BEAUTYSALONS.BIZ
SERVICE AGREEMENTTERMS AND CONDITIONS, TERMS OF USESERVICES
By
using the Service, you agree to be legally bound to
and abide by the Terms of this Service. This Service
Agreement ("Agreement") applies to the purchase
of all services, packages, options, technical services
(collectively, the "Services") ordered by
you on the HairSalons.biz, HairSalons.biz Sign Up
Page(s) or which you may order at any time and from
time to time. HairSalons.biz, HairSalons.biz is
owned and operated by , USA Internet Inc. reserves the
right to amend its Service Agreement and to add, delete,
suspend or modify the terms and conditions of the Services,
at any time.
INTELLECTUAL
PROPERTY AND COPYRIGHT NOTICES
All
site design, All content on the HairSalons.biz Site,
unless specifically noted, is: Copyright 2002, USA Internet
Inc. All rights reserved. HairSalons.biz and the HairSalons.biz
logos are servicemarks of USA Internet Inc. Other trademarks,
servicemarks and logos are the property of their respective
owners. You are not permitted to use any trademarks,
servicemarks or logos without the prior written consent
of USA Internet Inc.Among the trademarks and service
marks owned by USA Internet Inc. include (but are not
limited to) the following: USA Internet Inc., HairSalons.biz
and the HairSalons.biz and their respective logos.
The "look" and "feel" of all Company
owned and operated sites are trademarked USA Internet
Inc.The HairSalons.biz Site is protected by copyright,
trademark and other intellectual and industrial property
laws and international treaties and may not be copied
or imitated in whole or in part. No logo, graphic, sound
or image from the HairSalons.biz Site may be copied
or retransmitted unless expressly permitted pursuant
to this Agreement.
DISCLAIMER
AND WARRANTIES
Disclaimer
of warranty and limitation of liability: you agree that
use of the service is entirely at your own risk. The
service is provided "as is," without warranty
of any kind, either express or implied, including without
limitation any warranty for information, services, uninterrupted
access, or products provided through or in connection
with the service, specifically, HairSalons.biz and
USA internet Inc disclaims any and all warranties, including
without limitation: any warranties concerning the availability,
accuracy or content of information, products or services;
and any warranties of title or warranties of merchantability
or fitness for a particular purpose.
THIS
SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. BEAUTYSALONS.BIZ AND
USA INTERNET INC. DOES NOT WARRANT THAT THIS SITE AND
ITS CONTENTS ARE COMPLETE OR ERROR FREE OR THAT THE
SERVER THAT MAKES IT AVAILABLE OR FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IN THE EVENT OF A TEMPORARY
OR PERMANATED DISRUPTION, CANCELLATION OR TERMINATION
OF THIS WEBSITE, BEAUTYSALONS.BIZ AND USA INTERNET INC.
WILL NOT BE OBLIGATED IN ANY WAY TO REFUND OR REINBURSE
IN PART OR IN FULL ANY PAYMENT OR PREPAYMENT FOR OUR
SERVICES FOR ANY REASON. YOU AGREE AND FULLY UNDERSTAND
THAT THIS WEBSITE MAY TERMINATE AT ANYTIME WITHOUT PRIOR
NOTICE AND BEAUTYSALONS.BIZ AND USA INTERNET INC. WILL
NOT BE LIABLE FOR ANY REFUNDS OR DAMAGES OF ANY KIND.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU
USE IN CONNECTION WITH YOUR USE OF OUR SITE, OR THE
TERMINATION OF THIS WEBSITE AND THAT BEAUTYSALONS.BIZ
AND USA INTERNET INC., NOR ANY OF ITS OFFICERS, DIRECTORS
AND EMPLOYEES, PARTNERS, AGENTS, AFFILIATES OR CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF USE OF THE SERVICE, TERMINATION
OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE
THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU
HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SERVICE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
WEBSITE CANCELLATION OR TERMINATION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.
