Terms of Service
January 1st, 2017
Thank you for using Hairvii, operated by Hairvii, Inc., a Delaware corporation
Hairvii is a premier web and mobile application for on-demand hair services that connects clients with licensed mobile barbers and hairstylists.
“Advertisers” means any approved advertiser(s) that promote their goods and/or services as approved by Hairvii. Advertisers shall be subject to these Terms and Conditions as applicable.
“Affiliate” means any entity and/or related subsidiary that are under common control of Hairvii, whether directly or indirectly, via any number of intermediaries as determined by Hairvii.
“Client” means any authorized User that is validly registered through the Site (as determined by Hairvii) and seeks to obtain in-home hair and/or beauty services from another duly authorized User known as a Provider.
“Engagement” means the accepted service relationship between a Provider and a Client as governed by the Service Contract on the Site.
“Provider” or “Provider User(s)” means any validly registered and authorized User utilizing the Site for the promotion, advertisement, and provision of Services to Clients on the Site.
“Provider Fees” means: A Fixed-Price Contract—The fixed dollar fee agreed upon between Client and Provider for a specific Service Contract.
“Payment Method” means any valid credit card or related payment option issued by a bank and approved by Hairvii, Stripe, debit card, bank account linked to your Hairvii Account, or any other form or method of payment as determined by Hairvii in its sole discretion.
“Reservation(s)” shall mean an appointment for Provider services that may be subject to credit card pre-authorization policies, cancellation fees, and missed appointment fees.
“Service Contract” shall mean the contract terms and conditions between a Client and Provider for the specific Engagement of Provider Services, i.e. namely hair and beauty related services.
“User Content” any User information whatsoever that is transmitted through the Site without limitation. Examples include but are not limited to text, photos, images, data files, video, music, comments, etc.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by Hairvii are only available to individuals 18 years or older.
B. Use Eligibility and Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulations. The Provider Services are offered only for business purposes and your registration indicates your representation that you have an independent business (irrespective of corporate entity type) and are electing to use our Services for that express purpose. You acknowledge and understand that any licensing or registration requirements by the appropriate jurisdictions(s) governing your business are your sole responsibility.
C. User Accounts and Devices. Hairvii reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. Hairvii’s services and its related features may not be available in all languages and/or all countries. Given this possibility, Hairvii makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. Hairvii reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. Hairvii will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to Hairvii’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services. Additionally, Hairvii reserves the right in its sole discretion to service all records associated with service accounts.
2. SERVICE FEATURES
A. Location Based Information. In order to offer best-in-class services, Hairvii and its partners and/or licensors may provide features or services that rely upon location based data for your devices. These provided features or services require Hairvii and its partners and/or licensors to collect, use, transmit, maintain and process your location data. In order to utilize these GPS location based information services, users must adjust their device settings to allow location sharing in order to engage in the provided services.
You may elect to withdraw consent from Hairvii and its partners and/or licensors from the collection, use, transmission, maintenance and processing of your location data by changing the geo-location settings on your particular device. In the event you would like to remove all collection information, you may do so by uninstalling our services application by initiating the uninstall processes specific to your device anleting your user account.
A. BACKUP. As part of its current backup protocol, Hairvii creates regular backups for user data and content. However, even with reasonable skill and careful backup measures HAIRVII DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AS SUCH, HAIRVII WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOUR CONTENT. You acknowledge and agree that you are responsible to maintain proper backup measures for your content and related data.
3. Hairvii Use of Services
A. Account Registration. In order to enjoy the Hairvii services, you must become a registered user by establishing a valid Account. For Providers, you expressly consent to the provisions in Section 5 below as a registration requirement. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify Hairvii immediately. Although Hairvii will exercise reasonable care with respect to our security protocols, Hairvii is not personally responsible for losses that may arise from the unauthorized use of your Account.
