Terms of service
StylesCloud Terms of Service for Clients and Professionals
(Last updated March 23, 2018)
Stylescloud Corporation (“StylesCloud,” “we” or “us”) provides a platform that connects beauty and wellness professionals, salons and similar merchants (collectively or individually, “Professionals”) providing hair, beauty and other wellness services (“Beauty and Wellness Services”) with clients seeking such Beauty and Wellness Services (“Clients”). The Professionals and Clients are hereinafter referred to collectively as “Users.”
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms constitute a legally binding agreement between you and StylesCloud (each a “Party,” and collectively the “Parties”).
These Terms of Service provide that all disputes between you and StylesCloud will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Please review Section 15 (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with StylesCloud.
As used in these Terms of Service, the words “you” and “your” refer to you, the user of the MyCue Services, as the Party agreeing to these Terms of Service. The words “we,” “us,” “our” and any other variation thereof refer to StylesCloud. Any reference to StylesCloud in these Terms of Service includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. The use of the word “including” in these Terms of Service to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.
1. ACCEPTANCE OF AGREEMENT; USE OF THE MYCUE SERVICES
1.1 By accessing the MyCue Services, you agree to, and are bound by the terms and conditions of these Terms of Service. If you do not agree to be bound by these Terms of Service, do not use the MyCue Services.
1.2 If you are accepting these Terms of Service and using the MyCue Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to StylesCloud that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms of Service.
1.3 You must be at least 18 years old and able to enter into legally binding contracts to access and use the MyCue Services. By accessing or using the MyCue Services, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract
1.4 If you are a Professional, you represent and warrant that you are legally able to provide the Beauty and Wellness Services you offer to Clients on MyCue Services; that your business information is correctly represented on MyCue Services; and that, as applicable, you are properly and fully qualified and experienced, and licensed, certified, bonded and insured, as required by applicable laws or regulations to provide the Beauty and Wellness Services offered through the MyCue Services
2. SCOPE OF THE MYCUE SERVICES
2.1 About the MyCue Services. StylesCloud provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Beauty and Wellness Services. We enable Clients seeking Beauty and Wellness Services to find Professionals, and we enable Professionals to post profiles and electronic business card sharing through the MyCue Services in order to find interested Clients. We also provide a communications platform that allows Clients and Professionals to communicate before, during and after service appointments. In addition, the MyCue Services enable Professionals to track product inventory and product usage, and assist Professionals to order new products when inventory is running low.
2.2 Limitations of StylesCloud’s Services. StylesCloud does not provide or contract for Beauty and Wellness Services, and Professionals and Clients contract independently for the provision of these Beauty and Wellness Services. Each Client is solely responsible for selecting the Beauty and Wellness Professional, the Beauty and Wellness Services to be provided, and the location at which Beauty and Wellness Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Each Professional, in conjunction with a Client as applicable, is solely responsible for determining pricing and accepting and processing payment for any Beauty and Wellness Services provided through the MyCue Services. Any decision by a Client to receive Beauty and Wellness Services or by a Professional to provide Beauty and Wellness Services is a decision made in such person’s sole discretion and at their own risk. StylesCloud does not endorse any User or any Beauty and Wellness Services.
(a) Responsibility for Customer Service. Each Professional, as a separate entity from StylesCloud, is solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Beauty and Wellness Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. StylesCloud will, however, remain responsible for customer service issues relating to your Account.
(b) Responsibility for Loyalty Programs. Each Professional, as a separate entity from StylesCloud, is solely responsible for any loyalty programs it may offer to Clients. If a Professional offers such a loyalty program, the Professional (and not StylesCloud) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.
2.3 Professionals’ Availability. Although MyCue Services are intended to provide a Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using MyCue Services is not a guarantee that the Professional will honor the reservation as scheduled.
Limitations for Professionals. The MyCue Services are intended for individual use. Accordingly, each User may only use the MyCue Services to for himself/herself.
2.4 MyCue Services Communications. The MyCue Services may enable Professionals and Clients to communicate regarding appointments. By using the MyCue Services, you agree that any such communications must be solely for the purpose of communicating regarding provision of services by the Professional to the Client, and may not be sent for any other purpose. Each User is responsible for any mobile charges that you may incur for using the MyCue Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the MyCue Services. If you change or deactivate the mobile phone number that you used to create an Account, you must notify MyCue to update your Account information to prevent us from sending to someone else messages intended for you.
