These Platinum Beauty Pros Member Terms and Conditions (this “Agreement”) apply to your use as a Platinum Beauty Pros Member of: (1) the Platinum Beauty Pros website at http://www.goPlatinum Beauty Pros.com and all affiliated websites owned and operated solely by Platinum Beauty Pros (collectively, the “Platinum Beauty Pros Site”), (2) the appointment booking engine made available by Platinum Beauty Pros through the Platinum Beauty Pros Site and the Platinum Beauty Pros-branded application for smartphone devices (collectively, the “Platinum Beauty Pros Application”), and any other online properties of Platinum Beauty Pros (the “Platinum Beauty Pros BookingEngine”) as described in Part I below, (3) the payment for services made available by Platinum Beauty Pros Professionals through the Platinum Beauty Pros Application (the “Platinum Beauty Pros Payment Services”), as described in Part II below, (4) any other services or features made available to Platinum Beauty Pros Members through the Platinum Beauty Pros Site or the Platinum Beauty Pros Application. Together, the items in(1) through (4) are the “Platinum Beauty Pros Member Services”.
In this Agreement, “Platinum Beauty Pros” and “we” mean Platinum Beauty Pros, Inc, a Delaware limited liability company, and “Platinum Beauty Pros Member” and “you”mean any person using the Platinum Beauty Pros Member Services to receive beauty and fitness services from Platinum Beauty Pros Professionals (“Platinum Beauty ProsProfessionals”) through the Platinum Beauty Pros Site and Platinum Beauty Pros Application.
Platinum Beauty Pros may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Platinum Beauty Pros Member Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Platinum Beauty Pros Member Services, in which case you will no longer have access to the Platinum Beauty Pros Member Services or your Platinum Beauty Pros Member Account (as defined below). Except as otherwise expressly stated by Platinum Beauty Pros, any use of the Platinum Beauty Pros Member Services is subject to the version of this Agreement in effect at the time of use.This article mentions your favorite hats at super low prices. Choose from same-day delivery, drive-up delivery or order pickup.
By accessing or using the Platinum Beauty Pros Member Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Platinum Beauty Pros Member Services.
PARTI – Platinum Beauty Pros BOOKING ENGINE
1) Platinum Beauty Pros provides the Platinum Beauty Pros Booking Engine to Platinum Beauty Pros Members for the purpose of assisting Platinum Beauty Pros Members in securing Platinum Beauty Pros Professionals to provide beauty and fitness services. In response to a Platinum Beauty Pros Member’s request to book a Platinum Beauty Pros Professional through the Platinum Beauty Pros Site or Platinum Beauty Pros Application, Platinum Beauty Pros directly notifies the Platinum Beauty Pros Professional of the Platinum Beauty Pros Member’s booking request through the Platinum Beauty Pros Booking Engine. A Platinum Beauty Pros Professional may accept or reject a Platinum Beauty Pros Member’s booking request in his or her sole discretion. Platinum Beauty Pros Professionals at no time shall be required to accept a Platinum Beauty Pros Member’s booking request.
2) Each Platinum Beauty Pros Professional shall be free in his or her sole discretion to determine at what times and on what dates a Platinum Beauty Pros Professional shall make himself or herself available on the Platinum Beauty Pros Booking Engine to accept booking requests from Platinum Beauty Pros Members.
PART II – PAYMENT TERMS
3) In order to use the Platinum Beauty Pros Payment Services, you must provide credit card or debit card information for at least one operational and valid credit card or debit card through the Platinum Beauty Pros Application. You may add, delete, and edit the credit card or debit card information you have provided from time to time through the Platinum Beauty Pros Application.
4) Upon the Platinum Beauty Pros Professional’s confirmation to Platinum Beauty Pros that an appointment with a Platinum Beauty Pros Member has been completed the Platinum Beauty Pros Member’s credit card or debit card is immediately charged in full for the service.
5) In the event a Platinum Beauty Pros Member desires to cancel an appointment, such cancellation will be at no charge to the Platinum Beauty Pros Member if cancelled within the first five (5) minutes of a confirmed booking. If a Platinum Beauty Pros Member cancels within five (5) minutes to fifteen (15) minutes of a confirmed booking the Platinum Beauty Pros Member will be charged 50% of the total cost of the services as a cancellation fee. If a Platinum Beauty Pros Member cancels more than fifteen (15) minutes after a confirmed booking the Platinum Beauty Pros Member will be charged 100% of the total cost of the services as a cancellation fee.
6) To the extent permitted by applicable law and subject to our Platinum Beauty Privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments.