You agree to use the log in authentication process as defined by Hairvii. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
You agree to complete a User profile (“Profile”) which you expressly consent to be shown and displayed to other Users and the public at large. Provider Users represent and warrant that the use of their Profile is to market your business to others using our platform for the sole purpose of entering into independent contractor relationships with other Site Users. You represent and warrant that the information you provide to us and other Users of the Services are true, accurate, complete, and will be updated regularly. Any false or misleading Profile information is subject to removal and Account cancellation at the sole discretion of Hairvii.
In order to preserve the integrity of our platform, you agree that your account will be subject to periodic verification by us and/or any third-party we employ to verify your business identify and its legal status. Upon the verification information evaluated by us, we may ask you for additional information to support your legal business status. If you choose to not comply with our inquiry, then Hairvii reserves the right to terminate your Account without exception subject to all payment conditions in Section 12 below.
B. No Survivorship Rights. Unless required by law, you agree and acknowledge that your Hairvii Account is non-transferable and any rights to your Hairvii Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact Hairvii Support at firstname.lastname@example.org for additional assistance.
C. No Resale of Hairvii Services. You agree and acknowledge that the Hairvii Services are proprietary and subject to intellectual property protection. Given this understanding, you agree to refrain from copying, reproducing, selling, reselling, duplicating, trading, or renting the Services (or any part or component thereof) for any purpose whatsoever.
4. User Content and Conduct.
A. Content. For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text, graphics, data files, music, videos, voice recordings, sounds, messages, and device characteristics. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, Hairvii does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). Hairvii reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by Hairvii (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) create or submit any unwanted email, comments, likes or other forms of commercial or harassing communications such as “spam” to any Hairvii users;
7) use domain names or web URLs in your username without prior written consent from Hairvii;
8) create accounts with the Services through unauthorized means, including but not limited to using automated script, bot, device, spider, scraper or crawler;
9) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement;
10) self promote any business enterprise or affiliation without Hairvii’s express written consent.
C. Content Removal. Hairvii does not claim any responsibility for the Content that others may provide nor is Hairvii bound to pre-screen all Content submitted via the Services. However, Hairvii reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Content Backup. Although Hairvii makes reasonable efforts to provide proper care and skill in delivering its services, Hairvii does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
E. Access to User Account and Content. Hairvii intends to enforce this Agreement to the full extent provided by law. As part of that process, Hairvii reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that Hairvii has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that Hairvii believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of Hairvii, its users, a third party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act. Hairvii makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at email@example.com
G. Agreement Violations. In order to provide a harmonious environment for our users, Hairvii makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at firstname.lastname@example.org
H. User Submitted Content via Hairvii Services
1. License from User to Hairvii. Hairvii does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. However, Hairvii does claim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant Hairvii a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to Hairvii is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
2. Content Changes. The Hairvii services require the ability to transmit your Content across various forms of networks and media. In order to accomplish this capability, Hairvii may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices. You agree and consent to Hairvii making these necessary Content changes.
3. Advertisement(s) and Your Submitted Content. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Hairvii may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. Approved Advertisers must register according to the Terms and Conditions of the Site.
a. Advertiser Rates. All advertisement rates are subject to Hairvii’s then current pricing located at http://hairvii.com/advertisers/plan.
4. User Feedback. As part of the platform that Hairvii provides to its community of Users, provider feedback is a vital part of User success on our online marketplace. As a result, the comments, feedback, remarks, and ratings by Users of the services provided are completely independent from Hairvii and we do not monitor or censor these opinions. Since this is a business forum, you agree and acknowledge that any of the feedback concerning a User relates only to the specific User Profile and in no way related to any individual person. Consequently, Hairvii is not legally responsible for the comments, feedback, or remarks posted or uploaded to our Site(s) by any User, third party whatsoever. However, in order to promote a harmonious platform, any abusive or harassing behavior resulting from User feedback may be reported to Hairvii and we will independently evaluate the facts and circumstances and decide whether said feedback should be removed.
5. Trademark(s). Hairvii and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of Hairvii in the US and abroad where applicable. Hairvii does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the Hairvii marks contained in any portion of the services.
5. Site Purpose and Specific Site Services.
The Site is a unique platform whereby Clients and Providers can identify each other and determine whether to engage a Provider’s services online. The Site merely acts as a conduit for Clients and Providers to independently evaluate whether they would like to engage a particular Client or Provider for the purpose of entering a Service Contract. Upon entering a Service Contract, Users elect to use the Site as a mechanism to engage, communicate, and pay for the agreed upon services.
A. Specific Site Services for Clients. The Site provides a platform whereby a Client may evaluate, research, and eventually engage a Provider for in-home hair and beauty services, and at some point as determined in the Company’s sole discretion, contract these services in a commercial setting.
1. Limited Background Check. In order to help Clients evaluate a potential Provider, the Site requires each Provider to submit to a background check by a third party vendor, as selected by Hairvii, before becoming eligible to register as a Site Provider. However, despite Hairvii’s efforts to use third party background check vendors, these efforts and results do not replace a Client’s own due diligence efforts in selecting an appropriate Provider. You agree to use your best judgment, independent analysis, and common sense in engaging a service Provider and do so at your own risk. As a Provider’s services may be offered on an in-home basis, you agree to use independent judgment in protecting your personal safety and property.
2. Client Representation. By the same token, Clients represent and warrant that services provided in their home or a personal residence will be conducted in a safe manner and that they will ensure the safety of the Provider. Client agrees to maintain safe control of the premises by providing an environment free from danger, harm, and/or or jeopardy to the Provider.
B. Specific Site Services for Providers. Hairvii provides a platform whereby Providers can connect with Clients in order to provide hair and beauty related services on an in-home basis.
1. Consent to Mandatory Background Check. In order to qualify as an approved Provider, you expressly agree and consent to a background check selected by a vendor in Hairvii’s sole discretion. Presently, Hairvii has selected Accurate Background as its background check vendor. As such, you agree to be bound by their terms and conditions located at https://accuratebackground.com. Once you have been approved via the background check and have paid all associated fees, expense, and subscription amount(s), you will be authorized by the Site to provide services through the Site. Failure to abide by any of these terms shall result in the inability to Provide services through the Site.
2. Provider Payment Fees. In order to be eligible to provide professional services through the Site, you agree to the then current Subscription Fees (“Subscription Fees”) as published here, online, and/or through any independent agreements between you and Hairvii. All fees, including registration fees, are non-refundable and non-transferable unless expressly provided for in this Agreement.
a. Billing Cycle. The Subscription cycle starts on the day you sign up for a Subscription and submit payment. Each subscription plan may be selected on a Provider’s personal dashboard and will automatically renew as a recurring bill according to the plan selected until we elect to terminate the Subscription, or you elect to cancel the renewal subscription plan through your personal dashboard. You acknowledge and agree to be bound by the billing terms of this Agreement.
b. Subscription Prices. Hairvii retains the exclusive right in its sole discretion to make periodic adjustments to the then current Subscription prices including any priority listing fee(s). These changes will be implemented immediately on your next billing cycle. You agree to these anticipated price changes and authorize to make the necessary billing adjustments as necessary. In the event you elect to revoke your consent to this authorization, please contact us at email@example.com
c. Subscription Cancellation. In the event you elect to terminate your Subscription plan, you will not incur any recurring billing for the selected subscription plan, you will not incur any recurring billing for the selected subscription plan provided you cancel your subscription through your personal dashboard prior to the next billing cycle. Although you have the freedom to cancel your subscription(s) through your personal dashboard, in the event you should have any questions and/or concerns about our cancellation policies, please feel free to contact us at firstname.lastname@example.org
d. Commission(s). All appointments booked by Provider through the Hairvii platform are subject to commissions paid to Hairvii. The current commission paid to Hairvii by Provider only for the first appointment booked with a new client is 30% and 30% commission onwards for lifetime appointments booked with the same client. The commission fees will also be applied during the free membership trial periods.
