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Reckon System, Inc.
(DBA: FaveSalon and FaveStylist)
Terms of Service for Salons & Stylist Professionals
Updated: Jan 1, 2017
Terms of Service for Salons & Stylist Professionals
These Terms of Service (the "Terms of Service") govern the use of the mobile and internet-based services, business tools offered by Reckon System, Inc. (the DBA "Company," "FaveSalon and FaveStylist," "we" or "us") at and through the website FaveSalon.com and FaveStylist.com (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Services"). The Company's Privacy Policy located at https://www.FaveSalon.com/privacy, as well as any subscription agreements relating to the Services (each, a "Subscription") executed by you ("you" or "Professional") or accepted by you via email or online, and any community guidelines or dispute resolution procedures that the Company may provide, are all considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. In the event of a conflict between these Terms of Service and any Subscription agreement, these Terms of Service will control. Any reference to these Terms of Service shall include and mean a reference to all such incorporated policies, guidelines, programs, schedules and processes. In the event of a conflict between these Terms of Service and the any other terms posted on the Website, the terms of these Terms of Service shall govern, and in the event of a conflict between these Terms of Service and the End User License Agreement in mobile applications (the "EULA"), the terms of the EULA shall govern. These Terms of Service apply to any use of the Services, whether in connection with a Subscription or free trial.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN FAVESALON AND FAVESTYLIST AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. BY EXECUTING A SUBSCRIPTION AGREEMENT, AND/OR 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.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.
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 FaveSalon and FaveStylist Services
FaveSalon and FaveStylist is a platform that connects salons, merchants, stylists and Professionals providing hair, beauty and other health and wellness services ("Beauty Services") with clients seeking such services ("Clients"). The Professionals and Clients are both users of the Services provided by FaveSalon and FaveStylist and are hereinafter referred to collectively as "Users."
Fees and Payment
Fees for the Subscription ("Subscription Fees") are set forth (a) herein, (b) online and/or (c) in a separately executed or accepted Subscription agreement between you and FaveSalon and FaveStylist.
You agree to pay FaveSalon and FaveStylist the Subscription Fees, and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable except for as expressly provided in these Terms of Service. Unless otherwise stated, fees must be paid in advance of each billing period.
Each Professional authorizes us to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional's eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in US dollars. Users of the Service will be liable for any taxes (including VAT, if applicable, required to be paid on the Services provided under the Agreement (other than taxes on the Company's income).
Billing Cycle
Your Subscription starts on the date that you sign up for a Subscription and submit payment. Unless otherwise communicated to you at the time of sign up, each Subscription cycle is one-month in length ("Subscription Period"), and will automatically renew on a monthly basis until we terminate the Subscription, or you notify us via the Services or by email to admin@FaveSalon.com of your decision to terminate your current Subscription. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each month may vary due to promotional offers and/or adding or changing your Subscription plan, and you authorize FaveSalon and FaveStylist to charge you for these varying amounts as necessary.
Subscription Pricing
We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14) days prior notice. Unless we expressly communicate otherwise, any price change to your membership will take effect on your next billing cycle. You must agree to the change in fees to continue to use the Services. To withdraw your consent, you will need to cancel your account by logging into your account and following the cancellation procedures there, or notifying us at admin@FaveSalon.com
FaveSalon and FaveStylist may, from time to time, offer trial memberships which include free or discounted access to the Subscription during the designated trial period. Each trial membership will automatically convert to a regular monthly subscription unless cancelled no more than forty-eight (48) hours prior to the end of your trial period. To cancel your subscription, logon to your account and follow the cancellation procedures indicated there, or email admin@FaveSalon.com
Cancellation of your Subscription
You may terminate your Subscription at any time. If you cancel with more than forty-eight (48) hours notice prior to your next billing cycle, you will not be charged for the next month of the Subscription Service. If you have any questions about your individual billing cycle, please log onto your account to view your billing cycle details, or contact us at admin@FaveSalon.com. You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the then-current monthly subscription cycle. Following cancellation, you will continue to have access to the Subscription Services through the end of your current billing cycle.
Other Fees
FaveSalon and FaveStylist may from time to time, either as a FaveSalon and FaveStylist Program (described in paragraph 7 below) or otherwise, provide certain services to Professionals and/or Clients for an additional fee that would help Professionals grow their business and enable Professionals and Clients to connect more easily
FaveSalon and FaveStylist Platform
FaveSalon and FaveStylist solely provides a platform for Salon, Stylist Professionals and Clients to connect and serves only as a medium to facilitate the provision of Beauty Services. FaveSalon and FaveStylist does not provide or contract for Beauty Services, and Professionals and Clients contract independently for the provision of Beauty Services. Each Client is solely responsible for selecting the Professional, the Beauty Services to be provided and the location at which Beauty 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 Beauty Services or by a Professional to provide Beauty Services is a decision made in such person's sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional's services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, just as they would when interacting with anyone you don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES
FaveSalon and FaveStylist does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. FaveSalon and FaveStylist makes no representations or warranties whatsoever with respect to Beauty 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. You understand that FaveSalon and FaveStylist does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. FaveSalon and FaveStylist does not verify or 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 Beauty Services on the Services. FaveSalon and FaveStylist does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, FaveSalon and FaveStylist may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check and may terminate a Professional based on any information discovered during such background checks and first party interviews.