2.5 Pricing. While the MyCue Services are free to Clients, the MyCue Services are offered to Professionals in accordance with the pricing stated in the Apple App Store and/or on the MyCue website as each is updated from time to time. Each Professional subscription is intended for use by a single Professional. Pricing to Processionals is intended to cover normal use of the MyCue Services. Excessive use of the MyCue Services by Professionals may be subject to an additional charge. Specifically, Professionals that use the MyCue Services to schedule more than 80 appointments with Clients in any 30-day period without utilizing MyCue's in-app messaging to conduct such scheduling will be subject to an additional $5 fee. Any such fee will be displayed to you through the MyCue Services and you must pay such fee to retain use of the MyCue scheduling services in the monthly billing period.
2.6 Changes to the MyCue Services. We may change, modify, suspend, or discontinue all or any part of MyCue Services at any time, with or without reason. StylesCloud cannot guarantee availability of MyCue Services to any User. You acknowledge that the operation of MyCue Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and StylesCloud shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of MyCue Services. StylesCloud has no obligation to maintain or update MyCue Services or to continue producing or releasing new versions of MyCue Services.
3.1 Account Registration. You must register an account with the MyCue Services (an “Account”) to access and use certain features of the MyCue Services. In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by MyCue Services’ registration process and as requested from time to time by StylesCloud (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the MyCue Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the MyCue Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
3.2 Account Security.
(a) You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify StylesCloud if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
(b) We are not liable for any harm caused by or related to the theft of your Account credentials, your disclosure of your Account credentials, or your authorization to allow another person to access or use MyCue Services using your Account credentials. You are liable for any and all activities conducted through your Account. You acknowledge that the complete privacy of your data and messages transmitted while using MyCue Services cannot be guaranteed.
3.3 Linking Your Account to Third Party Accounts.
(a) As part of the functionality of the MyCue Services, you may link your Account with online accounts you may have with third party service providers, such as social media platform providers (each such account, a “Third Party Account”). You may enable the MyCue Services to receive certain information from such Third Party Accounts such as your first and last name, birthday without a year of birth, and Third Party Account profile picture. Professionals may also choose to include links to their Third Party Accounts in their MyCue Services profiles. If you link your Account with a Third Party Account, you grant StylesCloud access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating StylesCloud to pay any fees or making StylesCloud subject to any usage limitations imposed by such third party service providers.
(b) By granting StylesCloud access to any Third Party Accounts, you understand that (i) StylesCloud may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the MyCue Services via your Account, and (ii) StylesCloud may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Collective Content (as defined below) for all purposes of these Terms of Service.
(c) Please note that if a Third Party Account or associated service becomes unavailable or StylesCloud’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through MyCue Services. You will have the ability to disable the connection between your Account and your Third Party Account(s) at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. StylesCloud makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and StylesCloud is not responsible for any SNS Content.
(d) At your request made via e-mail to firstname.lastname@example.org, StylesCloud will deactivate the connection between the StylesCloud Services and your Third Party Account and any information stored on StylesCloud’s servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
4. LINKS TO THIRD PARTY WEBSITES
The MyCue Services may contain links to third party websites that are not owned or controlled by StylesCloud. StylesCloud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Links to such websites or resources do not imply any endorsement by StylesCloud of such websites or resources or the content, products, or services available from such websites or resources. By using MyCue Services, you expressly relieve StylesCloud from any and all liability arising from your use of any third-party website.
5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
5.1 Your Consent and Your Right to Withdraw Consent. By clicking to accept these Terms of Service, you are deemed to have executed these Terms of Service electronically. By registering for an Account, you consent to electronically receive and access, via email or the MyCue Services, all records and notices related to the MyCue Services that we would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by sending an email to support@MyCueApp.com with “Revoke Electronic Consent” in the subject line. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the MyCue Services, and you will no longer be permitted to use the MyCue Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
5.2 Keeping Your Email Address Current. To ensure that we are able to provide communications to you electronically, you agree to notify us immediately of any change in your email address by updating your Account or by contacting us via email.
