Terms & Conditions
CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS
SITE. YOU MUST BE EIGHTEEN (18) OR OVER
TO USE OUR SERVICE. IF YOU ARE NOT EIGHTEEN
(18) OR OVER, DO NOT REGISTER OR USE OUR SITE.
1. GENERAL. AVEYOU® is owned and operated by Salon
Professional Services, Inc. (the “Company”).
The Company has the right at any time to change or discontinue any
aspect or feature of the site, including, without limitation, its content and
hours of availability. The Company is
solely a facilitator of communications between its members and users.
2. RESTRICTIONS ON USE.
A. The site contains copyrighted material,
trademarks and other proprietary information, including, without limitation,
text, software, photos, video, graphics, music and sound, and the contents of
the site are copyrighted under the United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content of this site, in
whole or in part. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
written permission of the Company and the respective copyright owners. In the
event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not acquire any
ownership rights by accessing the site.
B. The foregoing provisions are for the benefit
of the Comapny, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
3. DISCLAIMER OF WARRANTY,
LIMITATION OF LIABILITY.
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS
AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED
THROUGH THE SITE.
B. THE SITE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE SITE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION
INCLUDING, WITHOUT LIMITATION, MISTAKES IN ORDERS MADE BY CUSTOMERS, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
D. IN NO EVENT WILL THE COMPANY OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT
INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON
THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
4. INDEMNIFICATION. You
agree to defend, indemnify and hold harmless the Company and its affiliates and
their respective shareholders, directors, officers, employees and agents
(collectively the "COMPANY PARTIES") from and against any and all
claims, actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys fees) arising out of your use of the site.
5. TRADEMARKS. The AVEYOU®
registered trademark, trade names, trademarks and logo, and the trademarks and
logos of third parties appearing on this site are trademarks owned by the
Company and the applicable third parties, respectively.
6. THIRD PARTY CONTENT. The
Company neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on the site by anyone other than
authorized Company employee spokespersons while acting in their official
7. CHANGED TERMS. The Company reserves the right to change or
update the terms and conditions applicable to use of the site and its Privacy
Policy at any time, upon posting to the Web Site. Any changes or updates will be effective
immediately upon posting. Any use of the
site by you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
8. INJUNCTIVE RELIEF. Notwithstanding
any provision to the contrary, in the event that you use any of the Trademarks
or use any of the Content or the Website in a manner which is inconsistent with
these Terms and Conditions, the Company shall suffer immediate and irreparable
harm, injury and damage which cannot be fully compensated by an award of
damages or other remedies at law. Accordingly,
you agree that in such case, the Company shall be entitled, as a matter of
right to an injunction restraining any further violation of these Terms and
Conditions by you, such right to an injunction shall be cumulative and in
addition to, and not in limitation of any other rights or remedies that the
Company may have against you at law or in equity.
WITH LAWS. You agree that your use
of the Website will not violate any local, national or international law.
10. ACCURACY OF INFORMATION. All of the information you have provided the
Company is completely accurate and truthful. You have not and will not access
other user's passwords, usernames, etc. By
registering untruthfully you can and will be held liable for your actions and
11. NON-SOLICITATION OF
REGISTERED USERS. You have not and
will not access those files reserved solely for the Company.
12. MATERIAL. You have not and will not use any of the
Company's material (logos, graphics, art works, text, articles, database,
internet coding, etc) without written permission from the Company. You may not modify, copy, distribute,
transmit, display, reproduce, publish, license, create derivative works from,
transfer or sell any information or services obtained from the Website without
the express permission of the Company.
13. TERMINATION FOR VIOLATION OF
any users who the Company believes, in its sole discretion, to have violated these
14. MISCELLANEOUS. These
subject matter hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter. Except with respect to
claims made pursuant to Section 8 of these Terms and Conditions which may be
resolved in accordance with the procedures set forth therein, any claim or
dispute between or among the parties with respect to this Agreement, its
interpretation or effect, or their respective duties or responsibilities
hereunder, must be commenced within twelve (12) months of the time that such
claim arose, and shall be submitted to binding arbitration before a single
arbitrator in Monmouth County, New Jersey (the "Arbiter") who shall
be chosen and acting in accordance with the Rules of the American Arbitration
Association respecting commercial disputes ("AAA"). The Arbiter shall apply the substantive law
of New Jersey, and may award injunctive relief or any other remedy available
from a judge, including attorneys fees and costs to the prevailing party. The Arbiter shall render written findings of
fact and conclusions of law. Judicial
review of the Arbiter's award may be sought only upon the grounds of fraud,
corruption, misconduct, or erroneous conclusions of law. The decision of the Arbiter shall be
enforceable in any court of competent jurisdiction. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of
this Agreement, which shall remain in full force and effect. Failure of the
Company to act on or enforce any provision of the Agreement shall not be
construed as a waiver of that provision or any other provision in this
Agreement. Except as expressly agreed by the Company and you, this Agreement
constitutes the entire Agreement between you and the Company with respect to
the subject matter, and supercedes all previous or contemporaneous agreements,
whether written or oral, between the parties with respect to the subject
Your access to and
continued use of the Website constitutes your acceptance of all provisions
contained herein. If you do not agree with the these provisions, you should
discontinue all use and exit the site immediately. The Company reserves the
right to amend these terms and conditions at any time and without notice. It is
your responsibility to check for all updates.
Each member agrees that
use of the Website is at his/her sole risk. The Company does not warrant that
the service will be uninterrupted or error free. The Company does not make any
warranty as to the results obtained from the Website usage or as to the
accuracy, reliability, or content of any information, service, or merchandise
provided through the Comapny.
© 2012 Salon Professional
Services, Inc. all rights reserved.
Links to Third Party Sites and Viruses
The Website may contain
links to different Internet sites. These links are not endorsements of any
services, products, or companies. Furthermore, information on such site has not
been endorsed or approved by the Company.
All responsibility or liability
for any damages caused by viruses contained within this internet site or in the
channels of delivery are disclaimed.