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Last modified: 12/30/2025
Terms of Use

1. Contractual Relationship; Termination; and Modification
2. Arbitration Agreement
3. The Services
4. Third-Party Services and Content
5. Accessing the Services
6. User Conduct and Requirements; Communications; and User Content
7. Payment
8. Disclaimers; Limitation of Liability; and Indemnity
9. Other Provisions

IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU
ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING
YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN
PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND
SALON DONE, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 2
BELOW. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL
DISPUTES WITH SALON DONE ON AN INDIVIDUAL BASIS AND, WITH LIMITED
EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS OF
SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE
EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE
TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms of Service (“Terms of Service”) constitute a legally binding agreement
between you and Salon Done LLC. and its subsidiaries, representatives, affiliates,
officers and directors (collectively, “Salon Done”) governing your use of Salon Done’s personalized, multipurpose, digital marketplace platform and any related content or
services, including but not limited to mobile and/or web-based applications
(“Applications” or the “Salon Done App,” and together with the Marketplace Platform,
the “Services”).
Notwithstanding the foregoing, if you choose, now or in the future, to provide Beauty
(e.g., hair, nails, and/or make-up services, collectively, “Third-Party Services”), these
Terms of Service do not supersede or otherwise impact the enforceability of any
agreements you may have with Salon Done or its subsidiaries regarding such
Third-Party Services (e.g., the Platform Access Agreement, the Technology Services
Agreement and/or any similar agreements). To the extent (but only to the extent) any
agreement you may have with Salon Done regarding Third-Party Services you provide
conflicts with these Terms of Service, those agreements (and not these Terms of
Service) will prevail with respect to any disputes arising from your provision of
Third-Party Services; otherwise, any relevant provisions in these Terms of Service
apply.

1. Contractual Relationship; Termination; and Modification
In addition to these Terms of Service, your access to, and use of the Services is also
governed by the applicable terms found on our website. These include but are not
limited to: the Privacy Notice, which describes how we collect, use, and disclose your
personal information; the User Generated Content Terms; Community Guidelines;
Referral Policies;and Salon Done’s other applicable standards and policies (including,
without limitation, Salon Done’s safety standards, the accessibility policies, and the U.S.
Service Animal Policy), which we refer to collectively as the “Supplemental Terms.”
Collectively, we refer to these Terms of Service and the Supplemental Terms as the
“Terms.” These Terms govern your access or use, from within the United States and its
territories and possessions, of the Services made available in the United States and its
territories and possessions (the “Territory”). If you use the Services in another country,
you agree to be subject to Salon Done’s terms of service for that country. In these
Terms, the words “including” and "include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these
Terms. If you do not agree to these Terms, do not access or use the Services.
Termination.
Salon Done, in its sole discretion, may immediately terminate these Terms or any
Services with respect to you, or generally cease offering or deny access to the Services
or any portion thereof, at any time for any reason.Modification.
Salon Done reserves the right to modify these Terms or its policies relating to the
Services at any time, effective upon posting of an updated version of these Terms
through the Services or Salon Done’s website. You should regularly review these Terms,
as your continued use of the Services after any such changes constitutes your
agreement to such changes.

2. Arbitration Agreement
By agreeing to these Terms, you agree that you are required to resolve any claim that
you may have against Salon Done on an individual basis in binding arbitration as set
forth in this Arbitration Agreement, and not as a class, collective, coordinated,
consolidated, mass and/or representative action. Binding arbitration is a procedure in
which a dispute is submitted to one or more arbitrators who make a binding decision on
the dispute. In choosing binding arbitration, you and Salon Done are opting for a private
dispute resolution procedure where you agree to accept the arbitrator’s decision as final
instead of going to court. You and Salon Done are each waiving your right to a jury trial.
This Arbitration Agreement will preclude you from bringing any class, collective,
coordinated, consolidated, mass, and/or representative action against Salon Done, and
also preclude you from participating in or recovering relief in any current or future class,
collective, coordinated, consolidated, mass and/or representative action brought against
Salon Done by someone else—except as provided below in Section 2(a)(3)(c). Thus,
the parties agree that the Arbitrator shall not conduct any form of class, collective,
coordinated, consolidated, mass, and/or representative arbitration, nor join, coordinate,
or consolidate claims of multiple individuals against Salon Done in a single
proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of
doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement
precludes you from bringing or participating in any kind of class, collective, coordinated,
consolidated, mass, and/or representative or other kind of group, multi-plaintiff or joint
action against Salon Done, other than participating in a classwide, collective,
coordinated, consolidated, mass, and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and Salon Done.
(1) Covered Disputes: Except as expressly provided below in Section 2(b), you and
Salon Done agree that any dispute, claim, or controversy in any way arising out of or
relating to (i) these Terms and prior versions of these Terms, or the existence, breach,
termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your
access to or use of the Services at any time; (iii) incidents or accidents resulting in
personal injury or death to you or anyone else that you allege occurred in connectionwith your use of the Services (including, but not limited to, your use of the Salon Done
Marketplace Platform or the provider version of the Salon Done App), regardless of
whether the dispute, claim, or controversy occurred or accrued before or after the date
you agreed to these Terms, and regardless of whether you allege that the personal
injury or death was experienced by you or anyone else; and (iv) your relationship with
Salon Done, will be settled by binding individual arbitration between you and Salon
Done, and not in a court of law. This Arbitration Agreement survives after your
relationship with Salon Doneends.
(2) Class Action Waiver: Any and all disputes, claims, or controversies between the
parties shall be resolved only in individual arbitration. The parties expressly waive the
right to have any dispute, claim, or controversy brought, heard, administered, resolved,
or arbitrated as a class, collective, coordinated, consolidated, and/or representative
action, and neither an arbitrator nor an arbitration provider shall have any authority to
hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or
representative action, or to award relief to anyone but the individual in arbitration. The
parties also expressly waive the right to seek, recover, or obtain any non-individual
relief. Notwithstanding anything else in this agreement, this Class Action Waiver does
not prevent you or Salon Done from participating in a classwide, collective, and/or
representative settlement of claims.