5.3 Hardware and Software For Electronic Communications. To view and retain a copy of these Terms of Service and other communications from us, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access; and (ii) either a printer or storage space on such device. By accepting and agreeing to these Terms of Service electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified above; and (c) your consent will remain in effect until you withdraw your consent as specified above.
5.4 Your Right to Paper Copies. For a paper copy of these Terms of Service or other communications provided by StylesCloud to you, you may send an email to support@MyCueApp.com with contact information and the address for delivery.
6. SHORT MESSAGE SERVICE (SMS) AND PUSH NOTIFICATIONS
By registering an Account, you agree to receive communications from us, including via email, SMS, and push notifications. You agree that StylesCloud may send SMS (including those generated by automatic telephone dialing systems) to you concerning product developments, marketing communications, and other information regarding the MyCue Services, regardless of whether your telephone number is on a state, federal or corporate do-not-call registry. StylesCloud may also send SMS or push notifications to Users regarding upcoming appointments and other reminders.
You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the MyCue Services (such as receiving a notification regarding an upcoming appointment).
7.1 User Content; StylesCloud Content; Collective Content. StylesCloud may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MyCue Services (“User Content”); and (ii) access and view User Content and any content that StylesCloud itself makes available on or through the MyCue Services, including proprietary StylesCloud content and any content licensed or authorized for use by or through StylesCloud from a third party (“StylesCloud Content” and together with User Content, “Collective Content”).
7.2 Intellectual Property Ownership and Rights Notices. The MyCue Services, StylesCloud Content and User Content may in its entirety or in part be protected by copyright, trademark and other such laws in the United States. You acknowledge and agree that the MyCue Services and StylesCloud Content, including all associated intellectual property rights, are the exclusive property of StylesCloud and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MyCue Services, StylesCloud Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of StylesCloud used on or in connection with the MyCue Services and StylesCloud Content are trademarks or registered trademarks of StylesCloud in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the MyCue Services, StylesCloud Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
7.3 Use of Collective Content; User Content License.
(a) You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MyCue Services or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StylesCloud or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
(b) Subject to your compliance with these Terms of Service, StylesCloud grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the MyCue Services on your personal device(s); and (ii) access and view any Collective Content made available on or through the MyCue Services and accessible to you, solely for your personal and non-commercial use.
(c) By creating, uploading, posting, sending, receiving, storing, or otherwise making available User Content on or through the MyCue Services, you grant to StylesCloud a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the MyCue Services, in any media or platform. Unless you provide specific consent, StylesCloud does not claim any ownership rights in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use or exploit your User Content.
7.4. User Content Restrictions.
(a) You are solely responsible for all User Content that you make available on or through the MyCue Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the MyCue Services or you have all rights, licenses, consents and releases that are necessary to grant to StylesCloud the rights in and to such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or StylesCloud’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(b) You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any StylesCloud policy. StylesCloud may, without prior notice, remove or disable access to any User Content that StylesCloud finds to be in violation of these Terms of Service or StylesCloud’s then-current policies, or otherwise may be harmful or objectionable to StylesCloud, its Users, third parties, or property.
(c) StylesCloud reserves the right to remove or hide any User Content from the Services, at its sole discretion.
8. CLAIMS OF COPYRIGHT INFRINGEMENT
StylesCloud respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who StylesCloud, in its determination, believes have repeatedly infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to StylesCloud’ copyright agent via email to email@example.com or by mail to StylesCloud Inc, Attn: Copyright Agent, 20601 3rd St, Saratoga, CA 95070:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- description of where the material that you claim is infringing is located on the site, including a url link;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
9. USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the MyCue Services and the Collective Content. In connection with your use of the MyCue Services and Collective Content, you may not and you agree that you will not:
- send or otherwise post unauthorized commercial communications (such as spam) on MyCue Services;
- collect Users’ content or information, or otherwise access MyCue Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by StylesCloud or any of StylesCloud’s providers or any other third party to protect the MyCue Services.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MyCue Services;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the MyCue Services;
- use the MyCue Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies StylesCloud’s endorsement, partnership or otherwise misleads others as to your affiliation with StylesCloud;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on MyCue Services;
- upload viruses or other malicious code;
- solicit Account credentials or access an Account belonging to someone else;
- bully, intimidate, or harass any User;
- post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
- develop, advertise or otherwise market alcohol-related or other mature content;
- use StylesCloud to do anything unlawful, misleading, malicious, or discriminatory;
- do anything that could disable, overburden, or impair the proper working of StylesCloud or MyCue Services, such as a denial of service attack;
- offer or engage in illegal activities using MyCue Services; or
- facilitate or encourage any violations of these Terms of Service.
