SALONTARGET® USER AGREEMENT
Last updated December 7, 2017
These terms and conditions are effective immediately for those registering accounts (as defined herein) after that date and will become effective January 1, 2018 for those with preexisting accounts.
These terms and conditions (the “Terms”) of this User Agreement (as defined herein) govern Your access to and use of SalonTarget’s mobile applications that link to or reference this Agreement and websites, including but not limited to those websites created by SalonTarget for or on behalf of any subscriber (collectively, the “Site”). By accessing, browsing, crawling, scraping or in any way using the Site, You agree to the Terms set forth in this User Agreement, the SalonTarget Privacy Policy and all other guidelines or policies referenced herein (collectively, the “User Agreement”).
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.
1. Definitions
- “User” is someone who accesses, browses, crawls, scrapes or in any way uses the Site.
- The terms “You”, “Your” and “Yourself” refer exclusively to You, as a User of the Site.
- The term “SalonTarget” refers exclusively to SalonTarget, Inc., a Massachusetts corporation, with offices at 9 Symphony Drive, North Easton MA.
- Each of “You”, “Your”, “Yourself” and “SalonTarget” is a “Party” and together the “Parties”.
- “Content” means text, images, photos, audio, video and all other forms of data or communication.
- “Your Content” means Content that You submit or transmit to or through the Site, such as ratings, reviews, and information that You display as part of Your account profile.
- “User Content” means Content that Users submit or transmit to or through the Site.
- “SalonTarget Content” means Content that SalonTarget created and make available on the Site.
- “Third Party Content” means Content that is made available on the Site by parties other than SalonTarget or its Users.
- “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and SalonTarget Content.
2. Eligibility.
You may not access or use the Site if: (1) You believe You are a competitor of SalonTarget, (2) SalonTarget deems You as a competitor of SalonTarget, or (3) You are under the age of 18. If You use the Site on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to the this User Agreement. To the extent that You do not meet the eligibility requirements as set forth herein, SalonTarget may, at its sole discretion, elect to terminate Your account.
3. Changes to User Agreement.
SalonTarget may modify this User Agreement from time to time in our sole discretion. Notice of modifications to the User Agreement will be posted on this page. When changes are made, SalonTarget will notify You by making the revised version available on the Site and will indicate on the Site the date on which revisions were last made. Changes will become effective as immediately. You should discontinue Your use of the Site immediately if You do not agree to the modified terms of this User Agreement. Your continued use of the Site after any posted modification to this User Agreement indicates Your assent to the modified User Agreement.
4. User Accounts.
To use certain features on the Site, You will be required to create an account (an “Account”) and provide information about Yourself to SalonTarget. You are exclusively responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account.
You agree to immediately notify SalonTarget if you have any reason to believe that your Account has been compromised or misused in any way. You may not impersonate or provide an email address other than Your own. SalonTarget reserves the right to close Your Account at any time for any or no reason. SalonTarget reserves the right to revoke or deactivate your username and password at any time.
5. Use of the Site.
SalonTarget grants You permission to use the Site subject to the restrictions in this User Agreement. SalonTarget does not endorse any Content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate and specifically precludes all Users from submitting or posting such to the Site.
6. Use Restrictions
SalonTarget is under no obligation to enforce the User Agreement on Your behalf against another User. While SalonTarget reserves the right to investigate alleged violations of the User Agreement and take appropriate action at SalonTarget’s sole discretion. You agree not to, and will not assist or enable others to access or use the Site in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes SalonTarget’s policies. You shall not attempt to disrupt the operation of the Site through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Site in any manner that could damage, disable or impair the Site, or our systems or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site for any purpose.
7. Responsibility for Your Content.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including, but not limited to, anyone’s reliance on its accuracy, quality, reliability, completeness or usefulness, or any disclosure by You of information in Your Content that makes You personally identifiable. You represent that You own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SalonTarget.
8. Use of Content.
SalonTarget may remove or reinstate User Content from time to time in SalonTarget’s sole discretion. SalonTarget has no obligation to retain or provide You with copies of Your Content, nor does SalonTarget make any guarantees or representations concerning any confidentiality with respect to Your Content.
User Content does not necessarily reflect the opinion of SalonTarget. SalonTarget reserves the right to remove, screen, edit, or reinstate User Content from time to time in SalonTarget’s sole discretion for any reason or no reason, and without notice to You.
9. Site Availability.
SalonTarget reserves the right to modify, update, or discontinue the Site in SalonTarget’s sole discretion, at any time, for any or no reason, and without notice or liability.
10. Unauthorized Access.|
SalonTarget reserves the right to exercise whatever lawful means SalonTarget deems necessary in order to prevent unauthorized access to or use of the Site.
11. Termination.
SalonTarget may terminate or suspend Your account or ability to use the Site, in whole or in part, in SalonTarget’s sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent You from accessing Your account, the Site, Your Content, Site Content or any other related information. You may terminate this User Agreement at any time by closing Your account and discontinuing Your use of any and all parts of the Site. If You close Your account, SalonTarget may continue to display Your Content. In the event of any termination, this User Agreement will continue in full force and effect, including SalonTarget right to use Your Content.
12. Ownership.
SalonTarget owns the SalonTarget Content. SalonTarget also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the SalonTarget Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SalonTarget Content in whole or in part except as expressly authorized by SalonTarget. Except as expressly and unambiguously provided herein, SalonTarget does not grant You any express or implied rights, and all rights in and to the Site and the SalonTarget Content are retained by SalonTarget.
13. Warranties, Disclaimers, and Limitations of Liability.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS ” BASIS. SALONTARGET MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE.
SALONTARGET FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SALONTARGET OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. IN NO EVENT WILL SALONTARGET BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY, WARRANTY, OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, INCOME, DATA OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF SALONTARGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SALONTARGET FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. SALONTARGET ALSO DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS AND USERS ARE SOLELY BETWEEN YOU AND THEM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Indemnity.
You agree to defend, indemnify and hold harmless SalonTarget, its shareholders, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of: (i) Your access to or use of the Site, (ii) Your violation of this User Agreement, or (iii) the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. You agree not to settle any matter without the prior written consent of SalonTarget.
15. Third Party Websites, Applications, and Services.
The Site may include links to other websites and applications operated by parties other than SalonTarget. Such links are provided for Your reference only, and SalonTarget does not control such websites and are not responsible for their content. SalonTarget’s inclusion of any links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. SalonTarget assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
16. Disputes.
Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing your claim to info@SalonTarget.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, in Boston, Massachusetts. The Parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each Party waives any right to a jury trial. The Parties also agree that SalonTarget may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17. Applicable Law.
By using the Site, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that may arise between You and SalonTarget.
18. Miscellaneous.
Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by SalonTarget of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. This User Agreement contains the entire agreement between You and SalonTarget regarding the use of the Site, and supersedes any prior agreement between You and SalonTarget on such subject matter. The Parties acknowledge that no reliance is placed on any representation made but not expressly contained in this User Agreement.
