Terms of Use

BY USING THIS SITE AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH BEAUTY IN A BEAT REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS SITE.

  1. User’s Acknowledgment and Acceptance of Terms.

1.1            Agreement. Beauty in a Beat, LLC (referred to as “Beauty in a Beat” or “Us” or “We” or "Company") provides the Site (as defined below) subject to User’s (as defined below) compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written or electronic agreement between Beauty in a Beat and User. In addition, when using the Site, Users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

1.2            Effective Date; Right to Modify; Binding Effect of Continued Use. These Terms of Use are effective as of the date that these Terms of Use appear on the Site. Beauty in a Beat reserves the right to change these Terms of Use from time to time without notice to Users. User acknowledges and agrees that it is User’s responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. User’s continued use of this Site after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1.3            Use of the Term “Affiliate(s)”. As used in these Terms of Use, references to Beauty in a Beat’s “Affiliate(s)” include Beauty in a Beat’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers (including ad services providers), and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site or Styling Services.

  1. Definitions. The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.

 

“Beauty in a Beat Trademark(s)” means names, titles, trademarks, service marks and logos of Beauty in a Beat.

 

“Customer(s)” means any individual (or business entity) entering into a Customer Agreement with Use related to the receipt of Styling Services.

 

"Site" means (i) the beautyinabeat.com website, (ii) related websites and/or mobile device applications provided or owned by Beauty in a Beat, (iii) the Site Content, and (iv) the Stylist Services and the related websites, technology, applications and platforms related to the Stylist Services.

 

“Site Content,” means any content, material, information, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on or through beautyinabeat.com and related websites, including, without limitation, any message boards, chat, and other original content.

 

"Stylist(s)" means any individuals (or business entities) registered as Stylists with Beauty in a Beat and who are offering Styling Services through the Site and performing such services.

 

“Styling Service(s)” means any permitted styling or beauty care services provided by a Stylist (and any related technology, website, application or platform related thereto). Such services may include, without limitation, salon-type services, make-up and hair styling services, and barbershop-type services, hair styling and shaving services.

 

“Stylist Account” means the user profile that Stylist creates through successful completion of the appropriate registration form, located on the Site or such other page made available by Beauty in a Beat from time to time, in connection with being a Stylist.

 

“User” or “You” or “Your” (and similar terms) means any person or entity that visits and views any portion of the Site, including, without limitation, Customers and Stylists.

 

  1. Description of Services.

Beauty in a Beat makes various Site Content available on this Site to Users, primarily for the purpose of enabling Customers to schedule Styling Services.  Beauty in a Beat reserves the sole right to either modify or discontinue the Site or the Styling Services, including any features therein, at any time with or without notice to User. Beauty in a Beat shall not be liable to User or any third party should Beauty in a Beat exercise such right. User understands and agrees that temporary interruptions of this Site may occur as normal events. User further understands and agrees that Beauty in a Beat has no control over third party networks that User may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond Beauty in a Beat’s control.  User understands and agrees that this Site is provided “AS IS” and that Beauty in a Beat assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Site Content, communications or personalization settings. User understands that the Site may include the display of advertisements. It is User’s responsibility for obtaining access to the Site, and that such access may involve third party fees, such as, without limitation, Internet service provider or airtime charges. User is responsible for those fees. In addition, User must provide and is responsible for all equipment necessary to access the Site. User understands that technical processing and transmission of the Site may involve (i) transmissions over various Internet networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

  1. Electronic Contracting and Notices.

User’s affirmative act of viewing or using any portion of the Site (including, without limitation, submitting any forms to Beauty in a Beat via the Site) constitutes User’s electronic signature to these Terms of Use and User’s consent to enter into agreements with Beauty in a Beat electronically.  User also agrees that Beauty in a Beat may, but has not obligation to, send to User in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Site (collectively, “Notices”).  Beauty in a Beat can send User electronic Notices (i) to the e-mail address that User provided to Beauty in a Beat (if any); or (ii) by posting the Notice through the Site or the Service.  The delivery of any Notice from Beauty in a Beat is effective when sent or posted by Beauty in a Beat, regardless of whether User reads the Notice when User receives it or whether User actually receives the delivery or views the revised Notice.  User can withdraw User’s consent to receive Notices electronically by discontinuing User’s use of the Site and the Service. User can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Use” link on the Site.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

  1. User Requirements and Acknowledgments.

5.1            Accuracy. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by Beauty in a Beat’s forms and in any other related document or agreement; and (ii) maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Beauty in a Beat reserves the right to terminate User’s use of the Site and withdraw any offer or agreement.

