VaultBeauty Terms of Use
These Terms of Use constitute your and our agreement ( “Agreement”) with regard to your access to and use of the VaultBeauty website (http//www.VaultBeauty.com) (the “Website”), our mobile sites and applications (collectively, the “VaultBeauty Sites”), and the content, features, and services (the “Services”) made available by VaultBeauty, LLC, an Oklahoma limited liability company (herein sometimes referred to as “VaultBeauty”, “we”, “us”, “our” or “ours”).
In this Agreement, the terms “User”, “you”, “your” and “yours” mean anyone considering using or using the Services available by use of any of the VaultBeauty Sites. This Agreement incorporates VaultBeauty’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “VaultBeauty Policies”).
Acceptance of Terms of Use
By accessing or using VaultBeauty Sites or the Services or by clicking “accept” or “agree” to this Agreement, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions, all VaultBeauty Policies, and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice.
These Terms of Service apply to all Users of the Services, including, without limitation, Users who are contributors of content, information, and other materials or services, registered or otherwise. In addition, certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA AND MEXICO.
Eligibility
By accessing or using VaultBeauty Sites or the Services or by clicking “accept” or “agree” to this Agreement, you represent and warrant that you are of legal age and not prohibited by law from accessing or using the VaultBeauty Site or the Services, including, if applicable, but not limited to, purchasing, giving, using, or redeeming any VaultBeauty Gift Card or Beauty Provider Gift Card (as such terms are defined herein). If you are not of legal age you may not, under any circumstances or for any reason, use the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
VaultBeauty may update or revise this Agreement (including any VaultBeauty Policies) from time to time. You are free to decide whether or not to accept such updated or revised version of this Agreement, but accepting this Agreement, as modified, will be required for you to continue using the Services thereafter. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by VaultBeauty, any use of the Services is subject to the version of this Agreement in effect at the time of use.
Description of Services
The Services include a listing of top salons and beauty professionals in a growing number of North American cities and metropolitan areas, with contact information, location, menu of beauty and cosmetology services offered and customer reviews.
VaultBeauty Rewards Program
Depending on where you reside, you may be able to participate in VaultBeauty’s rewards program (“VaultBeauty Rewards”). Where applicable, participation is subject to the VaultBeauty Rewards Terms and Conditions.
Registration
To sign up for the VaultBeauty Rewards Program, you must register for an account with the Services (an “Account”) using a valid email address.
You must provide accurate and complete information and keep your Account information updated. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. Never publish, distribute or post login information for your Account.
Payment, Gift Card and Other Services
Depending on your place of residence, we may offer additional Services such as payment services made available through the VaultBeauty Sites (the “Payment Services”), electronic and physical gift cards and gift certificates issued by VaultBeauty (each, a “VaultBeauty Gift Card”), electronic gift cards and gift certificates issued by participating Beauty Providers (each, a “Beauty Provider Gift Card”) and other services. The additional terms applicable to such Services are available here, and form a part of this Agreement: click here (link coming soon).
Privacy Policy.
VaultBeauty is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.
Communications from VaultBeauty.
If you use our Sites and Services, VaultBeauty may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.
Technical Requirements.
Use of the Services requires Internet access through your iPhone, iPad or other iOS compatible mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including charges for any notifications provided by the Services. In order to use the text message-based services, you must maintain an active account with a carrier of electronic communications through iOS compatible mobile devices and you may not use a prepaid cellular phone to access such text message services. VaultBeauty does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the VaultBeauty Site, and some features and portions of the VaultBeauty Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.
Modifications to Services.
VaultBeauty reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the VaultBeauty Sites and/or names of or links to particular Beauty Providers. VaultBeauty shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment and acceptance of such changes.
Content
As used herein, the term “Content” means information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, interactive features, and the like, generated, provided, or otherwise made accessible on, or via, the Services.
“Content” also includes all “User Content”, which means all Content added, created, uploaded, submitted, distributed, or posted to the Services by Users, whether publicly posted or privately transmitted, including but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; sent emails and other communications; and submitted suggestions, ideas, comments, questions, or other information which you may submit or post.