In connection with certain services, including Beauty Services, for which reservations are made available on the Services, if approved by FaveSalon and FaveStylist, you may require Clients to enter credit card or other payment information, and at your discretion, you may charge fees for reservations, including cancelled and missed appointments, only in accordance with any policy posted on your FaveSalon and FaveStylist page at the time of the Client's booking. While FaveSalon and FaveStylist takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, FaveSalon and FaveStylist is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, a Client's mistaken submission of payment information or submission of erroneous payment information. You agree and represent that you will honor the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client's and FaveSalon and FaveStylist's satisfaction.
Account Registration
By creating an account with FaveSalon and FaveStylist (an "Account"), registering for a Subscription and paying the applicable Subscription Fee, you are granted a right to use the Services provided by FaveSalon and FaveStylist subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal and business information (including information regarding any licensing and registration applicable to you where you provide the Services). You must complete this and other processes to access any funds that you accept through the Services. 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 FaveSalon and FaveStylist (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 advice 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 any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements
Account Username
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 Usernames"). You must use your or your business' true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account Username. Ideally, the Account Username you choose will be a reasonably descriptive name that clearly identifies you or your business. This name will appear on your credit or debit card statement for all payments you accept using the Services. We reserve the right to remove or reclaim any Account Username if we believe, in our sole discretion, the Account Username 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 Username is similar to the trademark and the Account Username does not closely relate to the User's actual name or trademark rights).
Your Account
By creating an Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). The above paragraph is applicable to U.S.-based Users only, and international users are required to comply with applicable international law. You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account Usernames to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account Usernames and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account Usernames, your disclosure of your Account Usernames, or your authorization to allow another person to access or use the Services using your Account Usernames. 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 FaveSalon and FaveStylist 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 FaveSalon and FaveStylist and/or grant FaveSalon and FaveStylist 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 FaveSalon and FaveStylist to pay any fees or making FaveSalon and FaveStylist subject to any usage limitations imposed by such third party service providers. By granting FaveSalon and FaveStylist access to any Third Party Accounts, you understand that (i) FaveSalon and FaveStylist 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) FaveSalon and FaveStylist may submit and receive additional information to 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 Content (as defined below) 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 FaveSalon and FaveStylist'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. 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. FaveSalon and FaveStylist makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FaveSalon and FaveStylist is not responsible for any SNS Content.
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@FaveSalon and FaveStylist.com, FaveSalon and FaveStylist will deactivate the connection between the FaveSalon and FaveStylist Services and your Third Party Account any information stored on FaveSalon and FaveStylist's servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
The Services may contain links to third party websites that are not owned or controlled by FaveSalon and FaveStylist. FaveSalon and FaveStylist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FaveSalon and FaveStylist will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve FaveSalon and FaveStylist from any and all liability arising from your use of any third-party website. Termination of Subscription and Accounts
Right to Terminate
FaveSalon and FaveStylist reserves the right, in its sole discretion, to terminate your Subscription, Account, or use of the Services, 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 (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with FaveSalon and FaveStylist, including without limitation the EULA, or FaveSalon and FaveStylist's policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct or (iv) for any other reason in FaveSalon and FaveStylist's sole discretion. This includes the right to modify or terminate any Subscription prior to the end of any pre-paid period
You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your Account as a means of evading your payout schedule). If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you
Termination Effects
If your Subscription and/or Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses grant to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that FaveSalon and FaveStylist shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that FaveSalon and FaveStylist may retain and use your information and account data as needed to comply with investigations and applicable law. 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 these Terms of Service 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 these Terms of Service.
Professional Accounts
• Professionals may use the Services to offer Beauty Services only through their business or personal website or software application (a "Professional Site"), and we reserve approval authority as to the implementation and use of the Services on the Professional Site. We may suspend the Services in the event we find any implementation issues with the Professional Site. Such suspension shall remain in effect until the Professional corrects any issues specified by FaveSalon and FaveStylist and a suspension shall not relieve a Professional of its payment obligations under these Terms of Service.
• By creating an Account as a Professional, you certify that you are, or if you are a salon, merchant or other business entity, all of your employees, independent contractors or agents who are providing the Beauty Services each are, a licensed professional and that your business information is correctly represented on FaveSalon and FaveStylist. You further certify that you are duly licensed to provide Beauty Services "in-home" or otherwise outside your place of business should you advertise such Beauty Services on FaveSalon and FaveStylist. FaveSalon and FaveStylist reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself
By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful products, (28) escort services, or (29) bankruptcy attorneys or collection agencies engaged in the collection of debt.
Payment Processing Services - FaveSalon and FaveStylist's Role
The Services allow Clients to pay and Professionals to accept payments, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the "Networks"). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury
FaveSalon and FaveStylist facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
Authorization
Professionals authorize us to hold, receive, and disburse funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Account is closed or terminated
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company and the Payment Service Provider retained by FaveSalon and FaveStylist (the "PSP"). As a condition of FaveSalon and FaveStylist enabling payment processing services through the PSP, you agree to provide FaveSalon and FaveStylist accurate and complete information about you and your business, and you authorize FaveSalon and FaveStylist to share it and transaction information related to your use of the PSP services.
