Glamour Mapp, Inc Terms of Service for Clients
These Terms of Service (the “Terms of Service”) govern the use of the mobile and internet-based Mobile App Services, business tools offered by Glamour Mapp, Inc, Inc. (the “Company,””Glamour Mapp, Inc,””we” or “us”) at and through the website GlamourMapp.com (the “Website”) and through mobile applications (such Mobile App Services, applications and the Website are collectively referred to as the “Mobile App Mobile App Services”). The GlamourMapp, Inc Programs located at http://glamourmapp.com, 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 GLAMOUR MAPP, INC AND YOU WHICH GOVERNS YOUR USE OF THE MOBILE APP SERVICES. YOUR USE OF THE MOBILE APP 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 MOBILE APP SERVICES.
If you are accepting these Terms of Service and using the Mobile App Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to Glamour Mapp, Inc that you have full power and authority to do so.
The Mobile App 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 Mobile App 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 Mobile App Services are licensed, not sold.
Glamour Mapp, Inc Mobile App Services
Glamour Mapp, Inc is a platform that connects salons, merchants, stylists and professionals (collectively or individually, “Professionals”) providing hair, beauty and other health and wellness Mobile App Services (“Styling Mobile App Services”) with clients seeking such Mobile App Services (“Clients” or “you”). The Professionals and Clients are both users of the Mobile App Services provided by Glamour Mapp, Inc and are hereinafter referred to collectively as “Users.”
Glamour Mapp, Inc solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Styling Mobile App Services. Glamour Mapp, Inc does not provide or contract for Styling Mobile App Services, and Professionals and Clients contract independently for the provision of Styling Mobile App Services. Each Client is solely responsible for selecting the Professional, the Styling Mobile App Services to be provided and the location at which Styling Mobile App 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 Styling Mobile App Services or by a Professional to provide Styling Mobile App 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 Mobile App Services in a private location inherently increases the risks involved for both Clients and Professionals.
Glamour Mapp, Inc does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling Mobile App Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Glamour Mapp, Inc makes no representations or warranties whatsoever with respect to Styling Mobile App Services offered or provided by Professionals or requested by Clients through use of the Mobile App Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that Glamour Mapp, Inc does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Glamour Mapp, Inc 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 Styling Mobile App Services on the Mobile App Services. Glamour Mapp, Inc does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Mobile App Services. Notwithstanding the foregoing, Glamour Mapp, Inc may, but is not obligated to, check the background and experience of Professionals via third-party background check Mobile App 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 Glamour Mapp, Inc 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 MOBILE APP 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 MOBILE APP SERVICES.
In connection with certain Mobile App Services, including Styling Mobile App Services, for which reservations and or live services are made available on the Mobile App Services, some Professionals may require you to enter credit card or other payment information, and such Professionals may charge fees for in house, (real-time) reservations, or salon (real-time) reservations, including cancelled and missed appointments. You and will be paying the Stylists/Professionals directly and you understand that Glamour Mapp, Inc does not play any role in taking any payment information from you the client directly. Glamour Mapp, Inc 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.
Mobile App Services are intended to provide a Professional’s availability in real-time, whether in house or at the salon. You may choose to make an appointment 24 hours ahead of time, but this Mobile App service is not intended to be used to make reservations 24 hours.
Glamour Mapp, Inc cannot guarantee availability of the Mobile App Services to any User.
Glamour Mapp, Inc does not independently confirm that Professionals are licensed to perform the Styling Mobile App Services offered by them on our Website. However, when Professionals create accounts with Glamour Mapp, Inc, Professionals certify to Glamour Mapp, Inc 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 Styling Mobile App Services each are a licensed professional, that they are legally able to provide the Styling Mobile App Services they offer to Clients on our Website, and that their business information is correctly represented on Glamour Mapp, Inc. Glamour Mapp, Inc 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.
By creating an account with Glamour Mapp, Inc (an “Account”), you are granted a right to use the Mobile App Services provided by Glamour Mapp, Inc 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 Mobile App Services’ registration process and as requested from time to time by Glamour Mapp, Inc.
Once you register for the Mobile App Services, you can create a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs”). 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 ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID 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 ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Mobile App Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs 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 IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Mobile App Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Mobile App 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 Mobile App Services cannot be guaranteed.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Mobile App Services, or in connection with any termination or suspension of the Mobile App 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.
Glamour Mapp, Inc 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 Glamour Mapp, Inc’s sole discretion Fraudulent Actions”). By using the Mobile App Services, you hereby release Glamour Mapp, Inc from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Glamour Mapp, Inc of any Fraudulent Actions which may affect the Mobile App Services. Glamour Mapp, Inc 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.
Glamour Mapp, Inc’s Role
The Mobile App Services does not get involved with Clients paying the Professionals. That is solely between the Client and the Profession and up to the Professional how they would like to charge the Client. We do not take any funds or any percentage neither from the client nor the Professional. We are not a bank and we do not offer banking Mobile App Services as defined by the United States Department of Treasury.
Glamour Mapp, Inc does not facilitate processing of payments Professionals receive from Clients. This means that we will not collect, analyze and relay information generated in connection with these payments.
Professionals, as a separate entity from Glamour Mapp, Inc, are solely responsible for all customer service issues relating to such Professional’s goods or Mobile App Services, including without limitation, any Styling Mobile App 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 Glamour Mapp, Inc, Glamour Mapp, Inc is not responsible for customer service issues with any of the Professionals.
