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SalonServices.net is comprised of the internet
sites
www.health-guide-online.com ,
www.indoortanningbeds.net ,
www.tanningonline.com ,
www.used-tanning-beds.com ,
www.customtanningbeds.com ,
www.tropical-rayz-tanning-beds.com ,
www.how-to-open-a-tanning-salon.com (the "SalonServices.net
Sites"), provides the information and services on
SalonServices.net Sites to you, the user, conditioned upon your
acceptance, without modification, of the terms and conditions of
use ("Terms") contained herein. Your use of SalonServices.net
Sites constitutes agreement with such Terms.
Before
using SalonServices.net Sites, please carefully read this
agreement relating to your use of SalonServices.net Sites. By
using SalonServices.net Sites, you agree to be bound by these
terms and conditions. If you do not agree to these terms and
conditions, please do not use SalonServices.net Sites.
SalonServices.net reserves the right, at SalonServices.net's sole
discretion, to change, modify, add or remove portions of these
Terms periodically. Such modifications shall be effective
immediately upon posting of the modified agreement to the website
unless provided otherwise (e.g., when implementing major,
substantive changes, SalonServices.net intends to provide users
with up to fourteen days of advance notice). Your continued use of
the SalonServices.net Sites following the posting of changes to
these Terms will mean that you accept those changes.
Use of SalonServices.net Sites constitutes full
acceptance of and agreement to the Terms; if a user does not
accept SalonServices.net's Terms, he or she is not granted rights
to use SalonServices.net Sites as defined herein, and should
refrain from accessing SalonServices.net Sites.
SalonServices.net reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, any or
all SalonServices.net Sites (or any part thereof).
SalonServices.net shall not be liable to any user or other third
party for any such modification, suspension or discontinuance
except as expressly provided herein.
By using SalonServices.net Sites, you
warrant to SalonServices.net that you will not use
SalonServices.net Sites, or any of the content obtained from
SalonServices.net Sites, for any purpose that is unlawful or
prohibited by these Terms. If you violate any of these Terms, your
permission to use the SalonServices.net Sites automatically
terminates.
The SalonServices.net Sites are owned and operated
by SalonServices.net for the purpose of software development,
discussion, implementation and innovation (the "Purpose"). The
SalonServices.net Sites provide products and services for the
health & fitness industry, specifically the commercial indoor
sunlamp tanning industry.
All information, data, text, software, music,
sound, photographs, graphics, video, messages, or any other
materials whatsoever (collectively, "Content"), whether publicly
posted or privately transmitted, is the sole responsibility of the
person from whom such Content originated. This means that the
user, and not SalonServices.net, is entirely responsible for all
Content that he or she uploads, posts, emails or otherwise
transmits via the SalonServices.net Sites. No user shall transmit
Content or otherwise conduct or participate in any activities on
SalonServices.net Sites that, in the judgment of
SalonServices.net, is likely to be prohibited by law in any
applicable jurisdiction, including laws governing the encryption
of software, the export of technology, the transmission of
obscenity, or the permissible uses of intellectual property.
SalonServices.net reserves the right to refuse or delete any
Content of which it becomes aware and reasonably deems not to
fulfill the Purpose. In addition, SalonServices.net shall have the
right (but not the obligation) in its sole discretion to refuse or
delete any Content that it reasonably considers to violate the
Terms or be otherwise illegal. SalonServices.net, in its sole and
absolute discretion, may preserve Content and may also disclose
Content if required to do so by law or judicial or governmental
mandate or as reasonably determined useful by SalonServices.net to
protect the rights, property, or personal safety of
SalonServices.net Sites' users and the public. SalonServices.net
does not control the Content posted to the SalonServices.net Sites
and, as such, does not guarantee the accuracy, integrity or
quality of such Content. Under no circumstances will
SalonServices.net be liable in any way for any Content, including,
but not limited to, liability for any errors or omissions in any
Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted
via SalonServices.net Sites.
Each user,
by using SalonServices.net Sites, may be exposed to Content that
is offensive, indecent or objectionable. Each user must evaluate,
and bear all risks associated with the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content.
Use, reproduction, modification, and other
intellectual property rights to data stored on the
SalonServices.net Sites will be subject to licensing arrangements
that may be approved by SalonServices.net as applicable to such
Content.
Content
located on any SalonServices.net-hosted subdomain which is subject
to the sole editorial control of the owner or licensee of such
subdomain, shall be subject to the appropriate license applicable
to such Content, or to such other licensing arrangements as may be
approved by SalonServices.net as applicable to such Content.
You agree not to sell, resell, or offer for any
commercial purposes, any portion of the SalonServices.net Sites,
use of the SalonServices.net Sites, or access to the
SalonServices.net Sites.
SalonServices.net may establish general practices
and limits concerning use of the SalonServices.net Sites. While
SalonServices.net will use reasonable efforts to back up site data
and make such data available in the event of loss or deletion,
SalonServices.net has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained or transmitted by any
SalonServices.net Site. SalonServices.net reserves the right to
mark as "inactive" and archive accounts and/or Content that are
inactive for an extended period of time. SalonServices.net
reserves the right to change these general practices at any time,
in its sole discretion, with notice to users and the public as
described in Section 1 above.
SalonServices.net, any SalonServices.net Site or a
third party may provide links to other websites. SalonServices.net
exercises no control whatsoever over such other websites and
web-based resources and is not responsible or liable for the
availability thereof or the Content, advertising, products or
other materials thereon. SalonServices.net shall not be
responsible or liable, directly or indirectly, for any damage or
loss incurred or suffered by any user in connection therewith.
