Client Terms of Service
Effective Date: November 25, 2013
These Terms of Service govern the relationship between you, as an individual who wishes to purchase cosmetology services ("You" or "Client") from the professional stylists that wish to offer You Services, and TheStylisted, Inc. ("Stylisted" or "we").
A. REGISTRATION CRITERIA
You do not need to register with Stylisted to simply visit and view the website located at stylisted.com ("Website"), but to access and receive Services, You will need to create a password-protected account ("Account"). To create an Account, You must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but may be helpful to Stylisted in providing You with a more customized experience when using the Website.
Use of the Website to arrange for the purchase of Services is available only to individuals who are at least 18 years old. By accepting these Terms of Service and completing your registration for an Account, You represent that You are at least 18 years of age, and that: (a) all registration information that You submit is truthful and accurate, and (b) You will maintain the accuracy of the information You submit. Upon completion of the registration process, You will have established your Account through which You can arrange and pay for Services You wish to purchase from the professional stylists listed in the Website ("Stylists"). Your Account may be terminated without warning if we believe that You are under the age of 18 or that You are not complying with any applicable federal, state or local laws, rules or regulations. If you do not comply with any of the registration criteria, please do not use the Website.
You are responsible for keeping your password ("Password") secure at all times. You are solely responsible for all activity that occurs on your Account and You must notify Stylisted immediately of any unauthorized use of your Account. You agree that Stylisted will not be liable for your losses caused by an unauthorized use of your Account. You understand that You may be responsible for fees incurred due to such unauthorized use.
C. ACCOUNT POLICIES
You acknowledge and agree that You will comply with the following rules (the "Account Policies"):
- You will not copy or distribute any part of the Website in any medium without written approval from Stylisted.
- You will not alter or modify any part of the Website.
- You will not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose.
- You will not transmit more request messages to Stylisted's servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
- You will not take any action that (i) unreasonably encumbers the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any other user's participation in the Website; or (iii) bypasses any measures that are used to prevent or restrict access to the Website.
- You will not collect or harvest any personally identifiable data of other users or Stylists, including names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
- You will not post content that is false, inaccurate, misleading, defamatory, or libelous (including personal information about any Stylist or Website user) on the Website.
- You will not violate any laws, third-party rights, or any provision of the Terms of Service.
- You will not fail to deliver payment for Services purchased by You.
- You will not circumvent or manipulate our fee structure, the billing process, or fees owed to a Stylist for Services; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Stylist or Website user).
- You will not take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website).
If we find that You violated the Account Policies or any other terms of these Terms of Service, Stylisted reserves the right, at its sole discretion, to immediately terminate your use of the Website.
As a participant in the Website, You will be invited to provide feedback on the Services You receive and be permitted to comment on the TheStylisted blog appearing on the Website ("Feedback"). You agree to use careful, prudent, and good judgment when providing Feedback, which will be posted on the Website. Inappropriate uses of Feedback are prohibited, such as: (a) threatening to leave negative or impartial Feedback for a Stylist unless that Stylist provides services not included in your purchase or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Stylist appear better than he or she actually is or was; or (c) making up Feedback and posting it. This list is not exclusive, and we reserve the right to determine whether Feedback is appropriate.
- Sanctions for Inappropriate Use or Feedback. Stylisted, in its sole discretion, may take any of the following actions: (i) remove your Feedback; (ii) limit your Account privileges; or (iii) suspend your Account if You submit inappropriate Feedback.
- Reporting Inappropriate Use of Feedback. You may contact Stylisted regarding any inappropriate use of Feedback via email at email@example.com.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Stylisted will be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, Stylisted HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFORE.
Stylisted may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Stylisted's discretion, Stylisted will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Stylisted does not and cannot review every entry posted to the Website by users. These prohibitions do not require Stylisted to monitor, police or remove any Feedback or other information submitted by You or any other user.
E. RULES FOR CLIENTS
You will not take any of the following actions: (a) enter into an agreement with a Stylist for Services outside of the Website; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; or (c) misuse any options made available now or in the future by Stylisted in connection with the purchase of any Service. If You violate any of these Client rules, Stylisted, in our sole discretion, may limit your Account privileges or suspend your Account.
F. FEE POLICY
- Viewing Stylist Profiles and posted Services is free to Account holders. If you select a Service, you will be charged the fee listed for the Service You select. Stylisted reserves the right to charge an additional transaction fee to Clients in the future on a per-transaction basis. Changes to this Fee Policy are effective after we have provided You with fourteen (14) days' notice by posting the changes on the Website.
- You agree to pay all fees or charges to your Account for Services in advance, based on the Stylist's fees and billing terms then in effect. If Stylisted’s Payment Processor cannot charge your credit card or other payment method for any reason, Stylisted reserves the right to cancel your Service, suspend or terminate your access to your Account or terminate these Terms of Service. You are expressly agreeing that the Payment Processor, on behalf of Stylisted, is permitted to bill You for the applicable fees, any applicable tax and any other charges You may incur in connection with your selection of Services offered through this Website, and that the fees will be billed to your credit card or other payment method designated at the time You register for a fee-based Service. If You cancel your Account at any time, You will not receive any refund for Services. If You have a balance due on your Account, You agree that Stylisted may charge the unpaid fees to your credit card or otherwise bill You for the unpaid fees.
- You may cancel Services up to 48 hours before your appointment for a full refund. After that time, all sales to You for Services are final and non-refundable.
G. DISPUTES BETWEEN CLIENTS AND STYLISTS
Your interactions with Stylists, including the performance of any Service or purchase of any product, and any other terms, conditions, warranties or representations associated with those transactions or dealings, are solely between You and the Stylist. You should take reasonable precautions and make whatever investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including the Stylists.
You understand that deciding whether to use the Services of a Stylist, or use information contained on the Website, is your personal decision for which You alone are responsible. You understand that Stylisted does not and cannot make representations as to the suitability of any individual You may decide to interact with through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
You agree that Stylisted will not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any Services. If there is a dispute between You and a Stylist, You agree that Stylisted is under no obligation to become involved. In the event that a dispute arises between You and a Stylist, You hereby release Stylisted, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such dispute or any Service provided to You.
H. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Stylisted AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE OR THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE. THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," AND "AS AVAILABLE" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRDPARTY RIGHTS. Stylisted DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Stylisted DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. Stylisted WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
I. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Stylisted, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
- ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY STYLIST VIA THE WEBSITE, INCLUDING SERVICES PROVIDED UNDER AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS OR OUR PAYMENT PROCESSOR’S SERVERS;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
- ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT;
- ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE BEFORE OR AFTER THE PURCHASE OF A SERVICE, OR ANY DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE;
- ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR
- ANY USE OF ANY SUBMITTED CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Stylisted IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- In no event shall the total, aggregate liability of Stylisted, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Stylisted by You hereunder.
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT Stylisted SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
J. DISPUTE RESOLUTION
If a dispute arises between You and Stylisted, our goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Stylisted hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Service or the Website in accordance with this Section or as we and You otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage You to first contact us directly to seek a resolution via email at firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
K. CONTACT US
If you have any questions or concerns regarding Terms of Service, please contact us at:
5807 South Woodlawn Avenue
Chicago, Illinois 60637