Last Updated: November 1, 2019
Thank you for using SalonSpa Connection! These Terms of Service (“Terms”) govern your use of the SalonSpa Connection services, including SalonaSpa Connection’s website and any websites (or portions thereof) that are operated by SalonSpa Connection (collectively, the “Services”), and are entered into by you and Inform.Guide.Hire, a Kansas limited liability company (hereinafter referred to as “SalonSpa Connection”).
These Terms constitute a legal binding agreement (“Agreement”) between you and SalonSpa Connection governing your access to and use of the SalonSpa Connection website.
By using this website, we assume you accept these terms and conditions in full.
Do not continue to use SalonSpa Connection’s website if you do not accept all of these terms and conditions stated on this page.
SECTION 7 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND SALONSPA CONNECTION HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBRITATION. UNLESS YOU OPT OUT OF THE ARBIRTATION AGREEMENT YOU WILL ONLYBE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST SALONSPA CONNECTION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOUALSO WAIVE YOUR RIGHT TO SEEK RELEIF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTSOF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services compromise a platform that presents you with a number of services in the salon and spa industry, including but not limited to, providing consultations, educational training, private employment services, a comprehensive list of area affiliates, secret shopping, resume review, and events.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to, but not limited to, services or jobs that are no longer available, events that were canceled, or affiliates that are no longer associated with SalonSpa Connection. SalonSpa Connection reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel services if any information on the Services is inaccurate at any time without prior notice.
1. Your use of the Services
SalonSpa Connection grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and SalonSpa Connection’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant SalonSpa Connection a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivate works from, and distribute any such content for the purposes of operating, providing, and improving the Services. SalonSpa Connection may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
If you are using SalonSpa Connection on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account or provide your contact information. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services.
We’re constantly modifying and improving the Services. SalonSpa connection may introduce new features, change existing features, or remove features from the Services at any time and without notice.
2. SalonSpa Connection Communications
By providing your contact information to SalonSpa Connection, you agree to accept and receive communications from SalonSpa Connection or affiliates, including via email, text message, calls, and push notifications to the cellular telephone number you provided to SalonSpa Connection
3. Third-Party Services and Content
You agree that SalonSpa Connection does not assume responsibility for any products, content, services, website, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that SalonSpa Connection will have no liability based on such purchase, use, or access.
4. Service Provided As-Is and Release of Claims
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALONSPA CONNECTION DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALONSPA CONNECTION MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SALONSPA CONNECTION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS REMAIN SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT SALONSPA CONNECTION IS NOT RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD-PARTY PROVIDER. SALONASPA CONNECTION WILL NOT BE LAIBLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER.
If you have a dispute with one or more Third Party Providers, you agree to release SalonSpa Connection (including SalonSpa Connection’s affiliates) from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
5. Limitation of Liability
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL SALONSPA CONNECTION (INCLUDING ITS AFFILIATES) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIALM OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OR PROGRAMS, FAILURE TO STORE ANY INFORMNATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSISTUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OF THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVENT IF SALONSPA CONNECTION OR SALONSPA CONNECTION’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SALONSPA CONNECTION (INCLUDING ITS AFFIALIATES) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, AND OR/ CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGES BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF SALONSPA CONNECTION OR SALONSPA CONNECTION’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADISED OF THE POSSIBILITY OF SUCH DAMAGES.
SALONSPA CONNECTION AND ITS AFFAILIATES WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR ANY SERICES PROVIDED BY THIRD PARTY PROVIDERS.
You agree to defend, indemnify and hold harmless SalonSpa Connection and its affiliates from and against any losses, claims, actions, cost, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an SalonSpa Connection and its affiliates arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violating of any law, rule or regulation.
7. Disputes and Arbitration
If you have a dispute with SalonSpa Connection arising out of your use of the Services, this Section 7 applies. You agree to contact SalonSpa Connection first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and SalonSpa Connection agree to resolve any disputes arising out of your case of the Services or these through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SALONSPA CONNECTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
8. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Kansas for residents of the United States, without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 7 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Kansas.
9. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with SalonSpa Connection, shall constitute the entire agreement between you and SalonSpa Connection with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
10. No Waiver
SalonSpa Connection’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole, unless agreed to by SalonSpa Connection in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. SalonSpa Connection may assign its rights, licenses, and obligations under these Terms without limitation.
12. Copyright and Trademark Policy
SalonSpa Connection respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. SalonSpa Connection will respond to valid notices of copyright infringement and reserves the right to terminate any users, at SalonSpa Connection’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send an email notice of infringement to SalonSpa Connection’s designated Copyright Agent using the following contact information: email@example.com. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which SalonSpa Connection may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to SalonSpa Connection’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
13. Changes to the Terms
We may make changes to these Terms from time to time. SalonSpa Connection reserves the right to modify these Terms at any time in accordance with this provision. When SalonSpa Connection does so, SalonSpa Connection will post the most current version of the Terms on SalonSpa Connection’s website. All changes will be effective immediately upona accessing or using the website after changes are posted. Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services. If you do not terminate your use of the Services, your continued access to or use of the SalonSpa Connection will constitute acceptance of the revised Terms.
14. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
15. Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
16. Contact Information
If you have any questions, feedback, or comments about these Terms please contact SalonSpa Connection at: Susan Wos, firstname.lastname@example.org.
SalonSpa Connection welcomes and encourages you to provide feedback, comments, and suggestions for improvements to the SalonSpa Connection website, You may submit feedback by emailing Susan Wos at the email address specified above, through the “Contact” section of the website, or by other reasonable means of communication. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to SalonSpa Connection or affiliates, you grant SalonSpa Connection a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17. General Provisions
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the entire Agreement between SalonSpa Connection and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreement between SalonSpa Connection and you in relation to the access to and use of the SalonSpa Connection website.
17.2 No joint venture, partnerships, employment, or agency relationship exists between you and SalonSpa Connection as a result of this Agreement or your use of the SalonSpa Connection website.
17.3 These Terms do not and are intended to confer any rights or remedies upon any persons other than the parties.