We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We may update this Agreement at any time by posting a new version here without prior notice. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE. IF YOU USE THIS SITE, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ANY REVISED VERSION OF THIS AGREEMENT.
1. WHAT WE DO
LSW provides the Services to USER for the purpose of assisting USER in securing salon appointments at participating third party salons (each a "Salon"). In response to a USER's online request, the Site directly contacts the Salon. The availability of appointment is determined at the time of USER's query. Once an appointment is made by USER, LSW will provide confirmation of the reservation to USER by email. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the Site.
2. USE OF THE SITE
As a condition of your use of this Site, you warrant that you possess the legal authority to create a binding legal obligation; you will use this Site in accordance with this Agreement, you will only use this Site to make legitimate reservations for you or for another person, for whom you are legally authorized to act, all information supplied by you on this Site is true, accurate, current and complete, and if you have a LSW account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
3. LSW MILES
USER may be able to participate in LSW’s USER benefits program, including LSW MILES. Participation is subject to LSW MILES Terms and Conditions.
4. NO SHOW POLICY
LSW is committed to providing superior quality services to its USERS and Salons. To assist us in maintaining a consistently high level of service with the participating Salons, USERS are asked to cancel any appointment that they will be unable to honor in accordance with the salon's individual cancelation policy, which will always be shared with the USER on the Site at the time the reservation is made.
You agree to pay any Salon the required cancellation or change fees that you incur. If you are unable to keep your appointment and you fail to cancel, LSW will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Salon and/or the Site reports your reservation was not honored, whether or not that was in fact the case. Your LSW account will be terminated if you no-show for three reservations. If you feel that your reservation has been recorded as a no-show in error, simply follow the link contained in the notification email to dispute the no-show and fill out the form with a brief explanation of the situation. State as many details as possible to help us to review your account with the Salon's management. LSW reserves the right to request documentation, such as a receipt. LSW may adjust your Miles balance after this investigation. LSW cannot review disputes submitted more than 14 days after the reservation date. USER agrees that all final no-show determination will be made by LSW in its sole discretion.
6. EMAIL POLICY
7. OPERATION OF THE SITE AND CONNECTIVITY
8. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The materials and services provided for and depicted on the Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the This Site ("LSW Content") is provided to USER by LSW for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the LSW Content or any information, or services provided by LSW hereunder. The LSW Content may be modified from time to time by LSW in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the LSW Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of LSW or its licensors in the Services or LSW Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of LSW or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of LSW or its licensors in the Services or LSW Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of LSW or any third party is granted under this Agreement.
If you subscribe to any newsletter, updates or other services on the Site that require a user name and password, such user names and passwords shall, with respect to this Site, be deemed confidential information of LSW and shall not be shared with, or disclosed by you to, anyone else.
9. SITE ACCURACY
LSW attempts to be as accurate as possible with respect to information and Content accessible through the Site, but does not warrant that Content is accurate, complete, reliable, current or error-free. While we strive for excellence, the Site and the LSW Content may include typographical errors or inaccuracies.
10. USAGE GUIDELINES
The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book appointments at participating Salons and then honor those appointments by arriving at the Salon on time and paying for the service. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. LSW expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's T&C are prohibited. LSW has the right, in its sole discretion and without notice or liability to you or any third party, to refuse service, remove or edit content, cancel appointments, or terminate any account you may open on this Site for cause, without limitation, based upon (a) breach or violation of these T&C or other agreements or guidelines of LSW, (b) requests by law enforcement or government agencies, (c) discontinuance of such account services or modification of the Site, (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your account(s) may include removal of access to all offerings requiring registration and, at LSW’s sole discretion, the deletion of your account.
You are prohibited from using this Site and any Content to: (i) transmit, store, embed or otherwise make available any information or material that infringes any intellectual property or other proprietary rights of LSW, its affiliates or any third party, including, without limitation, copyright, trademark, patent, and rights of privacy or publicity; (ii) transmit, store or otherwise make available material that disrupts or corrupts the Site or any Content, imposes an unreasonable or disproportionately large load on the Site’s servers or infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (iii) transmit, store or otherwise make available material that is false, libelous, defamatory, obscene, vulgar, threatening, abusive, offensive, pornographic, profane, sexually explicit, or constitutes hate speech, or adversely affects LSW’s or its advertisers’ and affiliates’ business, or is otherwise objectionable in LSW’s sole discretion; (iv) transmit, store or otherwise make available material that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise knowingly or negligently make available a virus, Trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material that contains any information, software or other material of a commercial or proprietary nature; (vii) transmit, store or otherwise make available material that contains advertising, promotions, “junk mail,” “spam,” “pyramid schemes,” “chain letters” or other solicitations of any kind; (viii) transmit, store or otherwise make available material that constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack or impersonate players, management, employees of football, or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another person’s personal information, account data or password except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit card numbers; and (xii) use automated scripts to collect information from or otherwise interact with the Site.
12. THIRD PARTY LINKS AND ADVERTISERS
This Site provides links to other third party Internet web sites and resources. Because LSW dos not have control over such sites and resources, you acknowledge and agree that LSW is not responsible for content or availability of such sites or resources, and does not sponsor, endorse or assume any liability for any content, advertising, products, services or other materials offered by or made available through such third party sites and resources. You further acknowledge and agree that LSW shall not be responsible or liable in any way for any loss or damage you may incur as a result of your use of any such third party site or resources.
We may offer as a convenience through the Site certain advertising and links to promotional offers from our advertising and business affiliates that may be of interest to you. Because LSW has no control over such advertisements and promotional offers, you agree that LSW shall have no liability for the content and offerings of any such advertisements or promotional offers. Your communication and business dealings with, or participation in promotions of, such advertisers or business partners, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations concerning such dealings, are solely between you and such advertiser or business affiliate. You agree that LSW shall not be responsible or liable in any way for any loss or damage you may incur as the result of any such advertisements or your participation in any such promotional offers.
