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Use of
SalonServices.net Sites constitutes full acceptance of and agreement to
the Terms; if a user does not accept SalonServices.net's Terms, he or
she is not granted rights to use SalonServices.net Sites as defined
herein, and should refrain from accessing SalonServices.net Sites.
SalonServices.net
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any or all SalonServices.net
Sites (or any part thereof). SalonServices.net shall not be liable to
any user or other third party for any such modification, suspension or
discontinuance except as expressly provided herein.
By using
SalonServices.net Sites, you warrant to SalonServices.net that you will
not use SalonServices.net Sites, or any of the content obtained from
SalonServices.net Sites, for any purpose that is unlawful or prohibited
by these Terms. If you violate any of these Terms, your permission to
use the SalonServices.net Sites automatically terminates.
The SalonServices.net Sites are owned and operated by
SalonServices.net for the purpose of software development, discussion,
implementation and innovation (the "Purpose"). The SalonServices.net
Sites provide products and services for the health & fitness industry,
specifically the commercial indoor sunlamp tanning industry.
All information, data, text, software, music, sound,
photographs, graphics, video, messages, or any other materials
whatsoever (collectively, "Content"), whether publicly posted or
privately transmitted, is the sole responsibility of the person from
whom such Content originated. This means that the user, and not
SalonServices.net, is entirely responsible for all Content that he or
she uploads, posts, emails or otherwise transmits via the
SalonServices.net Sites. No user shall transmit Content or otherwise
conduct or participate in any activities on SalonServices.net Sites
that, in the judgment of SalonServices.net, is likely to be prohibited
by law in any applicable jurisdiction, including laws governing the
encryption of software, the export of technology, the transmission of
obscenity, or the permissible uses of intellectual property.
SalonServices.net
reserves the right to refuse or delete any Content of which it becomes
aware and reasonably deems not to fulfill the Purpose. In addition,
SalonServices.net shall have the right (but not the obligation) in its
sole discretion to refuse or delete any Content that it reasonably
considers to violate the Terms or be otherwise illegal.
SalonServices.net, in its sole and absolute discretion, may preserve
Content and may also disclose Content if required to do so by law or
judicial or governmental mandate or as reasonably determined useful by
SalonServices.net to protect the rights, property, or personal safety of
SalonServices.net Sites' users and the public. SalonServices.net does
not control the Content posted to the SalonServices.net Sites and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will SalonServices.net be liable in any
way for any Content, including, but not limited to, liability for any
errors or omissions in any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via SalonServices.net Sites.
Each user, by
using SalonServices.net Sites, may be exposed to Content that is
offensive, indecent or objectionable. Each user must evaluate, and bear
all risks associated with the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
Use, reproduction, modification, and other intellectual
property rights to data stored on the SalonServices.net Sites will be
subject to licensing arrangements that may be approved by
SalonServices.net as applicable to such Content.
Content located
on any SalonServices.net-hosted subdomain which is subject to the sole
editorial control of the owner or licensee of such subdomain, shall be
subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by
SalonServices.net as applicable to such Content.
You agree not to sell, resell, or offer for any
commercial purposes, any portion of the SalonServices.net Sites, use of
the SalonServices.net Sites, or access to the SalonServices.net Sites.
SalonServices.net may establish general practices and
limits concerning use of the SalonServices.net Sites. While
SalonServices.net will use reasonable efforts to back up site data and
make such data available in the event of loss or deletion,
SalonServices.net has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by any SalonServices.net Site.
SalonServices.net reserves the right to mark as "inactive" and archive
accounts and/or Content that are inactive for an extended period of
time. SalonServices.net reserves the right to change these general
practices at any time, in its sole discretion, with notice to users and
the public as described in Section 1 above.
SalonServices.net, any SalonServices.net Site or a third
party may provide links to other websites. SalonServices.net exercises
no control whatsoever over such other websites and web-based resources
and is not responsible or liable for the availability thereof or the
Content, advertising, products or other materials thereon.
SalonServices.net shall not be responsible or liable, directly or
indirectly, for any damage or loss incurred or suffered by any user in
connection therewith. Your access and use of linked websites, including
information, material, products and services therein, is solely at your
own risk.
The
SalonServices.net Sites' Privacy Statement is applicable only when you
are on an SalonServices.net Site. Once you choose to link to another
website, you should read that website's privacy statement before
disclosing any personal information.
Each user shall indemnify, defend and hold harmless
SalonServices.net, and its parent corporation and affiliates and their
respective officers, employees and agents, and each of
SalonServices.net's website partners, from any and all claims, demands,
damages, costs, and liabilities including reasonable attorneys' fees,
made by any third party due to or arising out of that user's acts or
omissions, including claims arising out of that user's use of the
SalonServices.net Sites; his or her submission, posting or transmission
of Content or his or her violation of the Terms.