5.2            Restrictions. While using the Site, User agrees that User will not: (i) violate any laws, third party rights or Beauty in a Beat’s policies; (ii) use the Site or submit any of Beauty in a Beat’s forms if User is not able to form legally binding contracts or is temporarily or indefinitely suspended from using the Site or the Service; (iii) manipulate the Site, email responses or interfere with any other Users use of the Site; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from Beauty in a Beat, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any Site Content on the Site or any of our business ideas; (vii) distribute viruses or any other technologies that may harm Beauty in a Beat, or the interests or property of Beauty in a Beat’s Users; (viii) copy, modify, or distribute rights or Site Content from the Site or commercialize any of Beauty in a Beat’s applications or any information or software associated with such applications; or (ix) harvest or otherwise collect information about Users, including email addresses, without their consent.

User understands that all or some portions of the Site may not be available to the general public and may require User to, without limitation, create the appropriate user account, submit certain personal and payment information, agree to additional terms and conditions.

5.3            Additional Agreements. User acknowledges and agrees that certain other agreements and policies, including, without limitation, with respect to Customer registration (in which case the terms of the Customer Agreement shall apply in addition to the terms hereof) and with to Stylist registration (in which case the terms of the Stylist Services Agreement shall apply in addition to the terms hereof). These Terms of Use and such applicable other agreements shall all apply except in the event of any conflict between the terms of agreements, in which case, the terms of the Customer Agreement and Stylist Agreement shall apply with respect to Customers and Stylists respectively solely to the extent of a conflict in such terms. The terms of our Privacy Policy shall also apply to User

  1. Data and Privacy; Age.

6.1            Submitted Data. In order to access some portions of this Site or the Service, User may be required to provide certain information and data to Beauty in a Beat (and in certain cases may be required to create a separate account and password that can be obtained through Beauty in a Beat) (all of the foregoing, “Submitted Data”).  By submitting or providing User information, User agrees that all information provided in the Submitted Data is true and accurate and that User will maintain and update this information as required in order to keep it current, complete and accurate.  User also grants Beauty in a Beat the right to disclose to third parties certain Submitted Data about User. The information Beauty in a Beat obtains through User’s use of this Site, including User’s Submitted Data, is subject to Beauty in a Beat’s Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

6.2            Age for Use of the Site. User must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, User represents and warrants to Beauty in a Beat that User is 18 years of age or older, and that User has the right, authority and capacity to agree to and abide by these Terms of Use. User also represents and warrants to Beauty in a Beat that User will use the Site in a manner consistent with any and all applicable laws, regulations and rules of any government or entity with jurisdiction over User or these Terms of Use.

  1. Conduct on Site.

7.1            Permitted Conduct. User may use the Site for viewing Site Content for user's sole personal use or using any other available functionality, including, if User has successfully created a Customer Account or Stylist Account and, respectively, has completed the Customer Agreement or Stylist Services Agreement.

7.2            Prohibited Conduct. User may not use the Site to gain unauthorized access to Beauty in a Beat’s network(s) or server(s), as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User shall not interfere with any User’s use and enjoyment of the Site or other similar services, as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User may not in any way harm Beauty in a Beat, the Site, Users, Beauty in a Beat’s Affiliates or any other person or entity, or interfere with or manipulate the functioning or normal operations of any of the foregoing, as determined by Beauty in a Beat in Beauty in a Beat’s sole discretion. User covenants and agrees that User’s use of the shall not constitute, involve, facilitate, advocate or promote, one or more of the following, without limitation,: (i) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability or any other unlawful basis under applicable law; (ii) libelous, defamatory, threatening harassing, tortious, or similarly abusive activities; (iii) obscene, pornographic, sexually explicit or similar activities; (iv) gambling; (v) sale, export or use of illegal substances; (vi) terrorism, sedition or other illegal activities; (vii) music, video, content and/or other proprietary materials for download, sale or otherwise; (viii) a conflict or violation of any law or regulation or any intellectual property or other rights of any person or entity; (ix) harm to minors in any way; and (x) impersonation of any person. User’s use of the Site may not, in any way, violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity.