10.1 Termination by Users. You may terminate these Terms of Service and/or the EULA by terminating your Account at any time through the MyCue Services or by sending us an email. Upon closure of an Account, any pending appointments made through the MyCue Services will be deleted.
10.2 Termination by StylesCloud. StylesCloud reserves the right, in its sole discretion, to suspend or terminate your access to the MyCue Services and/or your Account if you (a) have violated the terms of these Terms of Service, any other agreement you have with StylesCloud, including without limitation the EULA, or StylesCloud’s policies, (b) have violated applicable laws, regulations or third party rights, (c) pose an unacceptable fraud risk to us, (d) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (e) for any other reason in StylesCloud’s sole discretion.
10.3 Effect of Account Termination. If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using MyCue Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that StylesCloud shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that StylesCloud may retain and use your information and account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of MyCue Services, or in connection with any termination or suspension of MyCue Services.
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE MYCUE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF BEAUTY AND WELLNESS SERVICES. STYLESCLOUD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MYCUE SERVICES. STYLESCLOUD IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON OR THROUGH THE MYCUE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.
(b) IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE MYCUE SERVICES OR BEAUTY AND WELLNESS SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON OR THROUGH THE MYCUE SERVICES. YOU UNDERSTAND THAT IN USING THE MYCUE SERVICES, SENSITIVE INFORMATION MAY TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER STYLESCLOUD’S CONTROL (SUCH AS THIRD-PARTY SERVERS). STYLESCLOUD MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
(c) THE MYCUE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS BASIS”. STYLESCLOUD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, POSSIBILITY OF USE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion may not apply to you.
(d) STYLESCLOUD MAKES NO WARRANTY THAT (I) THE MYCUE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE MYCUE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE MYCUE SERVICES WILL BE CORRECTED, OR (IV) THAT THE MYCUE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE MYCUE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(e) STYLESCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF BEAUTY AND WELLNESS SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE MYCUE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
(f) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYCUE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(g) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STYLESCLOUD OR THROUGH OR FROM THE MYCUE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
12.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL STYLESCLOUD OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STYLESCLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MYCUE SERVICES; (II) BEAUTY AND WELLNESS SERVICES FACILITATED BY THE MYCUE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MYCUE SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MYCUE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE MYCUE SERVICES. IN THE EVENT THE FOREGOING LIMITATION IS NOT ENFORCEABLE, STYLESCLOUD’S TOTAL, CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS THESE TERMS OF SERVICE AND THE MYCUE SERVICES IS LIMITED TO FIFTY DOLLARS ($50). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Certain jurisdictions do not permit the limitation or exclusion of incidental damages, so this limitation may not apply to you. StylesCloud also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your device or other property on account of your access to or use of the MyCue Service.
13.1 In addition to the recognition that StylesCloud is not a party to any contract between Users, you hereby release StylesCloud, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (Actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or inequity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Professional services provided to Client by a Professional and requests for refunds based on disputes.
13.2 TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”
13.3 This release will not apply to a claim that MyCue failed to meet our obligations under these Terms of Service.
You agree to defend, indemnify and hold harmless StylesCloud and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the MyCue Services; (ii) Beauty and Wellness Services facilitated by the MyCue Services or any interaction between you and another User; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, defamation, libel, unfair competition, or privacy right; (v) your negligence, willful misconduct, or fraud; or (vi) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the MyCue Services.
15. DISPUTE RESOLUTION
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY “DISPUTE” (DEFINED BELOW) BETWEEN THE PARTIES.