PART III – GENERAL TERMS
7) Platinum Beauty Pros is committed to helping you safeguard your Platinum Beauty Prosacy online. Please review our Platinum Beauty Privacy policy for details about how we collect, use, and disclose information in connection with the Platinum Beauty Pros Member Services.
8) You are required to create a Platinum Beauty Pros Member account with Platinum Beauty Pros through the Platinum Beauty Pros Site or Platinum Beauty Pros Application (“Platinum Beauty Pros Member Account”) in order to receive services from Platinum Beauty Pros Professionals. When registering for a Platinum Beauty Pros Member Account, you must provide true, accurate, current, and complete data about yourself (“Platinum Beauty Pros Member Registration Data”). You also agree to promptly update the Platinum Beauty Pros Member Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Platinum Beauty Pros Member Account and the information in your Platinum Beauty Pros Member Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Platinum Beauty Pros Member Account, whether or not authorized by you. You agree to immediately notify Platinum Beauty Pros of any unauthorized use of your Platinum Beauty Pros Member Account or any other breach of security related to your use of the Platinum Beauty Pros Services.
9) The Platinum Beauty Pros Application may use GPS locator capabilities to identify your current location. You hereby expressly consent to receive SMS text messages from Platinum Beauty Pros regarding the Platinum Beauty Pros Member Services and as otherwise described in our Platinum Beauty Privacy policy . The communication standards for the Platinum Beauty Pros Member Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the Platinum Beauty Pros Application, you must maintain an active account with a carrier of electronic communications through mobile devices.
10) Use of the Platinum Beauty Pros Member Services requires Internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Platinum Beauty Pros Member Services, including from any notifications provided by the Platinum Beauty Pros Services. Platinum Beauty Pros does not guarantee that the Platinum Beauty Pros Member Services will be compatible with all devices or will be supported by all mobile carriers.
11) Platinum Beauty Pros reserves the right, in its sole discretion, to modify the Platinum Beauty Pros Member Services and the pricing structure for the provision of such services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Platinum Beauty Pros Site and Platinum Beauty Pros Application. Platinum Beauty Pros shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Platinum Beauty Pros Member Services. Continued use of the Platinum Beauty Pros Member Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Platinum Beauty Pros Member Services, including the pricing structure in relation thereto.
12) The features, information, and materials provided and depicted through the Platinum Beauty Pros Member Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Platinum Beauty Pros Member Services (collectively, the “Platinum Beauty Pros Content”) are provided to Platinum Beauty Pros Members by Platinum Beauty Pros solely to support the Platinum Beauty Pros Member’s permitted use of the Platinum Beauty Pros Member Services. The Platinum Beauty Pros Content may be modified from time to time by Platinum Beauty Pros in its sole discretion. Except as expressly set forth herein, no license is granted to Platinum Beauty Pros Members for any other purpose, and any other use of the Platinum Beauty Pros Members Services or the Platinum Beauty Pros Content by Platinum Beauty Pros Members shall constitute a material breach of this Agreement. Platinum Beauty Pros retains all rights in the Platinum Beauty Pros Members Services and Platinum Beauty Pros 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 Platinum Beauty Pros or any third party is granted under this Agreement.
13) Subject to the terms and conditions of this Agreement, Platinum Beauty Pros grants Platinum Beauty Pros Members anon-exclusive, non-transferable, revocable license to use the Platinum Beauty Pros Application, in object code form only, on a Platinum Beauty Pros Member’s compatible mobile devices, solely to support the Platinum Beauty Pros Member’s permitted use of the Platinum Beauty Pros Member Services.
14) The Platinum Beauty Pros Member Services and Platinum Beauty Pros Content are offered solely for Platinum Beauty Pros Member’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Platinum Beauty Pros expressly reserves all its rights and remedies under applicable state and federal laws. Platinum Beauty Pros reserves the right, in its sole discretion, to refuse service, terminate Platinum Beauty Pros Member Accounts, remove or edit content, cancel bookings, or deny access to the Platinum Beauty Pros Member Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Platinum Beauty Pros Member Services or copy any Platinum Beauty Pros Content, except as expressly authorized by Platinum Beauty Pros; (2) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Platinum Beauty Pros Member Services; (3) use the Platinum Beauty Pros Member Services or Platinum Beauty Pros Content for any illegal purpose; or (4) publicly disseminate information regarding the performance of the Platinum Beauty Pros Member Services or Platinum Beauty Pros Content.