Professionals may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Service between Professionals and the PSP retained by the Company are available at https://stripe.com/docs/connect/updating-accounts#tos-acceptance (collectively, the "PSP Agreement"), which may be modified by the PSP from time to time. By accepting these Terms of Use, each Professional agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any Professional under the PSP Agreement.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payments from the Client for Beauty Services and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so. Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other FaveSalon and FaveStylist agreement, or that it exposes Professionals, other FaveSalon and FaveStylist Users, the PSP or FaveSalon and FaveStylist to harm. Harm includes fraud and other criminal acts as determined by FaveSalon and FaveStylist in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
Accepted Cards
FaveSalon and FaveStylist works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards ("Cards") with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when the Client may not be the authorized user of the Card or that such Client may otherwise contest the transaction through the Chargeback process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks.
Network Rules that Apply
The Networks require that you and FaveSalon and FaveStylist comply with all applicable bylaws, rules, and regulations ("Network Rules"). The Networks amend their rules and regulations from time to time. FaveSalon and FaveStylist may be required to change these Terms of Service in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at www.visa.com, www.mastercard.com, and www.americanexpress.com
Network Rules currently prohibit you from dispensing cash on any Card transaction. The Rules also restrict your ability to assess a surcharge or split a single transaction in to multiple transactions except in certain limited situations
Your use of Network logos is governed by the Rules; you agree to familiarize yourself with and to comply with these requirements
Access to Account Funds
Subject to the payout schedule identified below, we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees) to your verified bank account. In the event the bank account you link to your Account is incorrect and FaveSalon and FaveStylist is not able to debit or credit the bank account, the bank account will be de-linked from your Account.
In the event that you do not have an ACH-enabled bank account linked to your Account, you may request a physical check. Check requests may be subject to a processing fee and an identity verification process. It is your obligation to request a check or otherwise link an ACH-enabled bank account to your Account in order to receive your funds.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds.
Standard Schedule of Payouts
Once you validate your US bank account, and have ten dollars or more in your Account, FaveSalon and FaveStylist will automatically initiate a payout to your bank account at the end of every business day when you have more than ten dollars in your account. Payouts to your bank account for payments received before 4pm Pacific Time will usually fund the next business day.
Availability of Funds
Should FaveSalon and FaveStylist need to conduct an investigation or resolve any pending dispute related to your Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity.
Taxes
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. FaveSalon and FaveStylist specifically disclaims any liability for Taxes.
If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, FaveSalon and FaveStylist will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $20,000 in payments or more than 200 payments will be determined by looking at the SSN associated with your Account.
Customer Care
Each Professional, as a separate entity from FaveSalon and FaveStylist, is solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Beauty Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. In performing customer service, Professionals must present themselves as a separate entity from FaveSalon and FaveStylist. As between Professionals and FaveSalon and FaveStylist, FaveSalon and FaveStylist is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting
Refunds and Returns
By accepting payment Card transactions with FaveSalon and FaveStylist, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms of Service and Network Rules. Network Rules require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Clients at the time of purchase, (c) not give cash refunds to a Client in connection with a Card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Client for postage that the Client paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Client, you may still receive a Chargeback relating to such sales.
You can process a refund through your Account up to sixty (60) days from the day you accepted the payment. If your available FaveSalon and FaveStylist balance is insufficient to cover the refund, FaveSalon and FaveStylist will request your authorization to withdraw up to the requested refund amount from your bank account. FaveSalon and FaveStylist will then withdraw the amount you were paid (the sale amount minus the initial transaction fee) from your bank account, and credit it back into your Client's Card. The Fees are also refunded by FaveSalon and FaveStylist, so the full purchase amount is always returned to your Client. FaveSalon and FaveStylist has no obligation to accept any returns of any of your goods or services on your behalf. Liability for Chargebacks and Fraudulent Actions
The amount of a transaction may be reversed or charged back to your Account (a "Chargeback") if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Client or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service.
FaveSalon and FaveStylist is not liable for any losses relating to Chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in FaveSalon and FaveStylist's sole discretion ("Fraudulent Actions"). By using the Services, you hereby release FaveSalon and FaveStylist from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify FaveSalon and FaveStylist of any Fraudulent Actions which may affect the Services. FaveSalon and FaveStylist 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.
FaveSalon and FaveStylist Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or our processor from your Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under these Terms of Service until such time that: (a) a Chargeback is assessed due to a Client's complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Client may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Account deficit balances unpaid by you.
Excessive Chargebacks
If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services.
Contesting Chargebacks
You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Client, the Client's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these Terms of Service. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes
FaveSalon and FaveStylist Set-off Rights
You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Terms of Service, all of your right, title, and interest in and to all of your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of (i) whether we have made demand under these Terms of Service or any other related agreements; and (ii) whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section.
To the extent permitted by law, we may set off against the balances for any obligation you owe us under these Terms of Service, including without limitation any Chargebacks. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the balance in your Account. If you owe us an amount that exceeds your balance, we may charge or debit a payment instrument registered in your Account or any connected Account (as well as set off against any balance in any connected Account). Your failure to fully pay amounts that you owe us on demand will be a breach of these Terms of Service. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and any applicable interest.
