Binding contract between you and SalonYourWay:
Thank you for visiting the SalonYourWay website hair stylist business platform (“Site”) and your desire to become a SalonYourWay Referral Partner. We request you read the terms and conditions carefully as your use of our website and services is an explicit acceptance thereof and is a binding contract between us. If you do not agree with all of the following terms and conditions, please do not use this site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time to which you are bound. Such changes and/or modifications shall become effective immediately upon the posting thereof. YOU means the user of the site. WE or OUR means SalonYourWay and its employees and officers.
SalonYourWay Partners shall be defined as Hair Stylists that sign up to use the SalonYourWay Site and/or accept referrals of customers, prospective or otherwise.
SalonYourWay Referees shall be defined as customers (prospective or otherwise) of SalonYourWay Partners who use the SalonYourWay site. Individuals may be both SalonYourWay Partners or SalonYourWay Referees.
USE OF THE SITE AND ASSOCIATED SERVICES:
We will not tolerate the use of our site or services for illegal or immoral purposes. As this is our Site, what we believe is immoral is in our sole discretion and we reserve the right to ban any use which we believe crosses our boundaries of what we believe is decent. As a general guideline we will not tolerate the use of the site to illicit illegal actions or postings that promote drugs or bad or illegal acts or sites. We may, also at our sole discretion decide we do not want to do business with you and may cease providing service to you.
If you file suit against us for more then you will responsible for our attorney’s fees and costs. You specifically agree to the terms in this paragraph as well.
Terms for SalonYourWay Referees:
YOU warrant that there will be no passing of business cards or contact information, or making contact with SalonYourWay Partners through any other channel
for direct bookings, not through SalonYourWay.
YOU warrant that you will be respectful to SalonYourWay Partners and provide them with a safe and comfortable environment within your dwelling.
OWNERSHIP OF INTELLECTUAL PROPERTY:
All software, design, text, photographs, images, illustrations, audio, video, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks, trade names, trade dress, look and feel, patentable material and other Intellectual Property on the SalonYourWay site or servers, created by SalonYourWay staff, derived from the SalonYourWay site or submitted to the SalonYourWay site are owned by SalonYourWay and or its subsidiaries, affiliates or assigns, licensors or other owners. You agree not to disassemble, decompile, reverse engineer or otherwise modify our IP or our website. You agree to not use SalonYourWay trademarks, logos or slogans without written permission from an officer of SalonYourWay or as specifically provided to you as a SalonYourWay member. You agree to not use any of our other intellectual property without written permission from an officer of SalonYourWay. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
You agree to not use our Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair our site. We may terminate your access to the SalonYourWay site at any time with or without cause. SalonYourWay shall not be liable to user or any other party for termination of the services or refusal to refer clients to YOU. All terms found herein are non-negotiable. If any conflict exists between these terms & conditions and any other rules prorogated on our site, SalonYourWay shall have the right to decide which shall govern.
SalonYourWay is a service provider as pertaining to any content posted by a third party whether it is YOU, another SalonYourWay Partner or user under the terms of the Digital Millennium Copyright Act U.S. Code Title 17 § 512 (DMCA) and as such will follow the terms of that statute WHEN EVER (including, but not limited to: copyright claims, trademark claims, patent claims, unjust enrichment claims, breach of contract claims, trade secret claims, etc) a third party makes a claim of infringement. You, user hereby specifically agree to these terms and agree that We are not liable for any losses of any sort for our filing these terms. Further, You indemnify US for any damages, losses, attorney’s fees or any other monetary or non-monetary losses due to a third parties’ claim(s) or Your actions.
NOTE to Third Parties: YOU MUST or we will take NO ACTION
- Please use at least 2 of the above notification methods and more if you need action taken quickly.
- Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identify the right that has been infringed.
- The location on our client’s site that the infringement of that right has occurred and exactly what you want removed or taken down.
- Information reasonably sufficient to permit us to contact you, the third party.
- A statement that you or the third party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Knowing misrepresentation of any of the above facts shall make the third party liable for all damages to us and our client including costs and attorney’s fees. If all of the above terms have been followed exactly then we will:
- Take down, remove or disable the complained of material.
- Notify our client why the material was taken down and provide our client with a copy of the third parties complaint.
- If we receive a counter notification as described below we will
a. Send counter notification to the third party or third party representative; and
b. put back up / re-enable the complained of material between 10 to 14 business days after receipt unless; UNLESS
c. We receive notice from the third party or their representative that an action has been filed seeking a court order restraining the use of the complained of material.
Counter Notification: For it to be effective it must be a written communication including:
- A physical or electronic signature of the subscriber.
- 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.
- A statement under penalty of perjury that the subscriber has 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.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Term and Termination: We may cancel your account and cease sending referrals at any time for any reason. If you wish to terminate or place your account on hold, you must notify us via the SalonYourWay platform and do so at least one week (five (5) business days) prior to your no longer accepting referrals. Failure to notify us of such termination or placing your account on hold means we may retain any earnings owed to you as a penalty for this failure.
Headings: The article and section headings and the table of contents are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
Assignment: YOU may not assign this agreement without written permission of an offer of SalonYourWay.
IP: Nothing in this agreement shall constitute the assignment of any patents, trademarks, copyrights, trade secrets or other intellectual property from us to you. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
Waiver: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Four Corners: This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. Choice of Law, Jurisdiction & Venue: This Agreement shall be governed by, and construed in accordance with the laws of New York, US and all disputes shall be venued in New York, New York. It shall be deemed that this click through contract has been signed in New York, New York. Third Party Beneficiaries: This Agreement shall be binding on each party and their respective successors and assigns. Review: When reviewing this agreement it shall be deemed that you have had it review by an attorney of your choice and that both parties drafted it equally. We reserve the right to change this agreement whenever we like. Force Majeure: Neither party shall be liable, or be deemed to be in default, to the other party hereunder by reason or on account of any delay or omission caused by epidemic, fire, power outages, action of the elements, strikes, lockouts, labor disputes, governmental law, regulations, ordinances, order of a court of competent jurisdiction, executive decree or order, act of God or public enemy, war, riot, civil commotion, earthquake, flood, accident, explosion, casualty, embargo or any other cause beyond the control of such party, or any act, delay or omission not due to the negligence or default of such party. The time of performance for each party’s obligations under this Agreement shall be extended by such period of enforced delay; provided, however, that in the event such period of extended delay exceeds six (6) months in respect of a party, the other party may terminate this Agreement upon notice to such party.
Consents, Approvals and Requests: Unless otherwise specified in this Agreement, all consents, approvals, acceptances or similar actions to be given by either party under this Agreement shall not be unreasonably withheld and each party shall make only reasonable requests under this Agreement.
New Agreements: A new agreement shall be effective when posted on the website and you will be bound by the new terms at that time. You agree to review this agreement from time to time to ensure you are following all of its terms.
Thank you very much for your time reading this binding.