BY VISITING STYLING
SESSION™, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
By using STYLING SESSION™, referred to as this
“Site”, all visitors, referred to as “user”, “you” and “your” are bound by
these Terms and Conditions. The terms “we”, “us”, and “our” refer to STYLING SESSION™ (“Company”). By
accessing any area of this Site shall be deemed a use of the Site and an
acceptance to the terms and conditions provided herein.
SITE USE
Information
provided on the Site and related to our service of styling services and blog (the
“Service”) is subject to change. Company makes no representation or warranty
that the information provided is accurate.
In order to use
the Site and Service, you may be required to provide information about yourself
including your name, email address, and other personal information. You agree
that any registration information you give to Company will always be accurate,
correct and up to date. You shall only be allowed to provide your own personal
information and not the information of others.
You may use the
Site and Service for lawful purposes only. You shall not post on the Site
anything that is false, defamatory, misrepresenting, or would interfere with or
restrict any other user from using the Site. This includes, but is not limited to, posting anything
unlawful, obscene, libelous, indecent, invasive of privacy, or anything that
would cause the potential for civil liability or criminal charges.
Failure to
comply with the terms and conditions listed here may cause you to be removed
from the Site.
INTELLECTUAL
PROPERTY
The Site and Service
contain intellectual property owned by Company, including, without limitation,
trademarks, copyrights, proprietary information and other intellectual property
as well as the Company name, logo, all designs, text, graphics, other files,
and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service
content or intellectual property, in whole or in part without our prior written
consent. Any copyright infringement will result in legal action taken on
behalf of the Company.
LIMITATION OF
LIABILITY
UNDER NO
CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR
OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE
OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT
LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS
OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III)
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS
NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES
IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE
FOREGOING APPLIES EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN
THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE
DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY
LAW. IN NO EVENT SHALL COMPANY’S
CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTIES
The Site and
the Service may contain links to third party websites and resources. You
acknowledge and agree that we are not responsible or liable for the information
or services of these third party websites or resources. Links to such websites
or resources do not imply any endorsement by or affiliation with Company. Unless
otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the
terms and conditions of that specific site. You acknowledge and accept that we are not responsible for
the terms or practices of third parties.
You acknowledge sole responsibility for and assume all risk arising from
your use of any such websites or resources.
INDEMNIFICATION
You shall
indemnify and hold us harmless from and against any and all claims, actions or
demands, liabilities and settlements, as well as third party claims and causes
of action, including, without limitation, attorneys’ fees, resulting from your
violation of these Terms and Conditions, or any use by you of the Site or Service.
You shall bear the sole financial burden in connection with any such defense,
including, without limitation, providing us with such information,
documentation and reasonable access to you, as we deem necessary. You shall not
settle any third party claim or waive any defense without our prior written
consent.
GOVERNING LAW;
VENUE; MEDIATION
This Agreement
shall be construed in accordance with, and governed by, the laws of the State
of New York, exclusive of its choice of law rules. The parties agree to attempt
to resolve any dispute, claim or controversy arising out of or relating to
these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration
or court proceeding based on or arising out of this Agreement shall be Waccabuc,
NY and any such award shall be binding on the parties. The prevailing party or
parties shall be entitled to recover reasonable attorneys’ fees and other costs
incurred in that action or proceeding, in addition to any other relief to which
it or they may be entitled.
MISCELLANEOUS
Should any
provision of these Terms and Conditions be or become invalid, illegal, or
unenforceable under applicable law, the other provisions shall not be affected
and shall remain in full force and effect.
These Terms and
Conditions bind and inure to the benefit of the parties’ successors and
assigns. These Terms and Conditions are not assignable; any transfer,
assignment or delegation by you is invalid.
These Terms and
Conditions constitute the entire agreement between the parties with respect to
its relationship and supersede all prior oral or written agreements,
understandings and representations to the extent that they relate in any way to
the subject matter hereof. No
waiver of any of the provisions shall bind either party unless set forth in a
writing specifying such waiver, consent or amendment signed by both parties.
The headings of
these Terms and Conditions are provided for convenience only and shall not
affect its construction or interpretation.
By using the
Site, you agree to these Terms and Conditions, without modification, and
acknowledge reading them. We
reserve the right to change these Terms and Conditions or to impose new
conditions on use of the Site, from time to time, in which case we will post
the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes
means you accept the new Terms and Conditions with the modifications.
CHILDREN
To access or
use the Site, you must be 18 years or older and have the requisite power and
authority to enter into these Terms and Conditions.
Updated: JUNE
2015
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