User Content that is illegal, threatening, obscene, racist, defamatory, libelous, pornographic, that infringes the intellectual property rights of any third party, promotes any illegal activity or harm to any group or person, which is invasive of a third party’s publicity or privacy rights, or is knowingly false or otherwise injurious to any third party, or otherwise objectionable is strictly prohibited and no User Content shall consist of, or contain spyware, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam” or references to, or accusations of, illegal activity, malpractice, purposeful overcharging, false advertising or health code violations.
Your User Content must be unbiased and objective, and you may not submit reviews, comments or ratings for which you are being compensated in any manner, or for your own beauty services or those of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to VaultBeauty may be displayed publicly with such User Content.
VaultBeauty reserves the right (but has no obligation) to monitor, remove, or edit User Content in our sole discretion, especially if User Content violates this Agreement (including any VaultBeauty Policies), but you acknowledge that VaultBeauty may not regularly review submitted User Content.
All User Content is the sole responsibility of the person originating, posting or transmitting such User Content. VaultBeauty takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content. You represent that all User Content that you provide will be accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and that none of it shall be libelous, slanderous, or defamatory. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any resulting damage or loss to you or any other party. VaultBeauty does not guarantee the accuracy of any Content that you access on or through the Services.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, display, prepare derivative works of, and otherwise fully exploit such User Content in connection with the Site, the Services and our business, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), which license shall continue even after your termination of your Account or the Services.
You also hereby grant each User of the Site and/or the Services a non-exclusive, perpetual license to access your User Content that is publicly available through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, display prepare derivative works of such User Content, which license shall also continue even after your termination of your Account or the Services.
You represent and warrant that you have all rights to grant such licenses to us and other Users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Nothing herein limits or impairs your other ownership rights in your User Content, including the right to grant additional licenses to your User Content.
VaultBeauty does not guarantee that any Content will be made available on the Site or through the Services. The Services may contain Content specifically provided by us or Users. We reserve the right, but assume no obligation, to remove, edit, modify, or block, any Content in our sole discretion, at any time, without notice to you and for any reason.
Subject to these Terms of Service, we grant each User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to download and display local Content available to such User solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Intellectual Property Rights. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, “VaultBeauty Content”) are provided to User by VaultBeauty, its members, or licensors solely to support your permitted use of the Services. The VaultBeauty Content may be modified from time to time by VaultBeauty in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and your use of the Services or the VaultBeauty Content for any other purpose shall constitute a material breach of this Agreement. VaultBeauty, it members, and licensors retain all rights in the Services and VaultBeauty Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of VaultBeauty or any third party is granted under this Agreement.
Application License. Subject to the terms and conditions of this Agreement, VaultBeauty grants each User a non-exclusive, non-transferable, revocable license to use the VaultBeauty mobile applications, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
Use Restrictions. The Services and VaultBeauty Content are offered solely for your personal use for the purposes described in this Agreement. Any and all other uses are prohibited. VaultBeauty expressly reserves all its rights and remedies under applicable laws. We reserve the right, in our sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or VaultBeauty Content, except as expressly authorized by VaultBeauty; (2) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or VaultBeauty’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or VaultBeauty Content to a third party; (5) use any portion of the Services or VaultBeauty Content to provide, or incorporate any portion of the Services or VaultBeauty Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (7) modify any Services or VaultBeauty Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or VaultBeauty Content; or (9) publicly disseminate information regarding the performance of the Services or VaultBeauty Content or access or use the Services or VaultBeauty Content for competitive analysis or benchmarking purposes. Although the VaultBeauty Sites may be widely accessible, not all features or services discussed, referenced, provided or offered through or on the VaultBeauty Sites are available to all persons or in all geographic locations. VaultBeauty reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
Termination. We may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, we may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any VaultBeauty Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any accumulated rewards points as described in the VaultBeauty Rewards Terms and Conditions (link coming soon). You agree that VaultBeauty will not be liable to you for any termination of this Agreement or for the consequences of termination. You may discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account and VaultBeauty will have no liability for any such deletion.
Your Representations and Indemnity.