15.1 Informal Negotiations. To expedite resolution and the cost of any dispute, controversy or claim between you and StylesCloud related to these Terms of Service, your relationship with StylesCloud, the termination of your relationship with StylesCloud or the MyCue Services (“Dispute”), you and StylesCloud agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (in each case, a “Notice”). Your address for such Notices is your billing address, with an email copy to the email address you have provided to StylesCloud. StylesCloud’s address for such notices is: Stylescloud Inc., Attention: Legal, 20601 3rd St, Saratoga, CA 95070.or by email to support@MyCueApp.com. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from StylesCloud must include pertinent account information, a brief description of the Dispute, and StylesCloud’s contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
15.2 Mandatory Binding Arbitration and Class Action/Jury Trial Waiver. IF YOU AND STYLESCLOUD ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND STYLESCLOUD AGREE THAT EITHER YOU OR STYLESCLOUD MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, StylesCloud will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and StylesCloud may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
15.3 Exceptions to Alternative Dispute Resolution. You and StylesCloud agree that the following Disputes are not subject to the above provisions concerning information negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed, or (3) any claim related to actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either you or StylesCloud may assert claims, if they qualify, in small claims court in Santa Clara, California or any United States county where you live or work.
15.4 Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding. You and StylesCloud agree that any arbitration will be limited to the Dispute between StylesCloud and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
15.5 Location of Arbitration. Arbitration will take place in Santa Clara County, California. You and StylesCloud agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Santa Clara, California have exclusive jurisdiction and you and StylesCloud agree to submit to the venue the personal jurisdiction of such courts.
15.6 Right to Opt out of Arbitration and Class Action/Jury Trial Waiver. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by NOTIFYING STYLESCLOUD IN WRITING WITHIN 30 DAYS OF THE DATE YOUR FIRST REGISTERED FOR AN ACCOUNT OR 30 DAYS FROM THE DATE THESE TERMS OF SERVICE WERE LAST UPDATED. To opt out, you must send a written notification to StylesCloud Inc., Attention: Legal, 20601 3rd St, Saratoga, CA 95070 that includes (a) your user identification, (b) your name, (c) your address, (d) your telephone number, (e) your email address and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
15.7 Survival of Agreement to Arbitrate. This arbitration agreement will survive the termination of these Terms of Service and termination of your relationship with StylesCloud.
15.8 Enforceability of Agreement to Arbitrate. If any portion of Section 15 “Dispute Resolution” is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Service and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of Section 15 “Dispute Resolution” or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section. However, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in keeping with Section 17, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We always appreciate your feedback or other suggestions about the MyCue Services, but you understand that any feedback or suggestions that you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback or suggestions to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17. APPLICABLE LAW AND JURISDICTION
Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate in Section 15 must be brought in state or federal court in, or closest to, Santa Clara County, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction there. You and StylesCloud both agree to waive their right to a jury trial.
18. GENERAL PROVISIONS
18.1 Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service constitutes the entire agreement between the StylesCloud and you pertaining to the subject matter hereof and supersedes all prior agreements and understanding between the Parties..
18.2 Customer Relationship. No joint venture, partnership, employment, or agency relationship exists between you and StylesCloud as a result of these Terms of Service or your use of the MyCue Services.
18.3 Survival. All provisions of these Terms of Service that by their nature extend beyond the expiration or termination of these Terms of Service , including, without limitation, Sections 10-15, 17, and 18 and definitions herein as applicable to interpretation of the foregoing shall survive the termination of these Terms of Service .
18.4 Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 Waiver. StylesCloud’s failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Service, the exercise by either Party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise permitted under law.
18.6 Assignment. You may not assign, transfer or delegate these Terms of Service and your rights and obligations hereunder without StylesCloud’s prior written consent. StylesCloud may without restriction assign, transfer or delegate these Terms of Service and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms of Service at any time remains unaffected.
18.7 Headings. The headings contained in these Terms of Service are intended for convenience or reference and shall not affect the meaning or interpretation of these Terms of Service.
18.8 Consumer Complaints. In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
19. MODIFICATION TO TERMS OF SERVICE
StylesCloud may modify these Terms of Service at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Service. Your continued use of the MyCue Services after a modification signifies your agreement to the modification. If you have any questions about these Terms of Service, please contact us at: