Terms of Service

Updated: March 7, 2018

These Terms of Service (the “Terms of Service” or “Agreement”) govern the use of the mobile and internet-based services, business tools offered by SalonPick LLC (the “Company,” “SalonPick,” “we” or “us”) at and through the website SalonPick.com (the “Website”) and through mobile applications (such services, applications and the Website are collectively referred to as the “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN SALONPICK AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.

STATEMENT CONCERNING ACCEPTANCE OF TERMS

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.

The SalonPick Service


SalonPick is a platform that connects stylists and professionals (“Professionals”) providing hair, beauty and other health and wellness services (“Styling services”) with clients seeking such service (“Clients” or “you”). The Professionals and Clients are both users of the Services provided by SalonPick and are hereinafter referred to collectively as “Users.”
SalonPick solely provides a platform for Professionals and Clients to connect and serves only to facilitate the provision of Styling services.

SalonPick does not provide or contract for Styling services and Professionals and Clients contract independently for the provision of Styling services. Each Client is solely responsible for selecting the Professional, the Styling services to be provided and the location at which Styling services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Styling services or by a Professional to provide Styling services is a decision made in such person’s sole discretion.

SalonPick does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients.

SalonPick makes no representations or warranties whatsoever with respect to Styling services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. For the purpose of this Terms of Service, the term Services shall mean those functions for which the Application is designed.

You understand that SalonPick does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. SalonPick does not verify of confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Styling services on the Services. SalonPick does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.

SalonPick Accounts


Account Registration


By creating an account with SalonPick (an “Account”), you are granted a right to use the Services provided by SalonPick subject to the restrictions set forth in these Terms of Service and in the Privacy Policy the terms of which are incorporated herein and is a part of these Terms of Service) and any other restrictions stipulated to you by us in writing. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by SalonPick (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

Account ID


Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs”). You must use your true and accurate identity when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).

Your Account


You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

Linking Your Account


As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing SalonPick to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to SalonPick and/or grant SalonPick access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating SalonPick to pay any fees or making SalonPick subject to any usage limitations imposed by such third party service providers. By granting SalonPick access to any Third Party Accounts, you understand that (i) SalonPick may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) SalonPick may submit to and receive additional information from your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be user submissions for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or SalonPick’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. Notwithstanding anything contained herein, SalonPick makes no representation regarding the compatibility of SalonPick accounts and services with third-party platforms.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

SalonPick makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and SalonPick is not responsible for any SNS Content. The Services may contain links to third party websites that are not owned or controlled by SalonPick. SalonPick has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SalonPick will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve SalonPick from any and all liability arising from your use of any third-party website. You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to support@salonpick.com, SalonPick will deactivate the connection between the SalonPick Services and your Third Party Account and delete any information stored on SalonPick’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.

Termination of Accounts


Right to Terminate


SalonPick reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and your Account if you (a) have violated the terms of this Agreement, any other agreement you have with SalonPick, or SalonPick’s policies or (b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

Termination Effects


If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that SalonPick shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

SalonPick is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release SalonPick from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify SalonPick of any Fraudulent Actions which may affect the Services. SalonPick reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

Service Use and Limitations and Changes to the Services.

We may change, modify, suspend, or discontinue all or any part of the Services at any time,
with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and SalonPick shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. SalonPick has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.

When you publish content or information using the “public” setting, it means that everyone, including people outside of the SalonPick community, will have access to that information and we may not have control over what they do with it.

We always appreciate your feedback or other suggestions about SalonPick, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). We do our best to keep SalonPick safe and spam free, but can’t guarantee it. In order to help us do so, you agree not to:

– Send or otherwise post unauthorized commercial communications (such as spam) on SalonPick.

– Post third party information or documentation without the authorization of that party.

– Collect Users’ content or information, or otherwise access SalonPick, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

– Engage in unlawful multi-level marketing, such as a pyramid scheme, on SalonPick.