You represent and warrant that you own or otherwise control all of the rights to any User Content that you submit or post; that all such User Content is and will be accurate; and that use of such User Content by VaultBeauty and other Users, members, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
You will indemnify, hold harmless, and (at VaultBeauty’s request) defend VaultBeauty, its affiliates, and its and their representatives, agents, managers, officers, employees, and members (collectively, the “VaultBeauty Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
Liability Limitations. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR (I) ANY USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, DATA LOSS, COST OF GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING AND WHETHER OR NOT FORESEEABLE OR ADVISED IN ADVANCE THEREOF), (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) ANY ERRORS, MISTAKES, OR INACCURACIES; (IV) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES OR THE SERVICES OFFERED BY ANY OF THE BEAUTY PROVIDERS; (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VIII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (IX) ANY USE OF THE PAYMENT SERVICES, NOR (X) ANY ACTUAL DAMAGES IN EXCESS OF OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL VAULT BEAUTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE GIFT CARD TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR AY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
Disclaimer of Warranties.
USE OF THE SERVICES IS AT YOUR OWN RISK AND VAULT BEAUTY CANNOT, AND DOES NOT, GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL VAULT BEAUTY CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. VAULT BEAUTY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND INDEMNITIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. VAULT BEAUTY DOES NOT WARRANT THAT THEY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. VAULT BEAUTY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF VAULT BEAUTY.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AND VAULT BEAUTY UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATIONS AND DISCLAIMERS ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND THAT THEY REPRESENT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND US. IN PARTICULAR, YOU UNDERSTAND THAT VAULT BEAUTY WOULD BE UNABLE TO MAKE THE SERVICES AVAILABLE TO YOU EXCEPT ON THESE TERMS, AND YOU AGREE THAT SUCH LIMITATIONS AND DISCLAIMERS, AND THIS ALLOCATION OF RISK, SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Third-Party Websites, Applications, and Services.
The Services may contain hypertext links to websites and applications operated by parties other than VaultBeauty. VaultBeauty does not control such websites and is not responsible for their content, and such links are provided for User’s reference only. VaultBeauty’s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. VaultBeauty assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, then, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited, respectively, will be third-party beneficiaries to this Agreement. However, none of these third party beneficiaries is privy to this contract and none is responsible for the provision or support of the Services in any manner. Your access to the Services using their devices is subject to terms set forth in their applicable terms of service, including any provision therein relating to usage and license transferability.
Release.
Participating or VaultBeauty-listed salons and Beauty Providers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an VaultBeauty Gift Card or a Beauty Provider Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Beauty Provider or from any Beauty Provider promotion, offer, product or service. Users must resolve all disputes directly with the Beauty Provider concerned. To the maximum extent permitted by applicable law, you hereby release all VaultBeauty Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that law and any law of any other applicable jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the VaultBeauty Parties, or any of them, pertaining to the subject matter of this paragraph.
Notification of Suspected Infringement.
If you believe any of the Services violate your copyright or other intellectual property, notify us in writing at VaultBeauty, LLC, 525 S. Main, Suite 800, Tulsa, Oklahoma 74103-4511.
In order for us to take action, your notice must:
(a) identify the copyrighted work that you believe is being infringed and the item that you think is infringing your work with sufficient information about where the allegedly infringing material is located so that we can find it,
(b) provide us with a way to contact you, such as your address, telephone number, or email,
(c) include a statement that you believe, in good faith, that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services and a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed and
(d) be submitted over your signature.
Severability. If any of the provisions, or portions thereof, of this Agreement is found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, the remainder of this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by VaultBeauty.
Waiver. Any waiver of any provision of this Agreement, or a delay by you or us in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
ARBITRATION
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN BEFORE A COURT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AN ARBITRATOR’S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
Arbitration shall be subject to the Federal Arbitration Act and not any state, provincial/territorial arbitration law and conducted before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. Unless otherwise required by law, any arbitration will occur in Tulsa, Oklahoma. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator shall honor claims of privilege and privacy recognized at law, and the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and each side shall pay its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court, and any claims of defamation, violation of the Computer Fraud and Abuse Act, or infringement or misappropriation of a party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Tulsa County, Oklahoma. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Tulsa County, Oklahoma in order to maintain the status quo pending of arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Tulsa County, Oklahoma for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
WAIVER OF CLASS ACTION CLAIMS
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, NOR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, OR AWARD CLASS-WIDE RELIEF. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.
Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Oklahoma, U.S.A, consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction.
Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we may timely provide notice of modifications by posting a notice on the Website or by sending you notice via e-mail or by another appropriate means of electronic communication, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
Force Majeure
VaultBeauty shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
REVISION DATE: August 15, 2019