C. Third Party Payment Provider. In order to facilitate the payment process for a particular Service Contract and subject to Section 8 of this Agreement, Hairvii uses a third party payment provider in order to receive, hold, or deliver payment to the appropriate Site User. The third party payment provider has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, they make use of best-in-class security tools and practices to maintain a high level of security for all payment transactions. Depending on the nature of the account, you expressly authorize and instruct Hairvii, or any third-party payment provider determined and/or appointed solely by Hairvii, to hold, receive, and distribute the funds for each Service Contract as provided by their specific terms.
6. Contractual Rights Between Client and Provider.
A. Service Contracts. You agree and acknowledge that Hairvii is not a party to any Service Contract. Rather, you acknowledge and agree that the Service Contracts only apply to the terms and conditions of the engagement between a Client and Provider.
7. Appointment Completion, Payment, and Cancellation Policy.
A. Appointment Completion Notification. In order to ensure a smooth delivery of services between Client and Provider, both parties agree to utilize the Site’s two-way appointment completion confirmation. Each party agrees to provide truthful appointment completion verification through the Site. Additionally, Provider acknowledges and understands that many available appointments may be within a 30-mile radius of a Provider’s location. As such, Provider(s) agree to use best efforts to provide services within this 30-mile radius.
1. Customer Completion. In the event only the customer marks the appointment as completed, the Site will automatically consider the appointment complete and charge the client’s payment card in accordance with the Terms and Conditions herein.
2. Service Provider Completion. In the event only the service provider marks the appointment as complete without client confirmation, the Site will consider the appointment complete after 24 hours. If the client does not contact the Site provider at email@example.com within 24 hours, then no refund will be provided.
3. No Appointment Completion. In the event neither party confirms appointment completion within 48 hours, the Site will automatically consider the appointment complete and will charge the Client’s payment method immediately without any subsequent refund.
4. Provider Cancellation(s). In efforts to maintain a quality service on the Hairvii platform, a service provider's account will be placed under a review for a possible account suspension if they have too many appointment cancellations within a short period of time. Hairvii reserves the sole discretion to determine excessive appointment cancellations for a given time period.
B. Appointment Cancellation Policy. Appointment cancellations that are not verified through the Site within 24 hours of Appointment start time are subject to a non-refundable cancellation fee. In the event a provider does not show for provision of services, a client will not be charged for the services. If Service Provider fails to cancel the appoinment, then a client may request a refund by contacting us at firstname.lastname@example.org. Cancellation fees are located at each Service Provider's Cancellation Policy listed on thier profile.
C. Provider Payment Disbursement(s). Hairvii disburses funds to Providers for a specific engagement after verification of appointment completion. Hairvii will make best efforts to disburse the funds as soon as reasonably possible.
In the event it is determined by Hairvii that you have violated the conditions and restrictions of the Site or Terms of Service, Hairvii may hold the disbursement of Provider Fees. Additionally, we may hold disbursement of your fees if (1) government imposed tax information requirements or related identification; (3) good faith belief to suspect fraud; (4) we have reasonable belief that the Service Contract terms have not been fully satisfied or performed by the Provider; and (5) required by applicable law.
Upon information and belief that your Service Contract is subject to fraud, abuse, violation of these Terms of Service, etc. we reserve the right to hold and reclaim any fees due Hairvii from the Provider via their associated Provider account without limitation. You acknowledge and agree that we have the right to seek reimbursement against your Provider Account if we suspect fraud, abuse, or any criminal activity whatsoever associated with your payment, account, or engagement.
D. Client Non-Payment. In the event Client fails to pay for any Provider Fees or amounts due under the Terms of Service by any means whatsoever (including but not limited to improper chargebacks, cancelling their Account registered credit or debit card), we may suspend or close Client’s account immediately and disallow Client from using any of the Site services. In the event that Client does not make appropriate payment(s) to Hairvii upon demand, we reserve the right to set off any amounts due against other amounts received from or held by Hairvii for Client. This remedy does not preclude Hairvii from seeking any other remedy in law or equity without limitation.
8. Payment Terms and Conditions. For Service Contracts on our platform, Clients and Providers are charged payment processing fees, no show fees, registration fees, membership fees, advertising fees, priority listing fees, and associated administration costs as outlined in each User’s personal dashboard and as updated in Hairvii’s sole discretion. All said fees are non-refundable.