The parties further agree that if for any reason a claim does not proceed in arbitration,
this Class Action Waiver shall remain in effect, and a court may not preside over any
action joining, coordinating, or consolidating the claims of multiple individuals against
Salon Done in a single proceeding, except that this Class Action Waiver shall not
prevent you or Salon Done from participating in a classwide, collective, and/or
representative settlement of claims. If there is a final judicial determination that any
portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any
class, collective, coordinated, consolidated, and/or representative claims subject to the
unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction;
(ii) the portion of the Class Action Waiver that is enforceable shall be enforced in
arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this
Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s)
shall have no impact whatsoever on the enforceability, applicability, or validity of the
Arbitration Agreement or the arbitrability of any remaining claims asserted by you or
Salon Done.
(3) Mass Actions:
a. Mass Action Waiver: Any and all disputes, claims, or controversies between the
parties shall be resolved only in individual arbitration. The parties expressly waive the
right to have any dispute, claim, or controversy brought, heard, administered, resolved,or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall
have any authority to hear, arbitrate, or administer any mass action or to award relief to
anyone but the individual in arbitration—except as provided below in Section 2(a)(3)(c).
The parties also expressly waive the right to seek, recover, or obtain any non-individual
relief. The parties agree that the definition of a “Mass Action” includes, but is not limited
to, instances in which you or Salon Done are represented by a law firm or collection of
law firms that has filed 50 or more arbitration demands of a substantially similar nature
against the other party within 180 days of the arbitration demand filed on your or Salon
Done’S behalf, and the law firm or collection of law firms seeks to simultaneously or
collectively administer and/or arbitrate all the arbitration demands in the aggregate.
Notwithstanding anything else in this agreement, this Mass Action Waiver does not
prevent you or Salon Done from participating in a mass settlement of claims.
b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable
arbitration provider’s rules, the arbitrator shall be empowered to determine whether the
party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver.
Either party shall raise with the arbitrator or arbitration provider such a dispute within 15
days of its arising. If such a dispute arises before an arbitrator has been appointed, the
parties agree that (i) a panel of three arbitrators shall be appointed to resolve only
disputes concerning whether the party bringing any claim has filed a Mass Action in
violation of the Mass Action Waiver. Each party shall select one arbitrator from the
arbitration provider’s roster to serve as a neutral arbitrator, and these arbitrators shall
appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third
arbitrator, the arbitration provider will select the third arbitrator; (ii) Salon Done shall pay
any administrative fees or costs incidental to the appointment of Arbitrators under this
provision, as well as any fees or costs that would not be incurred in a court proceeding,
such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators
shall issue a written decision with findings of fact and conclusions of law; and (iv) any
further arbitration proceedings or assessment of arbitration-related fees shall be stayed
pending the arbitrators’ resolution of the parties’ dispute. If the arbitrator or panel of
arbitrators determines that you have violated the Mass Action Waiver, the parties shall
have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of
arbitrator’s decision. You may opt out of arbitration by providing written notice of your
intention to opt out to the arbitration provider and to Salon Done llc , Attn: Legal
Department, 8 The Green STE B, Dover DE 19901. This written notice must be signed by
you, and not any attorney, agent, or other representative of yours. Salon Done may opt
out of arbitration by sending written notice of its intention to opt out to the arbitration
provider and to you or your attorney, agent, or representative if you are represented. For
the avoidance of doubt, the ability to opt out of arbitration described in this Section
2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you haveviolated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree
that arbitrations will be batched as provided in Section 2(a)(3)(c) below.
c. Batching:
i. To increase efficiency of resolution in the event a Mass Action is filed and neither party
exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the
following procedure shall apply. At the request of either party, an arbitrator shall be
selected according to the applicable arbitration provider’s rules to act as a special
master (“Special Master”) to resolve threshold disputes regarding the propriety of some
or all the arbitration demands submitted in the Mass Action (“Mass Arbitration
Demands”). These threshold disputes may include, but are not limited to:
1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands,
including whether claimants have submitted valid fee waivers;
2. Any dispute regarding whether the applicable arbitration provider has complied with
the Arbitration Agreement with respect to processing and administering the Mass
Arbitration Demands;
3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements
set forth in Section 2(d) below;
4. Whether claimants are barred from proceeding with their claims based on a prior
settlement agreement, violation of these Terms, or expiration of the statute of limitations;
5. Any dispute relating to representation of the same claimant by multiple law firms;
6. Any dispute regarding whether the Mass Arbitration Demands were filed with the
correct arbitration provider;
7. Any dispute regarding discovery common to all claims; and
8. Any disputes regarding legal or factual issues common to all claims.
Any such request shall be made within 15 days following the expiration of the opt-out
period described in Section 2(a)(3)(b), and may be made by providing written notice to
the arbitration provider. Upon the request of either party to appoint a Special Master to
resolve the foregoing issues, the applicable arbitration provider shall refrain from further
processing any of the Mass Arbitration Demands to which a dispute has been raised.
No further payment for filing fees, administrative costs, or arbitrator fees shall be
deemed due with respect to any of the Mass Arbitration Demands as to which a dispute
has been raised until after the dispute(s) has/have been resolved by the Special Master.Salon Done shall be responsible for the applicable arbitration provider’s and Special
Master’s fees and costs related to the proceedings before the Special Master.
A Special Master appointed pursuant to this procedure shall have no authority to
consolidate cases.
ii. After proceedings before the Special Master have concluded, to the extent any of the
Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass
Arbitration Demands into batches of no more than 100 demands per batch by state of
residence, and then alphabetically by last name (plus, to the extent there are less than
100 arbitration demands left over after the batching described above, a final batch
consisting of the remaining demands), and shall inform the arbitration provider of the
batches and their compositions within 14 days of the conclusion of proceedings before
the Special Master. The arbitration provider shall treat each batch of claims as one
case, with each case having one demand for arbitration, one appointed arbitrator, and
one set of administrative documents and administrative and filing fees per batch. The
parties shall randomly assign sequential numbers to each batch, and only one batch
shall proceed to arbitration at a time in the order of the random sequential numbers. A
separate arbitrator will be appointed to, and administrative and filing fees assessed for,
each batch as the batch proceeds to arbitration. You agree to cooperate in good faith
with Salon Done and the arbitration provider to implement such a batch approach to
resolution and fees. Nothing in this provision shall be construed as limiting the right to
object that the filing or presentation of multiple arbitration demands by or with the
assistance of the same law firm or organization violates any term of this Agreement.
iii. If any Mass Arbitration Demands were originally processed as individual arbitration
demands before this batching procedure was commenced, further proceedings,
including the assessment of further arbitration filing or administration fees to either party
shall be governed by the procedures set forth in this Section 2(a)(3).
(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve any dispute arising out of or relating to
the interpretation, applicability, enforceability, or formation of this Arbitration Agreement,
including without limitation any claim that all or any part of this Arbitration Agreement is
void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold
arbitrability issues, including issues relating to whether these Terms are applicable,
unconscionable, or illusory and any defense to arbitration, including without limitation
waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and
not an arbitrator, shall have the exclusive authority to resolve any and all disputes
arising out of or relating to the Class Action Waiver and Mass Action Waiver, including,
but not limited to, any claim that all or part of the Class Action Waiver and/or Mass
Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—except that,as stated and pursuant to the procedures provided in Section 2(a)(3)(b), an arbitrator or
panel of arbitrators shall have authority to determine whether the party bringing any
claim has violated the Mass Action Waiver.
(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and
shall include any claims brought by or against any third parties, including but not limited
to your spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns,
where their underlying claims arise out of or relate to your use of the Services. To the
extent that any third-party beneficiary to this agreement brings claims against the
Parties, those claims shall also be subject to this Arbitration Agreement.
(b) Exceptions to Arbitration.
Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of
the following claims: (i) individual claims brought in small claims court so long as the
matter remains in such court and advances only on an individual basis; (ii) individual
claims of sexual assault or sexual harassment occurring in connection with your use of
the Services; and/or (iii) injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement, misappropriation, or
violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual
property rights.
Such claims may be brought and litigated in a court of competent jurisdiction by you on
an individual basis only. On an individual basis means that you cannot bring such claims
as a class, collective, coordinated, consolidated, mass, and/or representative action
against Salon Done. For the avoidance of doubt, this precludes you from bringing
claims as or participating in any kind of any class, collective, coordinated, consolidated,
mass, and/or representative or other kind of group, multi-plaintiff, or joint action against
Salon Done and no action brought by you may be consolidated or joined in any fashion
with any other proceeding. Where your claims are brought and litigated to completion on
such an individual basis in a court of competent jurisdiction, Salon Done agrees to
honor your election.
The parties’ agreement not to require arbitration in these limited instances does not
waive the enforceability of this Arbitration Agreement as to any other provision
(including, but not limited to, the waivers provided for in Section 2(a), which will continue
to apply in court as well as in arbitration), or the enforceability of this Arbitration
Agreement as to any other controversy, claim, or dispute.
(c) Rules and Governing Law.
For disputes arising in California, the arbitration will be administered by ADR Services,
Inc. (“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect atthe time that the claim is brought, unless the parties agree otherwise in writing. The
ADR Rules are available at www.adrservices.com or by searching for “ADR Arbitration
Rules” using a search engine such as www.google.com. The arbitration shall be heard
by one arbitrator (the “Arbitrator”) selected in accordance with the ADR Rules.
For disputes arising outside of California (or for disputes arising in California only if ADR
cannot or will not administer the arbitration), the parties shall be required to meet and
confer to select a neutral arbitration provider. Such an arbitration provider shall have
operations in the state in which the dispute arises. If the parties are unable to mutually
agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request
that a court of competent jurisdiction appoint an arbitration provider with operations in
the state in which the dispute arises. Any arbitration provider appointed by a court under
9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this
Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an
arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall
commence pursuant to the rules of the designated arbitration provider, except as
designated herein. Once an arbitration provider is agreed upon or appointed, an
Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an
attorney licensed to practice law in the state where the arbitration is conducted with
experience in the law underlying the dispute. The Arbitrator will be selected by the
parties from the applicable arbitration provider’s roster of arbitrators. If the parties are
unable to agree upon an Arbitrator after a good faith meet and confer effort, then the
applicable arbitration provider will appoint the Arbitrator in accordance with its rules.
Notwithstanding any choice of law or other provision in these Terms, the parties agree
and acknowledge that this Arbitration Agreement evidences a transaction involving
interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”),
will govern its interpretation and enforcement and proceedings pursuant thereto. It is the
intent of the parties to be bound by the provisions of the FAA for all purposes, including,
but not limited to, interpretation, implementation, enforcement, and administration of this
Arbitration Agreement, and that the FAA and the applicable arbitration provider’s rules
shall preempt all state laws to the fullest extent permitted by law. All statutes of
limitations that would otherwise be applicable will apply to any arbitration proceeding. If
the FAA and applicable arbitration provider’s rules are found to not apply to any issue
regarding the interpretation or enforcement of this Arbitration Agreement, then that
issue shall be resolved under the laws of the state where you reside when you accept
these Terms.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents
resulting in personal injury (including but not limited to sexual assault or harassment
claims) or death that you allege occurred in connection with your use of the Services,whether before or after the date you agreed to the Terms, shall be governed by and
construed in accordance with the laws of the state in which the incident or accident
occurred.
(d) Process.
Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith
informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually
beneficial outcome. The parties therefore agree that, before either party demands
arbitration against the other, we will personally meet and confer, via telephone or
videoconference, in a good-faith effort to resolve informally any claim covered by this
Arbitration Agreement. Multiple individuals initiating claims cannot participate in the
same informal telephonic dispute resolution conference. If you are represented by
counsel, your counsel may participate in the conference, but you shall also fully
participate in the conference. The party initiating the claim must give notice to the other
party in writing of their intent to initiate an informal dispute resolution conference, which
shall occur within 60 days after the other party receives such notice, unless an
extension is mutually agreed upon by the parties. To notify Salon Done that you intend
to initiate an informal dispute resolution conference, write to Salon Done LLC Attn:
Legal Department, 8 The Green STE B, Dover DE 19901, providing your name, the
telephone number(s) associated with your Salon Done account (if any), the email
address(es) associated with your Salon Done account, and a description of your claim.
Engaging in an informal dispute resolution conference is a condition precedent that
must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any
arbitration demand filed before completion of an informal dispute resolution conference.
The statute of limitations and any filing fee deadlines shall be tolled while the parties
engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. In order to initiate arbitration following the conclusion of the
informal dispute resolution process required by this Section, a party must provide the
other party with a written demand for arbitration and file the demand with the applicable
arbitration provider, as determined by Section 2(c). A party initiating an arbitration
against Salon Done must send the written demand for arbitration to 8 The Green STE B,
Dover DE 19901, or serve the Demand on Salon Done’S registered agent for service of
process, c/o Salon Done LLC (the name and current contact information for the
registered agent in each state are available online here). Additionally, a party initiating
arbitration against Salon Done must send an electronic version of the demand for
arbitration to the Arbitration Provider, and must send an electronic version of the as-filed
demand.
By signing the demand for arbitration, counsel certifies to the best of counsel’s
knowledge, information, and belief, formed after an inquiry reasonable under thecircumstances, that (i) the demand for arbitration is not being presented for any
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase
the cost of dispute resolution; (ii) the claims and other legal contentions are warranted
by existing law or by a nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law; and (iii) the factual contentions have evidentiary
support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery. The Arbitrator shall be
authorized to afford any relief or impose any sanctions available under Federal Rule of
Civil Procedure 11 or any applicable state law for either party’s violation of this
requirement.
(e) Location.
Unless you and Salon Done otherwise agree, if you reside in the United States, the
arbitration will be conducted in the county where you reside. If you do not reside in the
United States, the arbitration will be conducted in the county where the dispute arises.
Your right to a hearing will be determined by the applicable arbitration provider’s rules.
Subject to the applicable arbitration provider’s rules, the Arbitrator will have the
discretion to direct a reasonable exchange of information by the parties, consistent with
the expedited nature of the arbitration.
(f) Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, any party may serve an
offer in writing upon the other party to allow judgment on specified terms. If the offer is
accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who
shall enter judgment accordingly. If the offer is not accepted prior to the arbitration
hearing or within 30 days after it is made, whichever occurs first, it shall be deemed
withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by
one party is not accepted by the other party, and the other party fails to obtain a more
favorable award, the other party shall not recover their post-offer costs and shall pay the
offering party’s costs from the time of the offer.
(g) Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the applicable
arbitration provider’s rules. Judgment on the arbitration award may be entered in any
court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief
only in favor of the claimant and only to the extent necessary to provide relief warranted
by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on
all parties.The Arbitrator is not bound by decisions reached in separate arbitrations, and the
Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the
subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing
party in accordance with the law(s) of the state in which arbitration is held.
(h) Fees.
With the exception of the provisions governing payment of arbitration costs set forth
above, your responsibility to pay any filing, administrative, and arbitrator fees will be
solely as set forth in the applicable arbitration provider’s rules and shall be up to the
amount you would be required to pay if you filed a claim in court.
If you have a gross monthly income of less than 300% of the federal poverty guidelines,
you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If
you believe that you meet the requirements to obtain a fee waiver, and your demand for
arbitration arises outside of California, then you may request a fee waiver only by
submitting to the arbitration provider AO 240, Application to Proceed in District Court
Without Prepaying Fees or Costs, or a declaration under oath containing all the
information required by AO 240; if your demand for arbitration arises in California, then
you must submit a declaration under oath providing your monthly income and the
number of persons in your household.
Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs
that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If
such a dispute arises before an arbitrator has been appointed, and if no Special Master
has been requested by either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the
parties agree that (i) the due date for any disputed fees shall be stayed pending
resolution of the parties’ dispute, (ii) a panel of three arbitrators shall be appointed to
resolve the parties’ dispute concerning a party’s obligation to pay fees or costs of
arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one
arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and these
arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree
on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) Salon
Done shall pay any administrative fees or costs incidental to the appointment of a panel
of arbitrators under this provision, as well as any fees or costs that would not be
incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well
as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact
and conclusions of law. If two or more fee disputes between a claimant and Salon Done
arise at or around the same time, the disputes may be consolidated for resolution by asingle arbitrator or panel of arbitrators either at the agreement of the parties or the
election of the party common to all such disputes.
(i) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for
any reason, (i) the unenforceable or unlawful provision shall be severed from these
Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact
whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to
compel arbitration of any remaining claims on an individual basis pursuant to the
Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on
a class, collective, consolidated, or representative basis, such claims must be litigated
in a civil court of competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims shall be stayed pending the outcome of any individual claims in
arbitration.
3. The Services
The Services enable you and other consumers to find, request, or receive (i) Third-Party
Services from third party service providers, including without limitation, merchants,
retailers, independent service providers (“Third-Party Providers”); (ii) related
personalized content, including features, recommendations and advertisements for
products or services tailored to your needs and interests; and (iii) certain supporting
services, including providing you the ability to express certain preferences about the
Third-Party Services or Third-Party Providers, payment processing and customer
support. Unless otherwise agreed by Salon Done in a separate written agreement with
you, these Services are made available solely for your personal, noncommercial use.
Once you make a request, Salon Done notifies Third-Party Providers that an opportunity
is available so that the Third-Party Provider may complete your request. It is up to the
Third-Party Provider to decide whether or not to offer Third-Party Services to you or at
all, and it is up to you to decide whether or not to accept such services from a
Third-Party Provider. Please note that once your request for the Services has begun,
you may no longer have the option to reschedule or cancel. If Salon Done is able to
reschedule or cancel your request, you may be charged a fee and/or may not be
refunded for items that have been purchased on your behalf.
SALON DONE IS NOT A COMMON OR PROFESSIONAL PROVIDER AND DOES
NOT CONDUCT OR PROVIDE PROFESSIONAL SERVICES. GENERALLY, THE
SERVICES ARE ONLY OPEN TO LICENSED USERS OF THE SERVICES AND NOT
TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE,
OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS INCONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH SALON
DONE AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES.
THIRD-PARTY PROVIDERS ARE INDEPENDENT AND NOT ACTUAL AGENTS,
APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF SALON DONE
IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER
EFFORT UNDERTAKEN BY SALON DONE TO FACILITATE YOUR RECEIPT OF
THIRD PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY
(WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN
INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR
OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER.
App Stores.
The availability of the Services may be dependent on the third-party from which you
received the license to the Salon Done App, e.g., the Apple iPhone or Android app
stores (“App Store”). These Terms are between you and Salon Done and not with the
App Store and Salon Done is responsible for the provision of Services as described in
these Terms. However, if you downloaded the Salon Done App from the Apple App
Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your
acceptance of these Terms, Apple shall have the right (and will be deemed to have
accepted the right) to enforce these Terms against you as a third-party beneficiary
thereof. These Terms incorporate by reference Apple’s Licensed Application End User
License Agreement, for purposes of which, you are the “end-user.” In the event of a
conflict in the terms of the Licensed Application End User License Agreement and these
Terms, these Terms will control.
Ownership; License; and Restrictions.
The Services and all rights, title, and interest, including all related intellectual property
rights therein are and shall remain Salon Done’S property or the property of Salon
Done’S licensors. These Terms are not a sale and do not convey or grant to you any
rights in or related to the Services, or any intellectual property rights owned by Salon
Done or its licensors, except for the limited license granted herein.
Subject to your compliance with these Terms, Salon Done grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and
use the Salon Done App solely in connection with your use of the Services on your
personal device; and (ii) access and use any content, information and related materials
that may be made available through the Services, in each case solely for your personal,
noncommercial use. Any rights not expressly granted herein are reserved by Salon
Done and Salon Done’s licensors. You agree that you will not use Salon Done’s
copyrights, trademarks, service marks, or trade dress, aside from use incidental to youruse of the Services, without express, written permission from Salon Done. This
prohibition includes use in domain names, websites, and social media accounts. You
may not: (i) remove any copyright, trademark or other proprietary notices from any
portion of the Services; (ii) reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit,
stream, broadcast or otherwise exploit the Services except as expressly permitted by
Salon Done; (iii) decompile, reverse engineer or disassemble the Services except as
may be permitted by applicable law; (iv) link to, mirror or frame any portion of the
Services; (v) cause or launch any programs or scripts for the purpose of, or which result
in, unduly burdening or hindering the operation and/or functionality of any aspect of the
Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the
Services or its related systems or networks.
4. Third-Party Services and Content
While many Third-Party Services are available in the Salon Done App, certain
Third-Party Services or content are only accessible by exiting the Salon Done App
(“Out-of-App Experiences”). Once you click on a link to access Out-of-App Experiences,
you will be subject to the terms and conditions and privacy policy of that website,
destination, or Out-of-App Experience provider, which are different from Salon Done’s.
Salon Done will not warn you that you have left the Services or that you are subject to
the terms and conditions (including privacy policies) of another website, destination, or
Out-of-App Experience provider. You use all links in third-party websites and
advertisements at your own risk as these are not part of the Services and are not
controlled by Salon Done. Salon Done does not endorse such Out-of-App Experience
providers and in no event shall Salon Done be responsible or liable for any products or
services of such providers.
Third-Party Services may be subject to additional terms, conditions, fees, and policies
imposed by the Third-Party Provider. In the event of a conflict in the terms of any
Third-Party Services and these Terms, these Terms shall control with respect to Salon
Done and your agreements with Salon Done herein, and the limitations of liability set
forth in Section 8 shall also apply to claims involving a Third-Party Provider. The
Arbitration Agreement provisions in Section 2 above shall apply instead of the terms of
any Third-Party Services for all purposes except with respect to claims that are solely
against the Third-Party Provider.
5. Accessing the Services
User Accounts.In order to use most aspects of the Services, you must register for and maintain an
active personal user Services account (“Account”). Unless a specific Service provides
otherwise: (i) you must be at least 18 years of age, or the age of legal majority in your
jurisdiction (if different than 18), to obtain an Account, (ii) you may only possess one
Account and (iii) you may not assign or otherwise transfer your Account to any other
person or entity. Salon Done maintains the right to delete or deactivate duplicate
accounts. You are responsible for all activity that occurs under your Account, and you
agree to maintain the security and secrecy of your Account credentials at all times.
You cannot register for or maintain an Account if you have previously been banned from
accessing or using the Services. Account registration may require you to submit to
Salon Done certain personal information, such as your name, address, still or live photo,
mobile phone number and age, as well as at least one valid payment method that you
are authorized to use and is supported by Salon Done (“Account Information”). You are
responsible for providing accurate Account Information and in certain instances, you
may be asked to provide proof of age, identity or other method of identity verification to
access or use the Services. You may be denied access to, or use of, the Services if you
refuse to provide (or we are unable to verify) proof of age, identity, or other method of
identity verification. Additionally, you authorize your wireless carrier to use or disclose
information about your account and your wireless device, if available, to Salon Done or
its service providers for the duration of your business relationship, solely to help Salon
Done identify you or your wireless device and to prevent fraud.
Salon Done also disable or delete your account if after registration your account is not
confirmed (where applicable), your account is unused and remains inactive for an
extended period of time, if we detect someone may have used it without your
permission and we are unable to confirm your ownership of the account, or where we
are required to do so under applicable law. To the maximum extent permitted by
applicable law, Salon Done and its affiliates assume no liability for such loss of access
and use and will have no obligations related to such loss. If you discontinue your use of
Salon Done, or we disable your access to or use of the Services, these Supplemental
Terms shall terminate as an agreement between you and us with respect to those
Services, but certain sections will survive termination as provided herein.
For more information regarding Salon Done use of your personal information, please
see our Privacy Notice.
Minors.
You may not authorize third-parties to use your Account, and you may not allow persons
under the age of 18 to use the Services unless they are accompanied by you or an
adult. However, we may offer parents and guardians the ability to create Accounts fortheir children. If you are a parent or legal guardian, and you allow your child to use the
Services, then these Terms apply to you and you are responsible for your child’s activity
on the Services. If you are under the age to obtain an Account, you must have your
parent or legal guardian’s permission to use an Account and accept any additional
terms required in connection with your access and use of the Services as a minor.
Please have your parent or legal guardian read these additional terms with you. Please
note: if there is an incident involving minors, in addition to any mandatory reporting
obligations, Salon Done may also proactively report incidents to the applicable
authorities.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the
Services. Your mobile network's data and messaging rates and fees may apply if you
access or use the Services from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services
and any updates thereto. Salon Done does not guarantee that the Services, or any
portion thereof, will function on any particular hardware or devices. In addition, the
Services may be subject to malfunctions and delays inherent in the use of the Internet
and electronic communications. Salon Done is not responsible for any resulting delays,
delivery failures, or damage, loss, injury or death.
6. User Conduct and Requirements; Communications; and
User Content
User Conduct and Requirements.
In addition to complying with these Terms, you agree to comply with all applicable laws
when accessing or using the Services, and you may only access or use the Services for
lawful purposes. You may not access or use the Services to cause nuisance,
annoyance, inconvenience, damage, or loss to Salon Done, the Third-Party Provider, or
any other party.
If you request a service option where a Third-Party Provider agrees to provide you with
assistance, Salon Done is not responsible for any injury, death or incident that may
arise out of the assistance provided by the Third-Party Provider.
Subject to the discretion of a Third-Party Provider, you may be allowed to have animals,
such as a dog or cat, on a service requested through the Services. For such services,
you are responsible for properly securing the animal with a leash, harness, crate /
carrier, or through other means. You are also responsible for ensuring that the animaldoes not cause damage or a mess to the Third-Party Provider or their property. You
may be subject to a Charge for Repair or Cleaning under Section 6 below for any
damage or mess caused by an animal that is caused during a service requested under
your Account. Please note, in accordance with Salon Done’s policies on Service
Animals and Assistive Devices, Service Animals are generally permitted to accompany
customers without extra charge, regardless of whether it is a Pet Friendly service.
For the purpose of assisting us with our compliance and insurance obligations, you
agree to notify us within 24 hours and provide us with all reasonable information relating
to any incident or accident that occurs during your use of the Services and you agree to
cooperate with any investigation and attempted resolution of such incident.
Communications with Salon Done.
By creating an Account, you electronically agree to accept and receive communications
from Salon Done, Third-Party Providers or third parties providing services to Salon
Done including via email, text message, WhatsApp, calls, in-app communications, and
push notifications to the telephone number(s) or email addresses you provided to Salon
Done. You may also receive communications generated by automatic telephone dialing
systems and/or which will deliver prerecorded or automated messages sent by or on
behalf of Salon Done, and/or Third-Party Providers, including but not limited to
communications concerning requests placed through your Account on the Services.
Message and data rates may apply. You can learn more about how Salon Done may
contact you by reading our Privacy Notice.
You may change your notification preferences by accessing Settings in your Account. To
opt out of receiving text messages from Salon Done, you must reply “STOP” from the
mobile device receiving the messages. Text messages between you and Third-Party
Providers are transactional text messages, not promotional text messages. You
acknowledge that opting out of receiving all communications may impact your use of the
Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your
Account, Salon Done may contact you using any of the contact information you
provided in connection with your Account (including via text or voice-recorded
message).
Use of Accounts Owned by Others.
In the event you use a Salon Done product or service that enables use of or billing to
another person or business, certain information will be shared with that party. This may
include information regarding the time and date of services you request, logistics and/or
products requested, and the associated charges for such services. If used to request
services, we may also share information with such person or business regardingsafety-related incidents that occur in connection with such services. You acknowledge
that such data sharing is a condition of use of any such Salon Done product or service.
User Provided Content; Feedback.
Content that you provide to Salon Done is governed by Salon Done Generated Content
Terms, which are incorporated in these Terms by reference. Feedback that you provide
to Salon Done is governed by Salon Done’s Feedback Policy, which are incorporated in
these Terms by reference.
7. Payment
Prices & Charges.
Your use of the Services may result in charges to you for the services or goods you
receive from Salon Done and/or from Third-Party Providers (“Charges”). Prices
displayed to you when purchasing goods through the Services may be inclusive of retail
prices charged by the Third-Party Provider and fees paid to Salon Done. Salon Done
will enable your payment of the applicable Charges for services or goods obtained
through your use of the Services. Charges will include applicable taxes where required
by law. Charges may include other applicable fees such as delivery fees, service fees,
product return fees, cancellation fees, government-mandated fees (such as bag fees),
estimated or actual tolls, and/or surcharges. Further, Charges applicable in certain
geographical areas may increase substantially during times of high demand or due to
other marketplace factors.
With respect to Third-Party Providers, Charges you incur will be owed directly to
Third-Party Providers, and Salon Done will collect payment of those charges from you,
on the Third-Party Provider’s behalf as their limited payment collection agent, and
payment of the Charges shall be considered the same as payment made directly by you
to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall
be considered to occur at the moment you submit payment through Salon Done. You
retain the right to request lower Charges from a Third-Party Provider for services or
goods received by you from such Third-Party Provider at the time you receive such
services or goods. A Third-Party Provider also retains the right to request higher
Charges from you for services or goods provided. For example, a Third-Party Provider
that is a merchant may collect lower or higher charges where the actual goods provided
differ from the products originally requested, including in connection with differences in
quantity, weight, or item type. Subject to requests from you to lower such Charges from
a Third-Party Provider, you agree to pay such higher or lower Charges associated with
such product differences. Salon Done will consider in good faith any request from a
Third-Party Provider to modify the Charges for a particular service or good. Thispayment structure is intended to fully compensate a Third-Party Provider, if applicable,
for the services or goods obtained in connection with your use of the Services.
There also may be certain Charges you incur that will be owed and paid directly to
Salon Done or its affiliates. For the avoidance of doubt, Salon Done does not charge a
fee for you to access the Salon Done App, but may charge you a fee or any other
Charge for accessing Third-Party Services. Even if not indicated in the Salon Done App,
the prices for product or menu items displayed through the Services may differ from the
prices offered or published by Third-Party Providers for the same product or menu
items, including as may be offered or published at a physical location operated by a
Third-Party Provider, and/or from prices available at other third-party websites/mobile
applications. Prices for product or menu items displayed through the Services may not
be the lowest prices at which the product or menu items are sold.
When you add a payment method to your account, you authorize us and our payment
service providers to collect and store your payment method information. Any payment
method added by you will be automatically saved to your Salon Done wallet. You can
add multiple payment methods to your wallet, and you agree that Salon Done may
charge any of these payment methods for any future transactions or charges. Your
default payment method is identified in your profile page within the Salon Done wallet. If
your default payment method is expired, invalid or otherwise not able to be charged,
you agree that Salon Done may charge any other available payment method saved in
your wallet. You can change your default payment method at any time.
If your payment method’s account information changes (e.g., account number, routing
number, expiration date) as a result of re-issuance, expiration or otherwise, we may
automatically update your payment method on file, in accordance with applicable law, if
we acquire that information from our financial services partners or your bank. We
reserve the right to decline, refuse or limit the use of any payment methods that we
believe may be unauthorized, fraudulent or illegal or may violate our policies or
procedures or otherwise expose Salon Done to an unacceptable level of risk.
When you pay for any Charges using your bank account as your selected payment
method, you authorize us to debit your bank account for the total cost of all Charges,
including any applicable taxes and fees. You also authorize us to further debit or credit
your bank account to correct any erroneous debits, make adjustments to your payment,
or issue a refund back to your bank account. Your bank account must be able to accept
debits denominated in USD.
Certain payment methods may involve the use of third-party payment service providers
not affiliated with Salon Done. You may be subject to additional fees imposed by these
payment service providers in connection with processing your payment. Salon Done isnot responsible for any of these fees and disclaims all liability for such fees. You should
review the payment service provider’s terms of use before using such payment method.
As between you and Salon Done, Salon Done reserves the right to establish or adjust
Charges for any or all services or goods obtained through the use of the Services at any
time. Salon Done will use reasonable efforts to inform you of Charges that may apply,
provided that you will be responsible for Charges incurred under your Account
regardless of your awareness of such Charges or the amounts thereof.
Refunds.
Charges paid by you are final and non-refundable, unless otherwise determined by
Salon Done and the Third-Party Provider assessing the Charge. If you have any
requests for cancellations, refunds, or returns, or if you think a correction should be
made to any Charge you incurred, please visit the “Help” tab in your Account to initiate
such requests within 30 days after the Charge took place or Salon Done will have no
further responsibility and you waive your right to later dispute the amounts charged.
Promotional Offers.
Certain users may, from time to time, receive promotional offers and discounts that
result in different amounts charged for the same or similar services or goods obtained
through the use of the Services, and you agree that such promotional offers and
discounts, unless also made available to you, shall have no bearing on your use of the
Services or the Charges applied to you. Promotional offers and discounts are subject to
change or withdrawal at any time and without notice.
Gratuity.
Except for amounts provided by you through the Services as part of the “tip” feature,
Salon Done does not designate any portion of your payment as a tip or gratuity to a
Third-Party Provider. You understand and agree that, while you are free to provide
additional payment as a gratuity to any Third-Party Provider who provides you with
services or goods obtained through the Service, you are under no obligation to do so.
Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.
Salon Done may charge you a fee on behalf of Third-Party Providers if, during your use
of the Services, you have caused damage to property that requires repair or cleaning
(“Repair” or “Cleaning”). The amount of such fee shall be determined, in Salon Done’s
sole discretion, based on the type of damage and the severity. Salon Done reserves the
right to verify or otherwise require documentation of damages prior to processing a fee.
In the event that a Repair or Cleaning request is verified by Salon Done in Salon Done’sreasonable discretion, Salon Done reserves the right to facilitate payment for the
reasonable cost of such Repair or Cleaning using your payment method designated in
your Account. Such amounts, as well as those pertaining to lost and found goods, will
be transferred by Salon Done to a Third-Party Provider, if applicable, and are
non-refundable. Additionally, if you fail to comply with these Terms, you may be
responsible for Charges, including without limitation, for transactions that could not be
completed properly, arising out of or in connection with your failure to comply with these
Terms.
Gifting
You may purchase certain items from our Third-Party Providers that can be delivered as
gifts to family, friends or other individuals (“Recipients”). Any gift messages or video
messages must comply with and are subject to Salon Done’s Community Guidelines. If
you purchase a gift, you must provide the Recipient’s name and mobile phone number
at the time of purchase. You represent that you have obtained consent from the
Recipient to share any information about the Recipient that you provide to Salon Done
including name, address, phone number, and any other personal information. You can
elect to schedule the delivery of the gift at the time of purchase on behalf of the
Recipient or you may allow the Recipient to schedule delivery. If you are allowing
Recipient to schedule service, Recipient must schedule such service for a date no later
than 90 days following the date of purchase (“Redemption Period”). In order for a
Recipient to schedule the delivery and redeem a gift purchase, the Recipient must have
an active Account. If the Recipient does not have an active Account with Salon Done,
Recipient will be required to open an Account to schedule the delivery. If service to
Recipient is scheduled by you, the Recipient is not required to have an Account.