User is prohibited from providing or repurposing the Site or Beauty in a Beat Trademarks and any portion thereof to other parties in any manner. Under no circumstances can User allow other commercial entities (including, without limitation, User’s affiliates or business partners) to access the Site. User shall not: (i) disassemble, reverse engineer, decompile, or otherwise attempt to derive source code from the Site; (ii) gain or attempt to gain unauthorized access to the Site or its related systems; (iii) transfer, license, sublicense, lease, loan, sell, resell for revenue, distribute or otherwise grant any rights in the Site in any form to any other party; (iv) copy the Site, except as authorized herein; (v) send spam or otherwise send duplicative or unsolicited messages in violation of applicable law; (vi) send or store viruses, worms, Trojan horses or other malicious or harmful code, files, scripts or programs; (vii) interfere with or disrupt the integrity or the operation of the Site or other content or data contained therein; (viii) modify, copy or create derivative works based on the Site or Beauty in a Beat Trademarks; (ix) create Internet links to or from the Site, or “frame” or “mirror” any content of the Site; (x) use “bots,” “crawlers” or other automated methods to “scrape” or copy information and data from the Site; or (xi) copy any features, functions, screens, interfaces or graphics of the Site or Beauty in a Beat Trademarks.

User may not use the Site Content for any purpose other than User’s personal noncommercial use and User may not further distribute or provide the Site Content in any manner to any third party. This description of prohibited conduct is not intended to be exhaustive, and Beauty in a Beat has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability. Beauty in a Beat disclaims all liability and responsibility for such content and matters.

Portions of the Site may be accessible to Users through mobile devices, including, without limitation, a mobile device application or a mobile device web browser. User agrees to obey all traffic or other laws, regulations or rules that restrict the use of mobile devices when accessing the Site or the Service.

7.3            Termination; Cooperation. User agrees that Beauty in a Beat may at any time, and at Beauty in a Beat’s sole discretion, terminate User’s access to the Site without prior notice to User for violating these Terms of Use. In addition, User acknowledges that Beauty in a Beat will cooperate fully with investigations of violations of systems or network security at this Site or other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

7.4            Other Agreements. User acknowledges and agrees that other agreements between User and Beauty in a Beat may contain additional or similar terms regarding User’s conduct relating to the Site and the Service. Both the terms in these Terms of Use and any terms contained in other agreements between User and Beauty in a Beat, relating to User conduct, shall, to the fullest extent possible, be given complementary effect.

  1. Third Parties: Sites and Information; Advertisements; Payment and Scheduling Services.

8.1 Third Party Sites and Information. This Site may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Beauty in a Beat’s control, and User acknowledges that Beauty in a Beat is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Beauty in a Beat responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site, the Service, Beauty in a Beat or Beauty in a Beat’s Affiliates, or any warranty of any kind, either express or implied.

 

8.2 Advertisements. User agrees that Beauty in a Beat shall have the right to place advertisements on any page containing Site Content, or any other portion of the Site, and that Beauty in a Beat shall have the right to determine, in its sole discretion, the type, style, placement and any other implementation decisions regarding how, when and where advertisements are placed on any Site Content or any portion of the Site. User agrees that Beauty in a Beat shall be entitled to collect and retain all revenues from placing advertisements on the Site. User acknowledges that Beauty in a Beat does not recommend or endorse any of the products or services that are promoted in any advertisements appearing on the Site. User acknowledges that Beauty in a Beat is not responsible for the content of any advertisements that appear anywhere on the Site, including, without limitation, any portion of the Site displaying Customer Accounts or Stylist Accounts, and that Beauty in a Beat is under no responsibility or obligation to remove, alter or suspend advertisements that appear anywhere on the Site, including, without limitation, any portion of the Site displaying Customer Accounts or Stylist Accounts.

 

8.3 Third Party Payment and Scheduling Services. User acknowledges that Beauty in a Beat may, but is not required to, use third party services for payment processing and scheduling as these relate to Styling services. User agrees to use such services as may be required for use of the Site and to abide by any applicable policies related to payment processing or scheduling imposed by those third parties or by Beauty in a Beat. User grants Beauty in a Beat the right to submit any User information to these third parties that is required for use of those third party services. Beauty in a Beat disclaims all responsibility for the functioning or policies of any third party or third party service.