– Upload viruses or other malicious code.

– Solicit login information or Account IDs or access an account belonging to someone else.

– Bully, intimidate, or harass any User.

– Post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

– Develop, advertise or otherwise market alcohol-related or other mature content.

– Use SalonPick to do anything unlawful, misleading, malicious, or discriminatory.

– Do anything that could disable, overburden, or impair the proper working of SalonPick or the Services, such as a denial of service attack.

– Facilitate or encourage any violations of these Terms of Service.

To make sure we are able to provide a service to our Users, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:

– Maintain the accuracy of your Registration Data.

– Maintain the confidentiality of you your Account ID’s

HIPAA Notice


You should not share any protected health information with service providers via the Service. The Service is not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.

Proprietary Rights

The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.

In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to SalonPick, or making available for inclusion in publicly accessible areas of SalonPick, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant SalonPick a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on SalonPick and will terminate at the time such Content is removed from the Services by you or by SalonPick.
You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. SalonPick reserves the right to remove or change any images without notice.

When you delete Content, you understand that such Content may exist in whole or in part in some fashion but will be removed from visible access associated with your account.

Subject to the terms and conditions hereof, Company hereby grants each Professional a limited, revocable, non-sublicensable license to display the logos, trademarks or other design marks of the Company solely for personal, non-commercial use in connection with your use of the Services, promotion of Styling services offered via the Services or other uses expressly permitted by the Company in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Company’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.

Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

The Company reserves the right to remove any Content from the Services, at its sole discretion.

The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its determination, believes have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent via email to copyright@SalonPick.com.

The Company reserves the right to send Clients a newsletter from time to time if they opt-in to receiving one. This communication will be highly targeted based on how each Client uses SalonPick and will be designed to inform Clients of how to get more value from the Services.

As part of the Services, the Company offers Professionals the option to send SMS and email messages to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Professional represents that it has permission from each Client to send SMS and email notifications and that each Professional takes full responsibility for adhering to each Client’s preference with respect to such notifications.

As part of the Services, the Company may send SMS messages to Users using a short code text messaging service. The following guidelines apply to the Company’s short code text messaging service:

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF Styling services. SALONPICK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. SALONPICK IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.

IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR STYLING SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU.

WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER SALONPICK’S CONTROL (SUCH AS THIRDPARTY SERVERS). SALONPICK MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALONPICK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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 NONINFRINGEMENT.

SALONPICK MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SALONPICK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STLYESEAT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability and Release


TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SALONPICK  OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BOIDLY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) STYLING SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

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.

SALONPICK EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE SALONPICK IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY STYLING SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE SALONPICK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF STYLING SERVICES OR OTHERWISE.

Indemnification


You agree to defend, indemnify and hold harmless SalonPick and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) styling services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any thirdparty claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.

Privacy


Our collection of data and information via the Services from Users and others is subject to our Privacy Policy which is available at https://SalonPick.com/privacy/ and is incorporated herein (the “Privacy Policy”). You understand that through your use of the Services that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

Security


SalonPick has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Miscellaneous; Changes


These Terms of Service and all referenced exhibits or policies, including the Privacy Policy, constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service.
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced exhibits or policies, including the Privacy Policy. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

The Company may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and the Company shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Except as stated below, you and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Bristol County, Massachusetts.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.

Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

Disputes

In the event have a claim or otherwise dispute a decision made by SalonPick hereunder, you shall set forth your claim or dispute in writing within ten (10) days of the date the claim arose. If SalonPick fails to respond to the written claim within ten (10) days, you may submit your claim or dispute to arbitration with either JAMS or AAA in Boston, Massachusetts and the matter shall be arbitrated by a single arbitrator.  Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  This provision shall be specifically enforceable by any court of competent jurisdiction.  Further, SalonPick may join you to any arbitration in which you it is involved with a third party. You agree to pay all fees assessed and Awarded by the Arbitrator in a timely manner.