Terms of Use
Effective September 8, 2011.
Welcome to Salon Innovations Inc. website (the “Site”). By accessing the Site, you agree to the following Terms of Use. The terms “Salon Innovations” or “us” or “we” or “our” refers to Salon Innovations Inc., the owner of the Site, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for any reason whatsoever.Modifications. Salon Innovations reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.
Accounts and Registrations
Registering to access the Site will require you to provide personal information. You agree to provide us with accurate, complete registration information. Please read our Privacy Practices, which describes the personal information we collect, use, manage, disclose and store. Any information provided on the Site is for your personal use only. You may not allow any other person or entity to use your user name or password. Salon Innovations is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user name or password.
Great Clips Exclusive Brands
In order to purchase Great Clips® Exclusive Brands products, you must be actively employed by a Franchisee of Great Clips. If you are not, and it is discovered that you were re-selling Great Clips Exclusive Brand products, your account will be deactivated.
Ownership of Intellectual Property
The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Salon Innovations and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by “Permitted Uses” Section below, is strictly prohibited.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, non-assignable revocable license
(a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site;
(b) to use the Site to gather and print information to be used by you or in your salon, but not to be distributed to consumers in any form.
Postings
Portions of this Site may be developed to permit you and other users to submit, distribute, transmit, upload, post or exchange opinions, ideas, information, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings.You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that:
1. contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site;
2. infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights;
3. is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful;
4. constitutes hate speech.You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Salon Innovations possesses the right to change, use, delete, exploit and distribute the Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Any and all Postings shall become the property of Salon Innovations and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.Salon Innovations reserves the right but does not monitor, endorse, edit or screen any Postings. Postings do not necessarily reflect the views or opinions of Salon Innovations. You acknowledge, understand and agree that Salon Innovations shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.
Links to Other Websites
The Site contains links to other websites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such websites and these websites may have privacy policies different than our Privacy Policy.
Errors, Corrections and Changes
Salon Innovations does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time.
Copyrights and Copyright Agents
Salon Innovations respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide our Copyright Agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; © A description of where the material that you claim is infringing is located on the Site;
(d) Your name, physical address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Disclaimer. THIS SITE IS INTENDED FOR INFORMATIONAL OR SALON SERVICE PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE.YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT SALON INNOVATIONS AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SALON INNOVATIONS AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.THE AGGREGATE LIABILITY OF SALON INNOVATIONS AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SALON INNOVATIONS AND ANY OF OUR AFFILIATED PARTIES.
Applicable Law, Venue and Jurisdiction
This Terms of Use agreement shall be treated as though it were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, your information provided to the Site, and/or these Terms of Use, the Privacy Practices, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.