Inactive Accounts
If there is no activity in your Account (including access or payment transactions) for at least two years, consecutively, and you have a balance, we will notify you by sending an email to the email address associated with your Account and give you the option of keeping your Account open and maintaining the balance, withdrawing the balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Account and escheat your funds in accordance with applicable law, and if permitted, to FaveSalon and FaveStylist
Processing Errors
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, FaveSalon and FaveStylist will credit your Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, FaveSalon and FaveStylist will debit the extra funds from your Account. FaveSalon and FaveStylist will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not FaveSalon and FaveStylist) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. Professionals agree to make available to Clients any terms and conditions applicable to such Professional's loyalty program
Use of the Services; 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 FaveSalon and FaveStylist shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. FaveSalon and FaveStylist 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 FaveSalon and FaveStylist community, will have access to that information, and we may not have control over what they do with it, including limiting their ability to repost or re-publish such information.
We always appreciate your feedback or other suggestions about FaveSalon and FaveStylist, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep FaveSalon and FaveStylist 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 the Services
- collect Users' content or information, or otherwise access the Services, 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 the Services
- upload viruses or other malicious code
- solicit login information or Account Usernames 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 FaveSalon and FaveStylist to do anything unlawful, misleading, malicious, or discriminatory.
- do anything that could disable, overburden, or impair the proper working of FaveSalon and FaveStylist 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 and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:
- keep your Registration Data and contact information accurate and up-to-date.
- keep your Account Usernames and Account information confidential and to not share your login information or Account Usernames, let anyone else access your Account, or do anything else that might jeopardize the security of your Account
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 FaveSalon and FaveStylist, or making available for inclusion in publicly accessible areas of FaveSalon and FaveStylist, 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 FaveSalon and FaveStylist 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 FaveSalon and FaveStylist and will terminate at the time such Content is hidden or removed from the Services by you or by FaveSalon and FaveStylist; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent, FaveSalon and FaveStylist needs to use such Content in connection with any investigation or compliance with any laws.
You agree to not 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. FaveSalon and FaveStylist reserves the right to remove or hide or change any images without notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
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 that were provided by the Company to Professional for use solely in connection with your use of the Services, promotion of Beauty 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 or hide 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 admin@FaveSalon.com.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- a description of the copyrighted work or other intellectual property that you claim has been infringed
- description of where the material that you claim is infringing is located on the site, including a url link;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
- The Company reserves the right to send Professionals and 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 FaveSalon and FaveStylist 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 concerning product developments, marketing communications, and other information regarding the Services. The Company may also send SMS messages to Users regarding upcoming appointments and other reminders using a short code text messaging service. The following guidelines apply to the Company's short code text messaging service: - When Users opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us
- If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to admin@FaveSalon.com
- If you have any questions regarding privacy, please read our Privacy Policy available at https://FaveSalon.com/privacy/
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 BEAUTY SERVICES. FAVESALON AND FAVESTYLIST IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. FAVESALON AND FAVESTYLIST 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 BEAUTY 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 FAVESALON AND FAVESTYLIST'S CONTROL (SUCH AS THIRD-PARTY SERVERS). FAVESALON AND FAVESTYLIST 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. FAVESALON AND FAVESTYLIST 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 NON-INFRINGEMENT.
FAVESALON AND FAVESTYLIST 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.
FAVESALON AND FAVESTYLIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF BEAUTY 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 FAVESALON AND FAVESTYLIST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
Reckon System, Inc.
(DBA: FaveSalon and FaveStylist)
Terms of Service for Clients
Updated: Jan 1, 2017
Term of services
These Terms of Service (the "Terms of Service") govern the use of the mobile and internet-based services, business tools offered by Reckon System, Inc. (the "Company," DBA "FaveSalon and FaveStylist,” "we" or "us") at and through the website FaveSalon.com and FaveStylist.com (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Services"). The Company's Privacy Policy located at https://www.favesalon.com/privacy, as well as any community guidelines or dispute resolution procedures that the Company may provide or make available, are all considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. Any reference to these Terms of Service shall include and mean a reference to all such incorporated policies, guidelines, programs, schedules and processes. In the event of a conflict between these Terms of Service and any other terms posted on the Website, the terms of these Terms of Service shall govern, and in the event of a conflict between these Terms of Service and the End User License Agreement in mobile applications (the "EULA"), the terms of the EULA shall govern.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN FAVESALON AND FAVESTYLIST 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.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to FaveSalon and FaveStylist that you have full power and authority to do so.
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 FaveSalon and FaveStylist Services
FaveSalon and FaveStylist is a platform that connects salons, merchants, stylists and professionals (collectively or individually, "Professionals") providing nails, hair, beauty and other health and wellness services ("Styling Services") with clients seeking such services ("Clients" or "you"). The Professionals and Clients are both users of the Services provided by FaveSalon and FaveStylist and are hereinafter referred to collectively as "Users."
FaveSalon and FaveStylist solely provides a platform for Salon Establishment, Beauty Professionals and Clients to connect and serves only as a medium to facilitate the provision of Styling Services. FaveSalon and FaveStylist 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 Beauty Services to be provided and the location at which Beauty 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 Beauty Services or by a Professional to provide Beauty Services is a decision made in such person's sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.
FaveSalon and FaveStylist does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. FaveSalon and FaveStylist makes no representations or warranties whatsoever with respect to Beauty 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. You understand that FaveSalon and FaveStylist does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. FaveSalon and FaveStylist does not verify or 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 Beauty Services on the Services. FaveSalon and FaveStylist does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, FaveSalon and FaveStylist may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not FaveSalon and FaveStylist conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client's needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
In connection with certain services, including Styling Services, for which reservations are made available on the Services, some Professionals may require you to enter credit card or other payment information, and such Professionals may charge fees for reservations, including cancelled and missed appointments. The Professionals are only allowed to do so in accordance with any policy posted on such Professional's FaveSalon and FaveStylist page at the time of your booking. By entering your payment information when requested, you authorize FaveSalon and FaveStylist and its payment processors to charge and process the fees and charges assessed in connection with your reservations in accordance with the policy described on the Professional's FaveSalon and FaveStylist page at the time of your booking. While FaveSalon and FaveStylist takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, FaveSalon and FaveStylist is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
If you cancel or don't show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the Professional posted on such Professional's FaveSalon and FaveStylist page at the time of your booking, at the Professional's discretion. FaveSalon and FaveStylist facilitates the payment transaction per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. FaveSalon and FaveStylist has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by FaveSalon and FaveStylist, in each case in FaveSalon and FaveStylist's sole discretion.
Although the Services are intended to provide a Professional's availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled.
FaveSalon and FaveStylist cannot guarantee availability of the Services to any User.
FaveSalon and FaveStylist may from time to time, either as a FaveSalon and FaveStylist Program (described in Section 6 below) or otherwise, provide certain services to Users for an additional fee that may, among other things, enable Professionals and Clients to connect more easily.
FaveSalon and FaveStylist does not independently confirm that Professionals are licensed to perform the Beauty Services offered by them on our Website. However, when Professionals create accounts with FaveSalon and FaveStylist, Professionals certify to FaveSalon and FaveStylist that they are a licensed professional, or if the Professional is a salon, merchant or other business entity, all of such Professional's employees, independent contractors or agents who are providing Beauty Services each are a licensed professional, that they are legally able to provide the Beauty Services they offer to Clients on our Website, and that their business information is correctly represented on FaveSalon and FaveStylist. FaveSalon and FaveStylist reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.
Account Registration
By creating an account with FaveSalon and FaveStylist (an "Account"), you are granted a right to use the Services provided by FaveSalon and FaveStylist subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal information, and 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 FaveSalon and FaveStylist (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 advice 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 any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Account Username
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 Username"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account Username. Ideally, the Account Username you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account Username if we believe, in our sole discretion, the Account Username 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 Username is similar to the trademark and the Account Username 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 Username to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account Username 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 Username, your disclosure of your Account Username, or your authorization to allow another person to access or use the Services using your Account Username. 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 FaveSalon and FaveStylist 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 FaveSalon and FaveStylist and/or grant FaveSalon and FaveStylist 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 FaveSalon and FaveStylist to pay any fees or making FaveSalon and FaveStylist subject to any usage limitations imposed by such third party service providers. By granting FaveSalon and FaveStylist access to any Third Party Accounts, you understand that (i) FaveSalon and FaveStylist 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) FaveSalon and FaveStylist may submit and receive additional information to 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 Content (as defined below) 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 FaveSalon and FaveStylist'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. 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. FaveSalon and FaveStylist makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FaveSalon and FaveStylist is not responsible for any SNS Content.
The Services may contain links to third party websites that are not owned or controlled by FaveSalon and FaveStylist. FaveSalon and FaveStylist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FaveSalon and FaveStylist will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve FaveSalon and FaveStylist 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@FaveSalon.com and support@FaveStylist.com, FaveSalon and FaveStylist will deactivate the connection between the FaveSalon and FaveStylist Services and your Third Party Account and any information stored on FaveSalon and FaveStylist's servers that was obtained through such Third Party Account will be hidden, except the Account Username and profile picture associated with your Account.
Termination of Accounts - Right to Terminate
FaveSalon and FaveStylist 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 (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with FaveSalon and FaveStylist, including without limitation the EULA, or FaveSalon and FaveStylist's policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in FaveSalon and FaveStylist's sole discretion.
You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
Termination Effects
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that FaveSalon and FaveStylist shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that FaveSalon and FaveStylist may retain and use your information and account data as needed to comply with investigations and applicable law.
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 these Terms of Service 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 these Terms of Service.
FaveSalon and FaveStylist is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in FaveSalon and FaveStylist's sole discretion Fraudulent Actions"). By using the Services, you hereby release FaveSalon and FaveStylist from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify FaveSalon and FaveStylist of any Fraudulent Actions which may affect the Services. FaveSalon and FaveStylist 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.
Payment Processing Services
FaveSalon and FaveStylist's Rol
The Services allow Clients to pay and Professionals to accept payments for Stylist Services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. Visa Inc. and Discover Card (collectively, the "Networks") through a payment service provider retained by the Company. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
FaveSalon and FaveStylist facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
Authorization
You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company.
Within 24 hours after you receive confirmation through the Service or via email that a Beauty Service has been completed, you agree to authorize the Company to provide your payment details for processing of payments, out of pocket expenses owed to a Professional, any tip or gratuity, if applicable, and the service fees and/or booking fees owed to Company for the use of the Service. You may be charged a cancellation fee if you book a Beauty Service, but cancel it before it is completed.
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company. As a condition of FaveSalon and FaveStylist enabling payment processing services , you agree to provide FaveSalon and FaveStylist accurate and complete information about you and/or your business, and you authorize FaveSalon and FaveStylist to share it and transaction information related to your use of the PSP services.
Users may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Service retained by the Company are available at https://stripe.com/docs/connect/updating-accounts#tos-acceptance (collectively, the "PSP Agreement"), which may be modified by the PSP from time to time. By accepting these Terms of Use, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any User under the PSP Agreement.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other FaveSalon and FaveStylist agreement, or that it exposes Professionals, other FaveSalon and FaveStylist Users, the PSP or FaveSalon and FaveStylist to harm. Harm includes fraud and other criminal acts as determined by FaveSalon and FaveStylist in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
Accepted Cards
FaveSalon and FaveStylist works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards ("Cards") with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.
FaveSalon and FaveStylist Fees
If applicable, you agree to pay the applicable fees listed on our Fee Schedule available for use of the Services ("Fees"). Subject to the terms of these Terms of Service, we reserve the right to change our Fees immediately upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars.
Customer Care
Professionals, as a separate entity from FaveSalon and FaveStylist, are solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Beauty Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and FaveSalon and FaveStylist, FaveSalon and FaveStylist is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not FaveSalon and FaveStylist) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional's loyalty program.
Gift Cards
- At times and under circumstances in Company's sole discretion, the Company may issue to certain Users gift cards ("Gift Cards") that can be used to pay for Services, including the Styling Services, and fees or expenses associated with the Services. Gift Cards are not replaceable if lost or stolen and have no expiration date, but in certain states, after a period of time, we may be required to remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem the Gift Card, it may no longer be redeemed and we may direct them to that state's government instead. Gift Cards are not redeemable by the Company for cash except as required by applicable law.
- If you wish to redeem your Gift Card and you can do so under applicable law, simply send your Gift Card along with a self-addressed envelope to the salon address that you bought it from.
- Salons will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If we determine that the Gift Card is not required to be redeemed under applicable law, or Salons can't verify your residency, we'll return your Gift Card in the envelope provided. Company will be unable to redeem or return your Gift Card without a self-addressed envelope and is not responsible for mail that doesn't arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
- A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons for any given individual transaction on the Website. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means.
- No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot "reload" (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder's purchase exceeds the amount of that Gift Card's balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Service, and use of a Gift Card constitutes acceptance hereof. Unused Gift Card balances are not transferable.
Use of Services; 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 FaveSalon and FaveStylist shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. FaveSalon and FaveStylist 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 FaveSalon and FaveStylist 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 FaveSalon and FaveStylist, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep FaveSalon and FaveStylist 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 the Services.
- collect Users' content or information, or otherwise access the Services, 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 the Services
- upload viruses or other malicious code.
- solicit login information or Account Usernames 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 FaveSalon and FaveStylist to do anything unlawful, misleading, malicious, or discriminatory
- do anything that could disable, overburden, or impair the proper working of FaveSalon and FaveStylist 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 and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:- keep your Registration Data and contact information accurate and up-to-date.
- keep your Account Usernames and Account information confidential and to not share your login information or Account Usernames, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
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 FaveSalon and FaveStylist, or making available for inclusion in publicly accessible areas of FaveSalon and FaveStylist, 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 FaveSalon and FaveStylist 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 FaveSalon and FaveStylist and will terminate at the time such Content is removed from the Services by you or by FaveSalon and FaveStylist; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that FaveSalon and FaveStylist needs to use such Content in connection with any investigation or in compliance with any laws.
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. FaveSalon and FaveStylist reserves the right to remove or hide or change any images without notice
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
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 or hide 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 admin@FaveSalon.com
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- description of where the material that you claim is infringing is located on the site, including a url link;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
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 FaveSalon and FaveStylist 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 concerning product developments, marketing communications, and other information regarding the Services. The Company may also send SMS messages to Users regarding upcoming appointments and other reminders using a short code text messaging service. The following guidelines apply to the Company's short code text messaging service: - When Users opt-in to the service, we will send you an SMS message to confirm your signup
- You can cancel the SMS service at any time. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us
- If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again
- We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to admin@FaveSalon.com
- If you have any questions regarding privacy, please read our privacy policy available at https://FaveSalon.com/privacy/
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. FAVESALON AND FAVESTYLIST IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. FAVESALON AND FAVESTYLIST 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 FAVESALON AND FAVESTYLIST'S CONTROL (SUCH AS THIRD-PARTY SERVERS). FAVESALON AND FAVESTYLIST 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. FAVESALON AND FAVESTYLIST 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 NON-INFRINGEMENT.
FAVESALON AND FAVESTYLIST 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.
FAVESALON AND FAVESTYLIST MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF BEAUTY 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 FAVESALON AND FAVESTYLIST 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 FAVESALON AND FAVESTYLIST 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 BODILY 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) BEAUTY 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.
FAVESALON AND FAVESTYLIST EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE FAVESALON AND FAVESTYLIST 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 FAVESALON AND FAVESTYLIST 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 BEAUTY SERVICES OR OTHERWISE.
Indemnification
You agree to defend, indemnify and hold harmless the Company 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) Beauty 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 third-party 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 these Terms of Service and your use of the Services
Dispute Resolution - Informal Negotiations
To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and FaveSalon and FaveStylist agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to FaveSalon and FaveStylist.
Binding Arbitration
If you and FaveSalon and FaveStylist are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, FaveSalon and FaveStylist will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and FaveSalon and FaveStylist may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution.
Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorney General Act of 2004, California Labor Code 2698 et seq. ("PAGA") to the extent waiver of such claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Orange County, California, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding
You and FaveSalon and FaveStylist agree that any arbitration will be limited to the Dispute between FaveSalon and FaveStylist and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FAVESALON AND FAVESTYLIST ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and FaveSalon and FaveStylist otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding
Location of Arbitration
Arbitration will take place in Huntington Beach, California. You and FaveSalon and FaveStylist agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Huntington Beach, California have exclusive jurisdiction and you and FaveSalon and FaveStylist agree to submit to the personal jurisdiction of such courts.
Right to Opt out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by notifying FaveSalon and FaveStylist in writing within 30 days of the date your first registered for the Services or a Subscription or 30 days from the date these Terms of Service were last updated. To opt out, you must send a written notification to FaveSalon and FaveStylist at Reckon System, Inc., 16882 Bressel Lane, Huntington Beach CA 92647 (a) your user identification, (b) your name, (c) your address, (d) your telephone number, (e) your email address and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
Governing Law
You and FaveSalon and FaveStylist agree that, other than as set forth under the subsection entitled "Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding" in Section 15 above, if any portion of Section 15 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of these Terms of Service will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 15 is found to be illegal or unenforceable, neither you or FaveSalon and FaveStylist will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Huntington Beach, California, and you and FaveSalon and FaveStylist agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 15 entitled "Dispute Resolution" shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16)
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://FaveSalon.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
We have 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.
Privacy Policies
Updated: Jan 1, 2017
Reckon System, Inc. (DBA "FaveSalon and FaveStylist ", "we" or "us") provides this Privacy Policy to inform users ("you" or "Users") of our policies and procedures regarding the collection, use and disclosure of personally identifiable information received from Users of this website (the "Website") and all other products and services, including mobile applications, owned, controlled or offered by FaveSalon and FaveStylist, and all content offered as a part thereof (the "Services"). This Privacy Policy may be updated from time to time for any reason, at our sole discretion. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website. You are advised to consult this Privacy Policy regularly for any changes. By using or accessing the Website or the Services, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us.Each capitalized term used but not defined in this Privacy Policy shall have the meaning given to such term in the Terms of Service.
For clarity, "you" or "Users" of the Services may be "Clients", including anyone seeking nails, hair, beauty and other health and wellness services or "Professionals", including stylists; nails, hair, beauty, and wellness professionals; merchants; salons; and any employee of such merchants or salons (whether or not such employee independently registered for the Services).
If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at admin@FaveSalon.com
Personal Data: We collect personal data from you when you voluntarily choose to register with FaveSalon and FaveStylist, when you use the Services, and when you send FaveSalon and FaveStylist or Users information or communications in connection with your use of the Services. We use the personal data that we collect in order to provide and improve our Services, and as otherwise set forth in this Privacy Policy and in our Terms of Service. Examples of personal data may include, but are not limited to, first name, last name, business name and information, address, email address, telephone number, birth date, social security number, appointment information, location, IP address, billing and credit card information, as well as any other non-public information that may be associated with or linked to any of the foregoing data.
Third Party Personal Data: We may also collect personal data from you about certain third parties (e.g., Professionals may provide information about Clients, or Clients may provide information about Professionals), and from certain third parties about you. We use this personal data that we collect in order to provide and improve our Services, facilitate communication between you and such third parties, and as otherwise set forth in this Privacy Policy, the End User License Agreement in mobile applications, and in our Terms of Service. You warrant to FaveSalon and FaveStylist that any personal data you provide us about any third party individuals was obtained by you with full consent from such third party, and that such third party has not communicated to you that they wish to opt out of receiving communication from FaveSalon and FaveStylist or having FaveSalon and FaveStylist collect information about such third party.
Use of Personal Data: FaveSalon and FaveStylist uses the personal data you provide in a manner that is consistent with this Privacy Policy or with any applicable service-specific agreement. If you provide personal data for a certain reason, we may use the personal data in connection with the reason for which it was provided. For instance, we will use the personal data you input during the registration process to administer access to the Services and, if applicable, publish information about Professionals on the Website or Services. We may also use the information Professionals submit about Clients or affiliated Professionals to send Clients and Professionals emails or SMS messages at such Client's or Professional's direction via the Services. We may also contact Clients to tell them about products and services that Professionals may offer and to further promote Professionals and the Services. We may send Users marketing communications. We will give Users the opportunity to opt out of receiving communications from FaveSalon and FaveStylist . FaveSalon and FaveStylist and its affiliates also use Users' personal data and other personally nonidentifiable information collected through the Services to help us improve the content and functionality of the Website and Services, to better understand the Users of our Services, and to improve our Services.
Customer Credit Card Information: FaveSalon and FaveStylist uses a third party to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant FaveSalon and FaveStylist a license to use this data to bill you for services rendered.
Personally Non-Identifiable Information: We may collect personally non-identifiable information from you at the time of registration, or when you choose to use certain of our Services. This information is not, by itself, sufficient to identify or contact Users. Examples include but are not limited to demographic data, age, education level, profession, geographic location or gender. FaveSalon and FaveStylist may store such information, or it may be included in databases owned and maintained by FaveSalon and FaveStylist 's affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Website and the domain names of our visitors' Internet service providers. It is important to note that no personal data is available or used in this process.