A. Client Obligations. In order to utilize particular Site Services, Client(s) must provide appropriate information for at least one payment method as determined by Hairvii. In turn, Client(s) authorize Hairvii to place credit card authorizations on all Client provided credit cards, store credit card and related banking information for Site Services, and to charge Client’s credit cards or other Hairvii approved payment method.
Client’s engagement of a Provider for a Service Contract, authorizes Hairvii to charge Client’s credit card or approved payment method for the agreed upon contract price.
Payment method information such as credit and debit card information submitted by Client(s), indicate a warranty and representation that: (1) Client is legally authorized to submit such payment method information to Hairvii; (2) Client’s submission of payment information does not conflict and/or violate the Hairvii terms of service nor does it conflict with any applicable law(s).
B. Provider Obligations. As a service benefit to Providers, Hairvii will disburse appropriate funds to Provider upon verified completion of service contracts. Consequently, Provider authorizes us to hold, receive, verify, and disburse funds on your behalf.
1. Use of Third Party Payment Service. In order to provide a seamless payment system to Providers for services rendered, Hairvii offers a third party payment (“TPP”) service to registered Users. Hairvii holds sole discretion in selecting an appropriate TPP. As part of this offering, Provider agrees and accepts the TPP terms and conditions as a prerequisite to use Hairvii as a Provider User. In turn, Providers may be subject to registration requirements, acceptance of TPP terms and conditions, and any ancillary due diligence requirements mandated by the TPP. Currently, the TPP Account Agreement and Terms of Service between Provider and the TPP retained by Hairvii are available for review at https://stripe.com/us/connect-account/legal
2. Taxes. You are responsible for determining, collecting, and paying all applicable state and federal taxes where applicable. In turn, you assume full responsibility for collecting, withholding, elections, reporting, etc. to the proper tax authorities. The Site is not responsible or obligated to provide any tax advice, consulting, or related services. The Site expressly disclaims any tax liability whatsoever.
3. Chargebacks and Refunds. For any amount(s) that result in a Chargeback, you agree that we may withhold the amount from your reserve account. Subject to the Terms and Conditions of this Agreement, any Client refunds for your services shall be subject to withdrawal from your reserve account and you expressly authorize Hairvii to reconcile these transactions.
9. Terms Governing Service Contracts. Users acknowledge and consent to the contractual provisions of the Service Contract on this Site to govern the relationship between Provider and Client. Any changes or modifications to the Service Contract must have the consent of both parties.
A. Performance of Services. Provider agrees to perform all contracted services in a professional manner consistent with the standards for similarly provided services. Furthermore, Provider warrants and represents that it currently maintains all licensing standards and/or certifications necessary to Provide services in a given territory. Currently, Hairvii is a platform serving only professionally licensed barbers and hairstylists. Provider warrants that all services provided are under their specific control or delegation. Provider represents and warrants that all of their duties and obligations arising under the Service Contract remain uniquely theirs and may not be excused by delegating any Provider tasks to any third party whatsoever.
B. Provider Acknowledgment. Provider acknowledges and understands that they are in an independent contractor relationship with Client under the terms of the Service Contract. As such, Provider acknowledges and understands that there is no employment relationship or independent contractor relationship between Provider and Hairvii or between Client and Hairvii.
C. Dispute Resolution. Users agree to abide by the Terms and Conditions of this Agreement and covenant to operate in good faith in fulfilling their respective duties. In the event that the parties cannot resolve a dispute on their own, then the parties consent and authorize the Site to exert its best efforts to remedy any conflict arising under the Terms of the Agreement.
D. Terminating a Service Contract. A service contract may be terminated in accordance with the Cancellation Policies in Section 7 above.
10. Hairvii’s Relationship To The Parties. Hairvii’s community platform is merely a conduit for well-informed, independent, and selective individuals who may decide to contract for services. In that, Hairvii is not a party to the Service Agreements between a Provider and Client. Rather, Providers and Clients are free to use our online platform to inquire, shop for, and make independent decisions in selecting a Provider or Client. Each Provider or Client is free to choose the entity they want to engage in a Service Contract and both Parties are responsible for the representations they make, the hours they work, locations they work from, and the fee setting for any Service Contract on the Hairvii platform.