EACH USER'S USE
OF THE SalonServices.net SITES IS AT HIS OR HER SOLE RISK. THE
SalonServices.net SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND SalonServices.net ASSUMES NO RESPONSIBILITY FOR THE
TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SalonServices.net
EXPRESSLY DISCLAIMS 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.
SPECIFICALLY, SalonServices.net MAKES NO WARRANTY THAT (i) THE
SalonServices.net SITES OR ANY SERVICE THEREON WILL MEET YOUR
REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER
EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF SalonServices.net'S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, SalonServices.net SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SalonServices.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY SalonServices.net
SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SalonServices.net
SITES; OR ANY OTHER MATTER RELATING TO THE SalonServices.net SITES. IN
NO EVENT SHALL SalonServices.net'S TOTAL CUMULATIVE LIABILITY TO ANY
USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED
$1,000.00. 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. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY,
PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE
RELATIONSHIP OF ANY KIND BETWEEN SalonServices.net AND ANY USER OR OTHER
PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY
THIRD PARTY. AS NOTED ABOVE, SalonServices.net DOES NOT AND CANNOT
CONTROL THE ACTIONS OF SalonServices.net SITE USERS, VISITORS OR LINKED
THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES
TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE
CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SalonServices.net SITES.
OPERATION OF SalonServices.net SITES MAY BE SUBJECT TO INTERFERENCE FROM
NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE
MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY
TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS
OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO
ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY
ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR,
NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SalonServices.net.
SalonServices.net respects the intellectual property
rights of others, and requires that the people who use the
SalonServices.net Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you believe
that your work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing
our copyright agent with the following information in writing:
(1) the
electronic or physical signature of the owner of the copyright or the
person authorized to act on the owner's behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit SalonServices.net to locate
the material, including the full URL.
(4) your name,
address, telephone number, and email address.
(5) a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(6) a
statement, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If
SalonServices.net receives such a claim, SalonServices.net reserves the
right to refuse or delete Content as described under Section 5 hereto,
or to terminate a user's account in accordance with Section 9.
Our designated
agent to receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 ("DMCA") is Rick Houston, 400
Shearer Blvd, Cocoa, FL 32922
After receiving
a claim of infringement, SalonServices.net will process and investigate
notices of alleged infringement and will take appropriate actions under
the DMCA and other applicable intellectual property laws. Upon receipt
of notices complying or substantially complying with the DMCA,
SalonServices.net will act expeditiously to remove or disable access to
any material claimed to be infringing or claimed to be the subject of
infringing activity, and will act expeditiously to remove or disable
access to any reference or link to material or activity that is claimed
to be infringing. SalonServices.net will take reasonable steps to
expeditiously notify the subscriber that it has removed or disabled
access to such material.
Upon receipt of
a proper counter notification under the DMCA, SalonServices.net will
promptly provide the person who provided the initial notification of
claimed infringement with a copy of the counter notification and inform
that person that it will replace the removed material or cease disabling
access to it in ten (10) to fourteen (14) business days. Additionally,
SalonServices.net will replace the removed material and cease disabling
access to it ten (10) to fourteen (14) business days following receipt
of the counter notice, unless SalonServices.net's designated agent first
receives notice from the person who submitted the initial notification
that such person has filed an action seeking a court order to restrain
the subscriber from engaging in infringing activity relating to the
material on the SalonServices.net system or network.
You may provide
us with a counter notification by providing our copyright agent the
following information in writing:
(1) your
physical or electronic signature;
(2)
identification of the material that has been removed or to which access
has been disabled, and the location at which the material appeared
before it was removed or access to it was disabled, including the full
URL;
(3) a statement
under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled;
(4) your name,
address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in
which your address is located, or if your address is outside of the
United States, for any judicial district in which SalonServices.net may
be found and that you will accept service of process from the person who
provided the initial notification of infringement.
The Terms constitute the entire agreement between each
user and SalonServices.net and govern each user's use of
SalonServices.net Sites, superseding any prior agreements. Each user may
be subject to additional terms and conditions that may apply when that
user uses affiliate services, third party content or third party
software. The Terms and the relationship between each user and
SalonServices.net shall be governed by the laws of the State of
California without regard to its conflict of law provisions and each
party shall submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California . If any
provision of the Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect.
Please report any violations of the Terms (except for
claims of intellectual property infringement) to the SalonServices.net
Site Director at
rick@tanningonline.com
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