  1. Intellectual Property Information.

Copyright (c) 2015 Beauty in a Beat, LLC. All Rights Reserved.

By accepting these Terms of Use, User acknowledges and agrees that the Site is protected by Beauty in a Beat’s copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Beauty in a Beat and/or its Affiliates. User is only permitted to use the Site as expressly authorized by Beauty in a Beat. Except for real-time access for personal use only, User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from Beauty in a Beat, and User is solely responsible for obtaining permission before using or reusing any Site Content and any copyrighted material that is available on this Site. Any unauthorized use of the Site or Site Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Beauty in a Beat nor Beauty in a Beat’s Affiliates warrant or represent that User’s use of Site Content displayed on, or obtained through, this Site will not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Site may be protected by patent applications pending in, or filed with, the United States, and Beauty in a Beat may prepare and file additional patent applications in selected foreign jurisdictions.

  1. User Submitted Information.

10.1            Confidentiality of Submitted Information. Subject to Beauty in a Beat’s Privacy Policy (and except for client information provided for contact purposes), any communication or material that User transmits to this Site or to Beauty in a Beat, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  While User retains all rights in such communications or material, User grants Beauty in a Beat and Beauty in a Beat’s designated licensees a non-exclusive, non-revocable, perpetual, royalty-free, worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Notwithstanding any of the foregoing, User agrees that User is responsible for all information or communications transmitted to Beauty in a Beat, including, without limitation, information transmitted to Beauty in a Beat via Customer Accounts or Stylist Accounts and that User shall be responsible for the security and confidentiality of any information related to their Customer Account or Stylist Account, including, without limitation, password and user credentials. Please do not submit confidential or proprietary information to Beauty in a Beat unless Beauty in a Beat has mutually agreed in writing otherwise. Beauty in a Beat is also unable to accept User’s unsolicited ideas or proposals, so please do not submit them to Beauty in a Beat in any circumstance.

10.2            Suspected Copyright Violations. Beauty in a Beat respects the intellectual property of others, and Beauty in a Beat asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by Site Content on this Site, User should send notification to Beauty in a Beat, via the contact information on the Site, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Beauty in a Beat to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Beauty in a Beat to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Beauty in a Beat’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Notice of Claimed Infringement:
President
Beauty in a Beat, LLC
info@beautyinabeat.com or contact@beautyinabeat.com

10.3            Removal of Infringing Content. Beauty in a Beat will remove the infringing Site Content, subject to the procedures outlined in the Digital Millennium Copyright Act.  User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Beauty in a Beat may immediately remove the identified materials from Beauty in a Beat’s Site without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties.

THE SITE AND ALL SITE CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BEAUTY IN A BEAT MAKES NO WARRANTY THAT (A) THE SITE, SITE CONTENT AND RELATED SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE SITE, SITE CONTENT AND RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, RELATED SERVICES OR SITE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE SITE FROM BEAUTY IN A BEAT OR BEAUTY IN A BEAT’S AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. BEAUTY IN A BEAT MAY MAKE CHANGES TO THE SITE, SITE CONTENT AND RELATED SERVICES ON THIS SITE.  THE USE OF THE SITE, RELATED SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

  1. Limitation of Liability.

IN NO EVENT SHALL BEAUTY IN A BEAT OR BEAUTY IN A BEAT’S AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT BEAUTY IN A BEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, RELATED SERVICES (INCLUDING STYLING SERVICES), OR ANY SITE CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, BEAUTY IN A BEAT SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. BEAUTY IN A BEAT’S AND ITS AFFILIATES’ MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER'S USE OR ACCESS TO THE SITE SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

  1. Indemnification.

Upon a request by Beauty in a Beat, User agrees to defend, indemnify, and hold Beauty in a Beat and Beauty in a Beat’s Affiliates harmless from all liabilities, amounts, damages, claims, alleged claims, costs and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) User’s use or misuse of this Site; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the Site or any agreements entered into between Beauty in a Beat and User; (iii) any breach or violation of any provision of these Terms of Use; (iv) any violation of applicable law by User; (v) any violation of any intellectual property rights by User, whether Beauty in a Beat's rights or those of a third party; (vi) User’s negligence, gross negligence or willful misconduct; and (vii) any personal injury (including death) or damage to property resulting from User’s or its agents’ acts or omissions. Beauty in a Beat reserves the right, at Beauty in a Beat’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Beauty in a Beat in asserting any available defenses.