Based on the independent nature between the contracting parties under a Service Contract, Hairvii makes no representations about nor does it qualify or guarantee the work quality of Providers, the ability of the Client to pay for contracted services, or that a Service Contract will be completed in its entirety.
Providers and Clients assume all tax, unemployment, and social security withholding responsibilities in their respective jurisdictions and expressly acknowledge that Hairvii is not responsible for these withholdings nor does Hairvii deduct any payment(s) and/or tips from the Service Contract or associated Site Fees for these withholdings.
11. Hairvii Site Software
A. Hairvii’s Proprietary Rights. As a condition to using Hairvii’s services, you acknowledge and agree that Hairvii and/or its licensors own all legal right, title, and interest to the Services. By way of example, these rights include but are not limited to the following: Hairvii graphics, user interface, scripts and software used to implement the services, and any software that Hairvii may provide you with in connection to the services. The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist. You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement.
B. License from Hairvii. THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.
C. Export Control(s). The use of the services may be subject to import and export laws of the United States and other countries. You agree and acknowledge that you will comply with all import and export laws and regulation. Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Department’s List or Entity List. As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list. This assurance and communication shall survive termination of this Agreement.
D. Update(s). In order to ensure a proper user experience of the services, Hairvii may make regular software updates from time to time. The updates may include new software versions, bug fixes, and feature enhancements or improvements.
A. User Termination. You may delete your user account and stop using the Hairvii services at any time.
B. Hairvii Termination. Hairvii may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by Hairvii shall be made in its sole discretion and Hairvii will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by Hairvii, all data and information stored via your account shall be deleted.
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Provider Services performed prior to the Effective Date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, Client hereby authorizes Hairvii to charge to its Payment Method pursuant to Section 8 (Payment Terms). For example termination shall also include all registration fees, membership fees, advertising fees, priority listing fees, and associated administration costs as outlined in each User’s personal dashboard and as updated in Hairvii’s sole discretion. All said fees are non-refundable.
13. Links and Third Party Materials. As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that Hairvii shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
14. Disclaimer of Warranties; Liability Limitation
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, HAIRVII MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
HAIRVII DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT HAIRVII MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY HAIRVII ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, HAIRVII AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, 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 NON-INFRINGEMENT.
HAIRVII DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. HAIRVII DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, HAIRVII MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAIRVII AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF HAIRVII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold Hairvii and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Hairvii determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
15. General Provisions
A. Notice(s). As part of our regular update policies, Hairvii may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us or postings made to our application product.
B. Governing Law. This Agreement between you and Hairvii shall be governed by the laws of the State of Texas excluding its personal conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Dallas County, Texas, to resolve all disputes, claims, or allegations arising from this Agreement
C. Binding Arbitration. In order to resolve all disputes arising out of the Agreement, Users and Hairvii agree to binding arbitration. Any and all disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association then in effect. The arbitration shall take place in Dallas County, Texas, and both User and Hairvii agree to submit to the jurisdiction of the arbitrator selected in accordance with American Arbitration Association rules and procedures. User and Hairvii agree that the arbitration procedure provided for in this section will be the exclusive avenue of redress for any disputes relating to or arising from this Agreement, and that the award of the arbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrator deems appropriate. The arbitrator shall also have discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action under this provision. The costs and expenses relating to the arbitration proceeding itself, including the fees of the arbitrator, shall be borne by each respective party.
D. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and Hairvii. This Agreement governs your use of Hairvii services and replaces any other prior agreements between you and Hairvii in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If Hairvii does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
E. Hairvii as defined by this Agreement:
3010 LBJ Freeway, Suite 1200
Dallas, Texas 75234
United States of America
F. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO HAIRVII ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with Hairvii, you accept full responsibility for installing required hardware and software.
© 2017 Hairvii, Inc. All Rights Reserved.
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