terms.
d. Cancellations/No Shows. If you fail to show up for your appointment or to notify the Professional of your cancelation, you may re-book your appointment for the New Client Service again with that Professional, provided that you will be subject to the cancellation policy of the Professional posted on their GOstyling page at the time of the original booking and the Professional may enforce their policy at their discretion. By booking an appointment with a Professional, you agree to adhere to their cancellation policy.
iv. Additional Information: For additional information regarding New Client Services, please contact us at post@GOstyling.com.
B. GOstylingRewards Program
By signing up for the Services or referring your friends to the Services or by engaging in other activities via the Services, you may be able to receive "GOstylingRewards." "GOstylingRewards" are points awarded to a Client by the Services that may be applied as credits toward future purchases and bookings made by Clients via the Services. GOstylingRewards have no cash value and may only be redeemed via the Services. GOstyling may, at any time or for any reason, change or modify the amount of GOstylingRewards awarded for activities on the Services or purchases via the Services and the amount of GOstylingRewards required to be redeemed for eligible Styling Services or products. In addition, the scope, variety, and type of Styling Services and products that you may obtain by redeeming GOstylingRewards may change at any time.
GOstylingRewards can be accrued solely by a Client and a Client may not earn GOstylingRewards by permitting another individual to use their Account. GOstylingRewards accrued in multiple Accounts may not be combined into one Account. You may not earn GOstylingRewards by creating multiple Accounts. By acquiring GOstylingRewards, you agree and acknowledge that the Company is granting you a limited, revocable license to a digital item, and that GOstylingRewards are not your personal property. You may not obtain any cash or money in exchange for GOstylingRewards. Except as explicitly provided herein, GOstylingRewards are nontransferable. Clients are responsible for keeping track of the GOstylingRewards in their Accounts.
GOstylingRewards may only be redeemed via the Services. You may only redeem GOstylingRewards after the GOstylingRewards are reflected in your Account. Subject to applicable law, all GOstylingRewards expire six (6) months from the date following the last credit or debit to your account. If for some reason you believe that there is a discrepancy regarding your balance of GOstylingRewards, please contact us at help@GOstyling.com. We may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at the Company's sole discretion. You are responsible for any tax consequences, if any, that may result from your redemption or use of GOstylingRewards.
Without limiting any other terms of these Term of Service and subject to applicable law, all GOstylingRewards shall be forfeited if your Account is terminated or suspended for any reason, in the Company's sole discretion, or if the Company discontinues providing the Services.
Service Use and 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 GOstyling shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. GOstyling has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
A. 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.
B. 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.
C. When you publish content or information using the "public" setting, it means that everyone, including people outside of the GOstyling community, will have access to that information and we may not have control over what they do with it.
D. We always appreciate your feedback or other suggestions about GOstyling, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
E. We do our best to keep GOstyling 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 GOstyling.
· collect Users' content or information, or otherwise access GOstyling, 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 GOstyling.
· upload viruses or other malicious code.
· solicit login information or Account IDs 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.
· use GOstyling to do anything unlawful, misleading, malicious, or discriminatory.
· do anything that could disable, overburden, or impair the proper working of GOstyling or the Services, such as a denial of service attack.
· facilitate or encourage any violations of these Terms of Service.
F. 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 IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
G. The Company's general terms and conditions for promotional offers (including offers where you must redeem a promotional code as part of the offer) can be found here.
You should not share any protected health information with service providers via the Service. The Service is not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
. 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.
A. 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 GOstyling, or making available for inclusion in publicly accessible areas of GOstyling, 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 GOstyling 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 GOstyling and will terminate at the time such Content is removed from the Services by you or by GOstyling.
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. GOstyling reserves the right to remove or change any images without notice.
B. 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).
C. Subject to the terms and conditions hereof, Company hereby grants each Professional a limited, revocable, non-sublicensable license to display the logos, trademarks or other design marks of the Company solely for personal, non-commercial use in connection with your use of the Services, promotion of Styling Services offered via the Services or other uses expressly permitted by the Company in writing. Notwithstanding such permitted uses and license, 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.
D. 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.
E. The Company reserves the right to remove any Content from the Services, at its sole discretion.
F. 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 copyright@GOstyling.com or by mail to GOstyling, Inc., Attn: Copyright Agent, 218a Clara Street, San Francisco, CA 94107:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· 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.
G. 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 GOstyling and will be designed to inform Clients of how to get more value from the Services.
H. 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.
I. As part of the Services, the Company may send SMS messages to Users using a short code text messaging service. The following guidelines apply to the Company's short code text messaging service:
. When you opt-in to the service, we will send you an SMS message to confirm your signup.
i. You can cancel the SMS service at any time. Just text "STOP" to 789537. 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.
ii. 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.
iii. If at any time you forget what keywords are supported, just text "HELP" to 789537.
iv. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
v. We are able to deliver messages to the following mobile phone carriers:
a. Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
b. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
vi. 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 support@GOstyling.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. GOSTYLING IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. GOSTYLING 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 GOSTYLING'S CONTROL (SUCH AS THIRDPARTY SERVERS). GOSTYLING 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. GOSTYLING 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 NONINFRINGEMENT.
GOSTYLING 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.
GOSTYLING MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING 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 STLYESEAT 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 GOSTYLING 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 BOIDLY 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) STYLING 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.
GOSTYLING EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE GOSTYLING 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 GOSTYLING 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 STYLING 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) Styling 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 thirdparty 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 this Agreement and your use of the Services.
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.
The Company may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.