Use of Mobile App Services; Limitations and Changes to the Mobile App Services.
We will not change, modify, suspend, or discontinue all or any part of the Mobile App Services at any time, with or without reason. You acknowledge that the operation of the Mobile App Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Glamour Mapp, Inc shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Mobile App Services. Glamour Mapp, Inc has no obligation to maintain or update the Mobile App Services or to continue producing or releasing new versions of the Mobile App Services.
We will make reasonable efforts to keep the Mobile App 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 Mobile App Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Mobile App Services.
When you publish content or information using the “public” setting, it means that everyone, including people outside of the Glamour Mapp, Inc 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 Glamour Mapp, Inc, 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 Glamour Mapp, Inc 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 Mobile App Services.
collect Users’ content or information, or otherwise access the Mobile App 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 Mobile App Services.
upload viruses or other malicious code.
solicit login information or Account IDs 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 Glamour Mapp, Inc to do anything unlawful, misleading, malicious, or discriminatory.
do anything that could disable, overburden, or impair the proper working of Glamour Mapp, Inc or the Mobile App 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 IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
You should not share any protected health information with service providers via the Mobile App Services. The Mobile App Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
The Mobile App 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 Mobile App 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 Mobile App Services or the Company Property.
In order to operate the Mobile App Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Glamour Mapp, Inc, or making available for inclusion in publicly accessible areas of Glamour Mapp, Inc, 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 Glamour Mapp, Inc 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 Mobile App Services and any Mobile App Services or products affiliated with the Mobile App Services, regardless of the form of media used or of whether such Mobile App 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 Glamour Mapp, Inc and will terminate at the time such Content is removed from the Mobile App Services by you or by Glamour Mapp, Inc; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Mobile App Services to the extent that Glamour Mapp, Inc 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. Glamour Mapp, Inc 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 Mobile App 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 email@example.com or by mail to Glamour Mapp, Inc, Inc., Attn: Copyright Agent, 46583 Fremont Blvd, Fremont, CA 94538:
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 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 Glamour Mapp, Inc and will be designed to inform Clients of how to get more value from the Mobile App Services.
As part of the Mobile App 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 Mobile App Services, the Company may send SMS messages to Users concerning product developments, marketing communications, and other information regarding the Mobile App 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.
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:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
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 Mobile App Services provided by this short code, you can send an email to firstname.lastname@example.org.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MOBILE APP 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 MOBILE APP SERVICES. GLAMOUR MAPP, INC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MOBILE APP SERVICES. GLAMOUR MAPP, INC 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 MOBILE APP SERVICES OR THROUGH THE MOBILE APP 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 MOBILE APP SERVICES OR STYLING MOBILE APP 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 MOBILE APP SERVICES OR THROUGH THE MOBILE APP SERVICES. YOU UNDERSTAND THAT IN USING THE MOBILE APP SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER GLAMOUR MAPP, INC’S CONTROL (SUCH AS THIRD-PARTY SERVERS). GLAMOUR MAPP, INC MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE MOBILE APP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLAMOUR MAPP, INC 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.
GLAMOUR MAPP, INC MAKES NO WARRANTY THAT (I) THE MOBILE APP SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE MOBILE APP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE MOBILE APP SERVICES WILL BE CORRECTED, OR (IV) THAT THE MOBILE APP SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE MOBILE APP SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GLAMOUR MAPP, INC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING MOBILE APP SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE MOBILE APP 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 MOBILE APP 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 GLAMOUR MAPP, INC OR THROUGH OR FROM THE MOBILE APP 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 GLAMOUR MAPP, INC 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 MOBILE APP SERVICES; (II) STYLING MOBILE APP SERVICES FACILITATED BY THE MOBILE APP 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 MOBILE APP SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE MOBILE APP 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.
GLAMOUR MAPP, INC EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE MOBILE APP SERVICES. BECAUSE GLAMOUR MAPP, INC IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY STYLING MOBILE APP SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE GLAMOUR MAPP, INC 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 STYLING MOBILE APP SERVICES OR OTHERWISE.
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 Mobile App Services; (ii) Styling Mobile App Services facilitated by the Mobile App 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 Mobile App Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Mobile App Services.
To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Glamour Mapp, Inc 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 Glamour Mapp, Inc. Glamour Mapp, Inc’s address for such notices is Glamour Mapp, Inc, Inc., 46583 Fremont Blvd, Fremont, CA 94538 Attention: Legal.
If you and Glamour Mapp, Inc are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Mobile App 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, Glamour Mapp, Inc 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 Glamour Mapp, Inc 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 San Francisco 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 Glamour Mapp, Inc agree that any arbitration will be limited to the Dispute between Glamour Mapp, Inc and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GLAMOUR MAPP, INC 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 Glamour Mapp, Inc 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 San Francisco County, California. You and Glamour Mapp, Inc 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 San Francisco, California have exclusive jurisdiction and you and Glamour Mapp, Inc 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 Glamour Mapp, Inc in writing within 30 days of the date your first registered for the Mobile App 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 Glamour Mapp, Inc at Glamour Mapp, Inc, Inc., 46583 Fremont Blvd, Fremont, CA 94538 Attention: Legal, that includes (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.
You and Glamour Mapp, Inc 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 Glamour Mapp, Inc 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 San Francisco, California, and you and Glamour Mapp, Inc 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).
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.