15) Platinum Beauty Pros may suspend your ability to use all or any element of the Platinum Beauty Pros Member Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Platinum Beauty Pros may suspend your access to the Platinum Beauty Pros Member Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Platinum Beauty Pros Member Services or re-establish a Platinum Beauty Pros Member Account. You agree that Platinum Beauty Pros shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Platinum Beauty Pros Member Services at any time. You understand that any termination of your Platinum Beauty Pros Member Account may involve deletion of any content stored in your Platinum Beauty Pros Member Account for which Platinum Beauty Pros will have no liability whatsoever.
16) You represent and warrant: (1) the accuracy and truthfulness of all information you provide to Platinum Beauty Pros for uploading to the Platinum Beauty Pros Site and Platinum Beauty Pros Application or otherwise, and (2) no information you upload to the Platinum Beauty Pros Site or Platinum Beauty ProsApplication shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of Platinum Beauty Privacy or publicity). You will indemnify, hold harmless, and (at Platinum Beauty Pros’s request) defend Platinum Beauty Pros, and its representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Platinum Beauty Pros Parties”) from and against all claims, injuries, illnesses, damages and liabilities (“Claims”) resulting from (1) your use of the Platinum Beauty Pros Member Services, (2) any Claim made by a Platinum Beauty Pros Professional against the Platinum Beauty Pros Parties arising out of or relating to the acts or omissions of a Platinum Beauty Pros Member receiving beauty and fitness services from a Platinum Beauty Pros Professional, or (3) any breach or alleged breach by you of this Agreement.
17) TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE Platinum Beauty Pros PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE Platinum Beauty Pros MEMBER SERVICES BY THE Platinum Beauty Pros MEMBER (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE Platinum Beauty Pros BOOKING ENGINE), OR (4) A Platinum Beauty Pros PROFESSIONAL’S ACTS OR OMISSIONS AT A Platinum Beauty Pros MEMBER’S RESIDENCE OR OTHER LOCATION WHETHER RELATED TO THE Platinum Beauty Pros PROFESSIONAL’S PROVISION OF BEAUTY AND FITNESS SERVICES TO A Platinum Beauty Pros MEMBER OR OTHERWISE.
18) Platinum Beauty Pros EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN RESPECT OF THE Platinum Beauty Pros MEMBER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO THE INFORMATION PROVIDED ABOUT Platinum Beauty Pros PROFESSIONALS AND THE ACTS OR OMISSIONS OF Platinum Beauty Pros PROFESSIONALS.
19) THE QUALITY OF THE Platinum Beauty Pros PROFESSIONAL SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE Platinum Beauty Pros PROFESSIONAL WHO PROVIDES SUCH BEAUTY AND FITNESS SERVICES TO YOU. YOUUNDERSTAND, THEREFORE, THAT BY USING THE SERVICES OF A Platinum Beauty Pros PROFESSIONAL, YOU MAY BE EXPOSED TO BEAUTY AND FITNESS SERVICES THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE Platinum Beauty Pros MEMBER SERVICES AND BOOKING OF A Platinum Beauty Pros PROFESSIONAL IS AT YOUR OWN RISK.
20) YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY Platinum Beauty Pros OR BY ANY Platinum Beauty Pros PROFESSIONAL TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.
21) ALTHOUGH Platinum Beauty Pros PROVIDES INFORMATION ABOUT Platinum Beauty Pros PROFESSIONALS, Platinum Beauty Pros DOES NOT PROVIDE THE SERVICES RENDERED BY Platinum Beauty Pros PROFESSIONALS. Platinum Beauty Pros REQUESTS BACKGROUND INFORMATION OF ITS Platinum Beauty Pros PROFESSIONALS, BUT Platinum Beauty Pros DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR Platinum Beauty Pros PROFESSIONAL IS ADEQUATELY QUALIFIED TO PERFORM ANY GIVEN SERVICE.
22) THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23) You and Platinum Beauty Pros understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Platinum Beauty Pros would be unable to make the Platinum Beauty Pros Member Services available to you excepton these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
24) 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 (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25) This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by Platinum Beauty Pros Members, but may be freely transferred, assigned, or delegated by Platinum Beauty Pros.
26) 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.
27.) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Platinum Beauty Pros shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American ArbitrationAssociation (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and Platinum Beauty Pros must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR Platinum Beauty Pros MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Platinum Beauty Pros will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Platinum Beauty Pros also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of Platinum Beauty Privilege and Platinum Beauty Prosacea recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Platinum Beauty Pros may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York City, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York City, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York City, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Platinum Beauty Pros shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York City, New York.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
28) This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