  1. International Use.

Although this Site may be accessible worldwide, Beauty in a Beat makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Site Content is illegal or prohibited. Users who choose to access this Site from other locations do so on User’s own initiative and are responsible for compliance with local laws, regulations or rules. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

  1. Termination of Use.

User agrees that Beauty in a Beat may, in Beauty in a Beat’s sole discretion, terminate or suspend User’s access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on this Site and to use the Site immediately ceases, and User acknowledges and agrees that Beauty in a Beat may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files, the Service, or this Site. Beauty in a Beat shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Beauty in a Beat in connection therewith. The following provisions of these Terms of Use shall survive termination: 4, 5, 6, 7 and 9-18 and any other provision that may be expected to survive the termination hereof.

  1. Law; Venue.

User agrees that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between User and Beauty in a Beat, except as otherwise stated in these Terms of Use. All claims under these Terms of Use or related to User’s relationship with the Site or Beauty in a Beat’s Services shall be brought in the federal or state courts located in Washington, District of Columbia.

  1. Notices.

All notices to Beauty in a Beat shall be in writing and shall be made either via email or conventional mail. Notices to Beauty in a Beat must be sent to the contact information provided on the Site or through the Service. Notices to Users may be sent either to the email address supplied for User’s account or to the address supplied by User as part of User’s Submitted Data. In addition, Beauty in a Beat may broadcast notices or messages through the Site to inform User of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to User. Any notices or communication under these Terms of Use will be deemed delivered to Beauty in a Beat on the delivery date. Any notices or communication under these Terms of Use will be deemed delivered to User on the delivery date, regardless of whether User actually receives or reads such notice, or if notice is by posting to the Site, then such notice will be deemed delivered to User on the date of posting to the Site, regardless of whether User actually has knowledge of or has read the notice.

  1. General.

18.1            Assignment; Reproduction of Site. User may not assign User’s rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Beauty in a Beat may freely assign Beauty in a Beat’s rights and obligations under these Terms of Use and novate these Terms of Use in its entirety. User agrees not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

18.2            Force Majeure. In addition to any excuse provided by applicable law, Beauty in a Beat shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond Beauty in a Beat’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Beauty in a Beat’s reasonable control, whether or not similar to those which are enumerated above.

18.3            Enforceability; Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any part of any provision of these Terms of Use shall be or become invalid, unlawful or enforceable to any extent, then the remainder of such provision and all other provisions of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law.

18.4            No Waiver. Any failure by Beauty in a Beat to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision or a waiver of Beauty in a Beat’s right to enforce or exercise any such provision of these Terms of Use in the future.

18.5            Right to Sue Beauty in a Beat. User covenants and agrees that User will not, at any time hereafter, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of any claim, demand or cause of action at law or otherwise, against Beauty in a Beat, its employees, members or Affiliates, or any of them, for damages, loss or injury of any kind arising from, related to, or in any way connected to any service related to this Site or the Service.  This covenant shall be binding upon, and inure to, the benefit of the parties, their successors, assigns and executors, administrators, personal representatives and heirs.

18.6            Entire Agreement. These Terms of Use (and any additional agreements entered into by User and Beauty in a Beat (e.g. a Customer Agreement, Stylist Services Agreement, etc.)), represent the entire agreement between User and Beauty in a Beat pertaining to the use of this Site and supersedes all prior written or oral agreements (including prior versions of these Terms of Use), representations, warranties or covenants between User and Beauty in a Beat pertaining to the use of this Site or any related Services. These Terms of Use and any additional agreements between Beauty in a Beat and User shall be construed, to the fullest extent possible, as being consistent with each other. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by User and Beauty in a Beat. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

18.7            Intended Beneficiaries. These Terms of Use are strictly between Beauty in a Beat and User. There are no intended third party beneficiaries of these Terms of Use.

18.8            No Endorsement. The appearance of any non-Beauty in a Beat produced Site Content on the Site shall in no way constitute an endorsement, implied or otherwise, of such content or its owner.

BY USING THIS SITE AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH BEAUTY IN A BEAT REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS SITE.