This agreement ("agreement") is between
AllBraiding.Com ("AllBraiding.Com"), and your business ("business").
AllBraiding.Com and our affiliates provide our products and services to
you subject to the following terms and conditions. Please read the
conditions carefully. If you visit or use any of the features that are
provided through AllBraiding.Com or any of our affiliated businesses,
you accept these terms and conditions.
1. Limitations on Use of Our Website.
This website is for your personal
use in accordance with the terms and conditions of this agreement, and
as a condition of your use you warrant and represent to AllBraiding.Com
that you will not use this website for any illegal purpose or for any
purpose that is prohibited by the terms and conditions of this
agreement. Specifically, you may not modify, copy, distribute, transmit,
publish, display, license, create derivative works from or sell any
product, services, information or software obtained from this website.
2. Your Warranties.
You warrant that you are at least 18 years of age and have the legal
authority to be bound by this agreement and to use this website in
accordance with the terms and conditions of this agreement. You agree to
be financially responsible for all of your use of this website as well
as for the use of your name and credit card account to pay products and
services at this website by members of your household, including minors
living with you. You also warrant that all information supplied by you
or members of your household in using this website is true and accurate.
3. Terms of Service.
You agree that by using this website, you agree that we are not
responsible for any of the salons, stylists, barbers, and/or products
that are displayed. Also that we are not responsible for any harm done
by using any of the advice, salons, products, or links that are provided
by AllBraiding.Com. You agree to abide by the terms and conditions
imposed with respect to accepting full responsibility of your actions
arising out of the use of this website.
You agree to pay AllBraiding.Com
A) A Yearly/Monthly membership fee upon AllBraiding.Com' s acceptance of
your information to include for your listing. Payments shall be paid via
electronic funds transfer or credit card or check where applicable.
B) This agreement shall be for a period of one (1) year or one (1) month
(depending on the package selected) from the date of acceptance, and
shall automatically renew thereafter unless terminated as provided for
in this agreement. AllBraiding.Com reserves its right to enact a fee
increase at the annual renewal or on the 1st day of January of any new
year. You shall have the right to terminate this agreement subsequent to
any fee increase.
The following shall be deemed to be events of default under this
agreement: (i) any failure to perform any of the obligations of said
business under this agreement, including the failure to pay in full any
sum due within thirty-five (30) days of the date due; (ii) Any
fraudulent activity that may occur while you use the website that is but
not limited to false information, offense language or photos, or any
activity that may harm someone. Upon the termination of this agreement,
you shall no longer have the right to use the site and domain name, and
AllBraiding.Com has the right to can terminate your agreement and ban
you from future listing with us. You shall not be reimbursed any portion
of fees that may remain. If AllBraiding.Com terminates this agreement,
you hereby release AllBraiding.Com from any loss to you caused by the
termination and/or failure to enter into a new agreement, including but
not limited to monies spent by you on advertising, marketing, and/or
promotion of your listing. You understand that this agreement can be
terminated at anytime without prior notice.
This agreement creates no joint venture or partnership between
AllBraiding.Com and you. AllBraiding.Com shall have no control over nor
any knowledge of the conduct of your business, and you agree to
indemnify, defend and hold AllBraiding.Com harmless from any actions
arising from or relating to your use of the listing and/or your
operations, and from all cost, expenses, claims or actions arising out
of unauthorized use of your listing or Shared Use Program by or
attributable to you and your business. You agree to maintain any and all
licenses it requires to reasonably operate your business. No partner,
manager, member, officer, director or agent of AllBraiding.Com shall be
liable hereunder for the failure by AllBraiding.Com to perform any of
its obligations hereunder. In no event shall AllBraiding.Com be liable
for consequential loss of profits or punitive damages.
4. Links to 3rd Party Websites.
Our website contains links to websites operated by third parties that we
are not responsible for their content. Those links are provided to you
for your reference and convenience only. AllBraiding.Com does not own or
control the content of those websites and is not responsible for their
content or your use of them. AllBraiding.Com does not endorse the
content of any of those websites. Inclusion of links to those websites
on our websites does not imply that any endorsement of the content of
those websites or any control over those websites or their operators by
AllBraiding.Com.
5. Electronic Communications.
You communicate with AllBraiding.Com electronically whenever you visit
our website or send emails to us. You consent to receive emails or any
other communication from us electronically and by fax. We will
communicate with you by posting notices on this site, by email by fax,
or by posting announcements in the member area. You agree that all
notices, disclosures, agreements and other communications that we
provide to you electronically or by fax satisfy any legal requirements
that communications be in writing.
6. Liability Disclaimer.
The information on hair, skin and other products and services published
on AllBraiding.Com may include inaccuracies or typographical errors.
Changes are periodically added to the information set forth on this
website. AllBraiding.Com is not responsible for any technical problems
that may cause our website to be down like brownouts, blackouts, power
downs, loss of data, maintenance, or any other electrical problems that
we have no control over.
AllBraiding.Com, its affiliates, and/or suppliers make no
representations about the suitability of the information, products and
services contained on this website for any purpose. All such
information, products and services are provided "AS IS" without warranty
of any kind. We disclaim all warranties and conditions with regard to
this information, products and/or services, including all implied
warranties and conditions of merchantability and non infringement. You
understand that if we are to update information, it can take up to two
weeks but usually between 24 - 48 hours and charges may occur to do
updates.
7. Applicable Law.
By visiting our AllBraiding.Com, you agree that the internal laws of the
State of New York, without regard to the principles of conflicts of
laws, will govern this agreement and any dispute of any kind that arises
between you and AllBraiding.Com or its affiliates. You hereby agree that
any dispute arising from or relating to the use of this website will be
subject to binding arbitration under the commercial rules of the
American Arbitration Association. The arbitration shall be conducted in
NYC, NY, USA before neutral arbitrators. Use of this website is
unauthorized in any jurisdiction that does not give effect to all
provisions of this agreement, including, but not limited, to this
paragraph. You agree to not file any lawsuits against AllBraiding.Com
for any reason.
8. Modifications to This Agreement.
AllBraiding.Com reserves the right to modify or change the terms and
conditions of this agreement at any time without prior notice to you.
Your use of this website after any modification of this agreement
constitutes an acceptance of any such modification.
9. Performance Subject to Existing Laws.
AllBraiding.Com' s performance of this agreement is subject to existing
laws. Nothing contained in this agreement is in derogation of
AllBraiding.Com right to comply with law enforcement requests or
requirements relating to your use of this website or information
provided to or gathered by AllBraiding.Com with respect to your use of
this website.
If any provision of this agreement is determined to be invalid or
unenforceable pursuant to applicable law by any court of competent
jurisdiction, the other provisions of this agreement will remain in full
force and effect. Any provision of this agreement held to be invalid or
unenforceable, including but not limited to the warranty disclaimers and
liability limitations set forth above, will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision.
If any information is not valid, it is your responsibility to inform us
so that we may change it. You have stated that you are a valid licensed
cosmetologist in said state. We reserve the right to decline any
applicant, terminate any current clients, shot down any free website,
re-assign your free domain name if you fail to maintain your membership,
or place a client on probation if we feel that you have breached the
terms.
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