13. CUSTOMER FEEDBACK AND COMMUNICATIONS
As we continue to strive to make your visit to our Site enjoyable and useful, we welcome your comments and feedback concerning the Site and its Content. Any email you send to us should identify the sender and not use a false name or anyone else’s name. Your e-mail address and the content of any e-mail you send to us will be used to communicate with you and to satisfy our legal and regulatory requirements with regard to customer communications.
The information contained in any email or other communication you send to LSW shall be deemed to be non-confidential and non-solicited, and LSW assumes no obligation to protect such information from disclosure. Subject only to any protections to which such information may be entitled under valid intellectual property laws, LSW’s receipt of such information shall not restrict LSW in any way from engaging in any business or venture, or offering any products or services, that may relate or be similar to any information, ideas or concepts you may disclose to LSW, and LSW shall be free to reproduce, use, disclose and distribute such information to others without restriction. You acknowledge that transmissions sent to and from this Site are not confidential and may be read or intercepted by others. You acknowledge that by communicating with LSW or its business affiliates, no confidential, fiduciary, and contractually implied or other relationship is created between you and LSW or its business affiliates other than pursuant to this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication with or through the Site, you hereby grant to LSW a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications in all media now known or hereafter developed. You hereby waive all rights to any claim against LSW for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
14. LIABILITY LIMITATIONS
In no event shall lsw be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (i) any use of the services, the site or the lsw content, (ii) any failure or delay (including, but not limited to, the use or inability to use any component of the services or the site for reservations), or (iii) the performance or non-performance of any salon in connection with the services. In addition, all users specifically understand and agree that any third party directing users to the site by referral, link or any other means is not liable to user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the site or the lsw’s content. Lsw is neither an agent of nor is connected with any affiliated salon in which a user has made a reservation. Aside from the services provided on the lsw site. Lsw is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a user’s visit to an affiliated salon.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. You hereby waive any and all claims against lsw, its agents, representatives and licensors arising out of, or in any way connected to your use of the site and/or any related products or services.
In the event lsw is held liable for any damages related to this site, your sole and exclusive remedy will be limited to reimbursement of the charges for services or products paid for by you that were not provided to you.
You hereby waive any and all rights to bring any claim or action related to this site beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
You agree to indemnify, defend, and hold harmless lsw and its subsidiaries, affiliates, officers, directors, employees, agents, advertisers and other business affiliates, from any losses, damages or any other liabilities, including reasonable attorneys' fees and expenses, arising from any claim, action or demand made by any third party concerning or arising out of your use of this site, your connection to the site, your violation of this agreement’s t&c, and your violation of law or of any rights of a third party. Lsw's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
16. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) The information, programs, products, and materials contained in or accessed on the site, including, without limitation, the services and the lsw content, are provided to user on an 'as is' basis and without warranty of any kind. Lsw disclaims all warranties, expressed or implied, with respect to the services, the site, the lsw content and related materials provided hereunder including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Lsw assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to provide any content, materials or services, or to store any personalized user settings or information on this site. Your use of the site is at your sole risk. Lsw makes no warranties of any kind that the site and any merchandise or services purchased or obtained through the site will be free from viruses or other harmful components or that the site will be error free.
(b) any content downloaded or otherwise obtained through the site is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or for any loss of data or other information that results from the download or use of any such content.
(c) no content or information, whether oral or written, obtained by you from lsw or through your use or access to this site shall create any warranty not expressly stated in this agreement’s t&c.
17. APPLICABLE LAW AND CONSENT TO JURISDICTION
This Agreement and the relationship between you and LSW shall be governed by the laws of the State of New York without regard to its conflict of law provisions and policies. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these T&C, including, without limitation, this paragraph.
In connection with any dispute, claim or breach relating in any way, arising out of, or concerning the site, your use of the site, these t&c and/or the relationship between you and lsw, you and lsw agree to (1) to submit to the exclusive personal jurisdiction of the federal and state courts located in new york county, and (2) waive any and all defenses to jurisdiction and venue in such courts.
LSW controls the Site from its offices within the United States. You acknowledge and agree that you use and access the Site on your own volition and are solely responsible for compliance with applicable local laws.
18. SPECIAL NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users of the Site are entitled to receive contact information in order to resolve a complaint regarding any services offered through the Site or to receive further information regarding use of any such service. Please submit any such complaints or questions to the following:
The Leading Salons of the World, LLC
138 Spring Street
New York, NY 10012
Attention: Website Support
You are also entitled to this specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
20. NO ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by LSW.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Any software that is made available to download from this Site ("Software") is the copyrighted work of LSW and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the terms and conditions of said License Agreement. Copyright laws and international treaty provisions protect all of the Software. Any reproduction or redistribution of the Software, including, without limitation, copying or reproduction of the Software for further reproduction or redistribution, is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
You acknowledge that LSW will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. LSW takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
25. OPERATION OF THE SITE AND CONNECTIVITY
26. ENTIRE AGREEMENT
LSW’s failure to exercise or enforce any of it rights or any provisions of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision, and the other provisions of the T&C shall remain in full force and effect. You agree that there are no third party beneficiaries to this Agreement. The section headings used in these T&C are for convenience only and shall not be given any legal import.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the site or these t&c must be filed with a court of competent jurisdiction within one (1) year after such claim or cause of action first arose or it will be forever barred.
Copyright © 2011 The Leading Salons of the World, LLC. All rights reserved worldwide.
Updated as of March 1st, 2011.
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