Fulfillment of the order must take place before 11:59pm PST on the eighty ninth day of
the Redemption Period (“Redemption Deadline”). If the order is not redeemed by the
Redemption Deadline, the order will be canceled and the sender will be refunded for the
full value of the gift, including all service fees, taxes and any tip. If a selected service is
unavailable or otherwise cannot be performed to the Recipient, the Recipient will
receive a gift credit in the form of Salon Done Cash for the value of the gift plus
applicable fees and taxes. Gift orders cannot be canceled by you once placed.
8. Disclaimers; Limitation of Liability; and Indemnity
Disclaimers.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SALON DONE
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR
STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SALON DONE MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR
ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE
SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE.
SALON DONE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR
ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK
ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD
REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
SALON DONE DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY
PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT
AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF SALON DONE. IF A
DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU
RELEASE SALON DONE FROM LOSSES OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES.
SALON DONE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR
ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO
BY THE SERVICES. SALON DONE CANNOT AND DOES NOT REPRESENT OR
WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
SALON DONE’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES
OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY
OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF
ANY KIND, EXPRESSED OR IMPLIED.
Limitation of Liability.
SALON DONE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE
RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY
USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE,AFFIRMATIVE, SOLE, OR CONCURRENT) OF SALON DONE, EVEN IF SALON
DONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SALONE DONE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR
LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES
OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY
PROVIDER, EVEN IF SALON DONE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SALON DONE SHALL NOT BE LIABLE FOR DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM CAUSES BEYOND SALON DONE’S
REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS
ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR
EMPLOYEES OF SALON DONE .
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES,
GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU
AGREE THAT SALON DONE HAS NO RESPONSIBILITY OR LIABILITY TO YOU
RELATED TO ANY SERVICES, GOODS OR LOGISTICS SERVICES PROVIDED TO
OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS
EXPRESSLY SET FORTH IN THESE TERMS.
SALON DONE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES
ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD
SEAT SYSTEMS FOR GUESTS ON SERVICES REQUESTED THROUGH THE
SERVICES FOR WHOM A CHILD SEAT WARRANTED.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO
LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE
EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, SALON DONE’S LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON
SALON DONE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold Salon Done and its affiliates and their officers,
directors, employees, and agents harmless from and against any and all actions,
claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’
fees), arising out of or in connection with: (i) your use of the Services or services or
goods obtained through your use of the Services; (ii) your breach or violation of any ofthese Terms; (iii) Salon Done’s use of your User Content; or (iv) your violation of the
rights of any third party, including Third-Party Providers.
9. Other Provisions
Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the
state in which your dispute arises, without regard to the choice or conflict of law
principles of any jurisdiction, except as may be otherwise provided in the Arbitration
Agreement in Section 2 above or in Supplemental Terms applicable to your region. This
Choice of Law provision applies only to the interpretation of these Terms, and these
provisions shall not be interpreted as generally extending any state’s law to you if your
dispute did not arise in that state.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents
resulting in personal injury or death (including but not limited to sexual assault or
harassment claims) that you allege occurred in connection with your use of the
Services, whether before or after the date you agreed to these Terms, shall be governed
by and construed in accordance with the laws of the state in which the incident or
accident occurred.
Choice of Forum.
Any dispute, claim, or controversy arising out of or relating to these Terms or the
existence, breach, termination, enforcement, interpretation or validity thereof, shall be
brought exclusively in the state or federal courts of the state in which the dispute, claim
or controversy arose, notwithstanding that other courts may have jurisdiction over the
parties and subject matter, except as may be otherwise provided by the Arbitration
Agreement above or in Supplemental Terms applicable to your region.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or
relating to incidents or accidents resulting in personal injury (including but not limited to
sexual assault or harassment claims) that you allege occurred in connection with your
use of the Services, whether before or after the date you agreed to these Terms, shall
be brought exclusively in the state or federal courts in the state in which the incident or
accident occurred, notwithstanding that other courts may have jurisdiction over the
parties and subject matter, and except as may be otherwise provided in the Arbitration
Agreement in Section 2 or in Supplemental Terms applicable to your region, to the
extent permitted by law.The foregoing Choice of Law and Choice of Forum provisions do not apply to the
Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable
provisions for such disputes.
Claims of Copyright and Trademark Infringement.
Claims of copyright and trademark infringement should be sent to Salon Done’s
designated agent. Please see Salon Done’s Copyright Policy or Trademark Policy for
the designated address and additional information.
Notice.
Salon Done may give notice by means of a general notice on or through the Services,
electronic mail to the email address associated with your Account, telephone or text
message to any phone number provided in connection with your Account, or by written
communication sent by first class mail or pre-paid post to any address connected with
your Account. Such notice shall be deemed to have been given upon the expiration of
48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the
time of sending (if sent by email, telephone, or on or through the Services).
Notwithstanding the foregoing, notice of any modifications to these Terms shall be
effective upon posting an updated version of these Terms on Salon Done’s website or
through the Services. You may give notice to Salon Done, with such notice deemed
given when received by Salon Done, at any time by first class mail or pre-paid post to
our registered agent for service of process, c/o Salon Done llc. If another provision of
these Terms addresses any specific notice (for example, notice of updates to these
Terms, or notice of a dispute or arbitration demand), those specific notice provisions
shall prevail to the extent there is any conflict or inconsistency between those provisions
and this notice provision.
General.
You may not assign these Terms without Salon Done’s prior written approval. Salon
Done may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an
acquirer of Salon Done’s equity, business or assets; or (iii) a successor by merger. Any
purported assignment by you in violation of this Section shall be void. No joint venture,
partnership, employment, or agency relationship exists between you, Salon Done, any
Third-Party Provider, or any Out-of-App Experience Provider as a result of these Terms
or use of the Services. If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be
enforced to the fullest extent under law. Salon Done’s failure to enforce any right or
provision in these Terms shall not constitute a waiver of such right or provision unlessacknowledged and agreed to by Salon Done in writing. This provision shall not affect
the Severability and Survivability section of the Arbitration Agreement of these Terms.