Passively Collected Information: When you interact with us through the Services, we receive and store certain additional, personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Examples include IP addresses, browser types, domain names, date and time of page views, location information associated with your IP address, your interactions to an ad delivered by us or our ad technology partners and other anonymous statistical data involving your use of the Website and/or our services.
Aggregated Personal Data: In an ongoing effort to better understand our Users, we might analyze the personal data that is provided through the Services in aggregate form. This aggregate information does not identify Users personally. We may share this aggregate data with our affiliates, agents and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Cookies, Web Beacons and Log Files: In operating this Website and the Services, we may use technologies such as cookies, web beacons and log files. A cookie is a piece of information that the computer that hosts our Website gives to your computer when you access a website. A web beacon is an electronic file that signals when a webpage, advertisement, video, other content, an email or newsletter has been viewed. Log file information is automatically reported by your browser or mobile application each time you access the Website or our Services. Our cookies, web beacons and log files help provide additional functionality to the Website and Services and help us analyze Website and Services usage more accurately.
Additional Tracking: We may, either directly or through third party companies and individuals we engage to provide services to us, also track your use of our Website and the Services for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Services and pay for your activities on the Website and through the Services. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Services to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Services and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Services – it just will not be tailored to your interests.
Google AdWords: This Website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site or to similar audiences online. It could mean that we advertise to previous visitors who have browsed on our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Google may include in-ads notice labels to disclose interest-based advertising to their users. Third-party vendors, including Google, use cookies to serve ads based on someone's past visits to the Website. Any data collected will be used in accordance with our own privacy policy and Google's privacy policy. Google reserves the right to display to users which remarketing lists users are on, along with the corresponding domain name. You can set preferences for how Google advertises to you using the Google Ad Preference Manager (https://www.google.com/settings/ads/onweb/), and you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Sharing Information: We use the information we collect from our Services to provide, maintain, protect and improve them, to develop new services, and to protect FaveSalon and FaveStylist and our Users. We also use this information to offer you tailored content – like giving you more relevant search results and ads. We won't share Users' personal information with anyone except for the situations listed below or unless we specifically inform you and give you an opportunity to opt out of our sharing your personal information.
We may share your personal information with:
- Authorized service providers. Our authorized service providers are companies that perform certain services on our behalf. These services may include, but are not limited to, fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analyses, supporting the functionality of the Services, and supporting contests, sweepstakes, surveys and other features we offer. These service providers may have access to User's personal information to the extent necessary to perform their functions, but we do not allow them to share or use any of your personal information for any other purpose.
- FaveSalon and FaveStylist affiliates. We may share information we collect, including personal information, with FaveSalon and FaveStylist -owned or affiliated businesses. Sharing information with our affiliates enables us to provide you with information about a variety of products and services that might interest you. All FaveSalon and FaveStylist companies comply with applicable privacy and security laws and, at a minimum, in any commercial e-mail they send to you, will give you the opportunity to choose not to receive such e-mail messages in the future.
- Business partners. We may share User's personal information with the merchants offering the products, services, promotions, contests and/or sweepstakes. We won't share your personal information with these businesses unless you choose to participate in their offer or program. When you choose to engage in a particular offer or program, you authorize us to share your email address and other information with the relevant merchant.
- Contact. When you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our Services, such as letting you know about upcoming changes or improvements.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our Users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Terms of Service or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We will not share your personal data:
- To run interest-based advertising campaigns that collect personal data such as email addresses, telephone numbers, and credit card numbers.
- To use or associate personal data with remarketing lists, cookies, data feeds, or other anonymous identifiers.
- To use or associate targeting information, such as demographics or location, with any personal data collected from the ad or its landing page.
- To share any personal data with Google or third party companies through our remarketing tag or any product data feeds which might be associated with our ads.
- To send Google or third party companies precise location information without obtaining your consent.
Children: The Website and our related Services are not intended for children under 13, and we do not knowingly collect information from children under the age of 13. Children aged 13 or older should not submit any personal information without the permission of their parents or guardians. By using the Website and our related Services, you are representing that you are at least 18.
Links to Other Websites: This Privacy Policy applies only to this Website and the Services and not to any third-party sites.
Security: We take precautions to ensure the security of your information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your personal information despite our efforts. You should note that in using the Website and our related Services, this information will travel through third party infrastructures which are not under our control. We cannot protect, nor does this Privacy Policy apply to, any information that you transmit to other Users of the Website. You should never transmit personal or identifying information to other Users. If you suspect someone is trying to obtain your personal data by impersonating us or misleading you or other members of our community about such person's relationship to us or to our Services, please contact us at admin@FaveSalon.com.
Do Not Track: Your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online service you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, FaveSalon and FaveStylist does not respond to "Do Not Track" signals or other mechanisms from a visitor's browser. If, in the future, we create a program or protocol to respond to such web browser "Do Not Track" signals, we will inform you of the details of that protocol in this Privacy Policy. To find out more about "Do Not Track," please visit https://www.allaboutdnt.com.
California Privacy Rights: Users who are California residents may request and obtain from us once a year, free of charge, certain information about the personal data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to admin@FaveSalon.com.
Opt-Out Policy: If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us as specified above.
Changes to the Privacy Policy: FaveSalon and FaveStylist may change its Privacy Policy from time to time, and in FaveSalon and FaveStylist 's sole discretion. FaveSalon and FaveStylist encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of the Services after any change in this Privacy Policy will constitute your acceptance of such change.
Reckon System, Inc. All rights reserved.