INDEMNIFICATION
You
agree to defend, indemnify and hold harmless HairSalons.biz
and USA Internet Inc. and its employees, officers, directors
and agents, partners, agents, affiliates or content
providers (collectively "indemnified parties")
from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether
legal or administrative) and expenses (including but
not limited to reasonable attorneys' fees) threatened,
asserted, or filed by a third party against any of the
indemnified parties arising out of or relating to the
use of the Services by you or your agents, including
but not limited to any violation of the HairSalons.biz
and USA Internet Inc. policies. HairSalons.bizand
USA Internet Inc. Are not responsible or liable to any
person or entity whatsoever for any direct or indirect
loss, damage (whether actual, consequential, punitive,
special or otherwise), injury, claim, liability or other
cause of any kind or character whatsoever based upon
or resulting from any information provided on this Site
or from the use of, or the inability to use this Site
LIMITATION
OF LIABILITY
In
no event shall HairSalons.biz and USA internet inc.
Or its officers, directors, employees, affiliates, agents,
suppliers, third-party information providers, merchants,
licensors or the like be liable for any indirect, incidental,
special or consequential damages, or loss of profits,
revenue, data or use, by you or any third party, whether
in an action in contract, agreement or tort or strict
liability or other legal theory, even if HairSalons.biz
and USA internet inc. Has been advised of the possibility
of such damages. In no event will HairSalons.biz and
USA internet inc. 'S be liable for any damages, losses
and causes of actions whether in contract or tort including
negligence or otherwise.
FEEDBACK
Except
where expressly provided otherwise by HairSalons.biz,
all comments, feedback, information or materials submitted
to HairSalons.biz through or in associations with
the HairSalons.biz Site shall be considered non-confidential
and the property of HairSalons.biz. By submitting
any comments, information, materials or other feedback
or comments to HairSalons.biz, you agree to a no-charge
assignment to HairSalons.biz of any rights, title
and interest to the comments, information, materials
or other feedback. HairSalons.biz shall be free to
use such comments, information, materials or other feedback
without restriction.
RENEWALS
For
monthly, quarterly or annual services, this Agreement
is automatically renewable monthly, quarterly or annually,
respectively, unless either party requests termination
or a change in service level prior to the commencement
of the next period.
MODIFICATION
OF TERMS
BeautySalons.biz
and USA Internet Inc. may modify this Agreement at any
time by simply updating this posting and without notice
to you. HairSalons.biz and USA Internet Inc. reserves
the right to change the terms and conditions of this
Agreement or its policies relating to the Service at
any time and shall notify you by posting an updated
version of this Agreement on the Service. You are responsible
for regularly reviewing this Agreement. Continued use
of the Service after any such changes shall constitute
your consent to such changes.
TERMINATION
Any
unauthorized access, use, copying, disclosure, distribution,
or sublicensing by you or with your aid or consent of
the Service or Content or any related methods, techniques,
algorithms, or processes will be deemed a material breach
of this Agreement. HairSalons.biz and USA Internet
Inc. in its sole discretion may terminate your, account
or use of the Service. You agree that you will not transmit
on the Service any harmful, abusive, harassing, defamatory,
threatening, vulgar, obscene, profane, hateful, adult
oriented or other offensive material of any kind. You
agree not to use the service to violate any tariff,
regulation, treaty, or law (including, without limitation,
copyright, privacy, criminal and international law).
You agree to comply with any operating rules and terms
provided or made available to you from time to time
by HairSalons.biz and USA Internet Inc. HairSalons.biz
and USA Internet Inc. retains the right at any time
to refuse or discontinue service of any current or prospective
client at it sole discretion.
FORCE
MAJEURE
BeautySalons.biz
and USA Internet Inc. shall not be liable for failure
or delay in performing its obligations hereunder if
such failure or delay is due to circumstances beyond
its reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
or interruption or delay in telecommunications or third
party services (including DNS propagation), failure
of third party software or hardware, or inability to
obtain raw materials, supplies, or power used in or
Software needed for provision of the Services.
GOVERNING
LAW/JURISDICTION
The
validity, interpretation, enforceability, and performance
of this Agreement shall be governed by and construed
in accordance with the laws of the State of Washington
without regard to its conflict of laws principles. You
agree that any and all claims, damages, losses, liabilities,
suits, actions, demands, or proceedings (whether legal
or administrative) touching, concerning, or arising
under, with respect to, or out of this Service Agreement
in any manner, or concerning any transaction or dispute
arising under or out of the performance of this Service
Agreement to which HairSalons.biz and USA Internet
Inc. will be a party, must and shall be filed or brought
and determined in a forum in the State of Washington
having jurisdiction of the subject matter.
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