Your access and use of linked websites, including information,
material, products and services therein, is solely at your own
risk.
The
SalonServices.net Sites' Privacy Statement is applicable only when
you are on an SalonServices.net Site. Once you choose to link to
another website, you should read that website's privacy statement
before disclosing any personal information.
Each user shall indemnify, defend and hold
harmless SalonServices.net, and its parent corporation and
affiliates and their respective officers, employees and agents,
and each of SalonServices.net's website partners, from any and all
claims, demands, damages, costs, and liabilities including
reasonable attorneys' fees, made by any third party due to or
arising out of that user's acts or omissions, including claims
arising out of that user's use of the SalonServices.net Sites; his
or her submission, posting or transmission of Content or his or
her violation of the Terms.
EACH
USER'S USE OF THE SalonServices.net SITES IS AT HIS OR HER SOLE
RISK. THE SalonServices.net SITES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND SalonServices.net ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION
SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. SalonServices.net EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SPECIFICALLY, SalonServices.net MAKES NO
WARRANTY THAT (i) THE SalonServices.net SITES OR ANY SERVICE
THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF
ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY
DAMAGES ARISING OUT OF SalonServices.net'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, SalonServices.net SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SalonServices.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY
SalonServices.net SITES OR SERVICES THEREON; THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SalonServices.net SITES; OR ANY OTHER
MATTER RELATING TO THE SalonServices.net SITES. IN NO EVENT SHALL
SalonServices.net'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR
OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED
$1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY
KIND BETWEEN SalonServices.net AND ANY USER OR OTHER PERSON OR
ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD
PARTY. AS NOTED ABOVE, SalonServices.net DOES NOT AND CANNOT
CONTROL THE ACTIONS OF SalonServices.net SITE USERS, VISITORS OR
LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY
MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE
AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR
SECURE ACCESS TO SalonServices.net SITES. OPERATION OF
SalonServices.net SITES MAY BE SUBJECT TO INTERFERENCE FROM
NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND
PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY
MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO
THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF
LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY
CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY
ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS
BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY
SalonServices.net.
SalonServices.net respects the intellectual
property rights of others, and requires that the people who use
the SalonServices.net Sites do the same. It is our policy to
respond promptly to claims of intellectual property misuse.
If you
believe that your work has been copied and is accessible on this
site in a way that constitutes copyright infringement, you may
notify us by providing our copyright agent with the following
information in writing:
(1) the
electronic or physical signature of the owner of the copyright or
the person authorized to act on the owner's behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be infringing
and information reasonably sufficient to permit SalonServices.net
to locate the material, including the full URL.
(4) your
name, address, telephone number, and email address.
(5) a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
(6) a
statement, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or are authorized to act on the copyright owner's
behalf.
If
SalonServices.net receives such a claim, SalonServices.net
reserves the right to refuse or delete Content as described under
Section 5 hereto, or to terminate a user's account in accordance
with Section 9.
Our
designated agent to receive notification of claimed infringement
under the Digital Millennium Copyright Act OF 1998 ("DMCA") is
Rick Houston, 400 Shearer Blvd, Cocoa, FL 32922
After
receiving a claim of infringement, SalonServices.net will process
and investigate notices of alleged infringement and will take
appropriate actions under the DMCA and other applicable
intellectual property laws. Upon receipt of notices complying or
substantially complying with the DMCA, SalonServices.net will act
expeditiously to remove or disable access to any material claimed
to be infringing or claimed to be the subject of infringing
activity, and will act expeditiously to remove or disable access
to any reference or link to material or activity that is claimed
to be infringing. SalonServices.net will take reasonable steps to
expeditiously notify the subscriber that it has removed or
disabled access to such material.
Upon
receipt of a proper counter notification under the DMCA,
SalonServices.net will promptly provide the person who provided
the initial notification of claimed infringement with a copy of
the counter notification and inform that person that it will
replace the removed material or cease disabling access to it in
ten (10) to fourteen (14) business days. Additionally,
SalonServices.net will replace the removed material and cease
disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless
SalonServices.net's designated agent first receives notice from
the person who submitted the initial notification that such person
has filed an action seeking a court order to restrain the
subscriber from engaging in infringing activity relating to the
material on the SalonServices.net system or network.
You may
provide us with a counter notification by providing our copyright
agent the following information in writing:
(1) your
physical or electronic signature;
(2)
identification of the material that has been removed or to which
access has been disabled, and the location at which the material
appeared before it was removed or access to it was disabled,
including the full URL;
(3) a
statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled;
(4) your
name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the
judicial district in which your address is located, or if your
address is outside of the United States, for any judicial district
in which SalonServices.net may be found and that you will accept
service of process from the person who provided the initial
notification of infringement.
The Terms constitute the entire agreement between
each user and SalonServices.net and govern each user's use of
SalonServices.net Sites, superseding any prior agreements. Each
user may be subject to additional terms and conditions that may
apply when that user uses affiliate services, third party content
or third party software. The Terms and the relationship between
each user and SalonServices.net shall be governed by the laws of
the State of California without regard to its conflict of law
provisions and each party shall submit to the personal and
exclusive jurisdiction of the courts located within the county of
Santa Clara, California . If any provision of the Terms is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms (except
for claims of intellectual property infringement) to the
SalonServices.net Site Director at
info@SalonServices.net.
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