TERM OF USE

          By accessing or using this website (this “Site”), you agree to these Terms of Use (this “Agreement”).  This Site is owned, operated, and provided to you (“You”) by WebCommerce LLC., a Virginia limited liability corporation (“myEsalon”).  Your access and use of this Site is governed by this Agreement.  By accessing or using this Site, You agree to the terms and conditions contained in this Agreement.  If You do not wish to abide by this Agreement, You may not access or use this Site.

          From time to time, myEsalon may revise this Agreement without any notice to You.  You agree that, each time you access or use this Site, You shall review and abide by the then-current version of this Agreement.

     You and myEsalon agree as follows:

1)      General Information.  You acknowledge that this Site is a website development, management, and marketing for salons and spas.  Once you become a client, you have accepted and agreed to all of our terms and policies. 

2)      Permitted Use. 

     a)      This Site must be used only for the purposes expressly set forth on the Site.  Any other use of this Site is prohibited. 

     b)      Notwithstanding any other provision of this Agreement, You shall not:  (a) access or use this Site for any purpose that is unlawful; (b) access or use this Site for any purpose that is not expressly permitted by the Site or this Agreement; (c) access or use this Site in any manner that could damage, disable, overburden, or impair any myEsalon computer system, server, or network; (d) access or use this Site in any manner that interferes with any other person’s access or use of this Site; (e) attempt to gain unauthorized access to the Site, other accounts, myEsalon computer system, server, or network; or (f) access or use materials or information through any means not intentionally made available by myEsalon. 

     c)      Notwithstanding any other provision of this Agreement, You shall ensure that your use and access of this Site complies with all applicable laws and regulations.

     d)     This Site is not intended to be used by persons under the age of 18.  You represent and warrant that you are at least 18 years of age.

     e)      If You fail to abide by this Agreement in any way, or fail to pay any amount when due under this Agreement, myEsalon may prohibit you from accessing or using this Site.  No action or omission by myEsalon shall be deemed to be a waiver of any right or remedy provided under this Agreement or under applicable law.

3)      User Content.  

     a)      As to any content You post to or through this Site (such content, “Content”), You represent and warrant that the Content is wholly complete, true, and accurate and that You are the sole owner of the Content. 

     b)      You shall not post any Content that:  (a) is harmful; vulgar; obscene; profane; sexually explicit; abusive; threatening; privacy invading; defamatory; racially, ethnically, or otherwise objectionable; or unlawful in any way; or (b) infringes or may infringe on the intellectual property or other rights of another.

     c)      You acknowledge that myEsalon does not endorse or pre-screen content, but that myEsalon and its designees shall have the right, but not the obligation (in myEsalon 's sole discretion) to reject, edit, move or remove any content that is made available on this Site. 

     d)     Without any time limit or payment to You, myEsalon and anyone myEsalon permits may reproduce, display, distribute and create new works of authorship in any media, based on and including Content. Additionally, You grant myEsalon the right to use the name you submit in connection with such Content and myEsalon has the right to help you market and advertise the content elsewhere.

     e)      You shall not copy, distribute, or display, in any way, any information You find on this Site on any other website or electronic forum without the express written permission of myEsalon.

     f)       You represent and warrant that any and all information that you post to this Site or provide about, or in response to, any position availability posted to this Site is wholly complete, true, and accurate.

     g)      Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide to all myEsalon policies as well as all other operating rules, policies and procedures that may be published from time to time on the Site.

4)      Privacy Policy.  myEsalon Privacy Policy (located here [Privacy Policy]) is incorporated herein, by reference, as if fully set forth herein.

5)      Contract for services Rendered.  By joining and accepting all our policies The Client hereby engages myEsalon to provide client a website & marketing based on the monthly package plan client chooses in exchange for consideration described herein under “Payment.”

     a)      myEsalon package may or may not include the following below:  

          i)        A custom built website for the client’s business

          ii)      Website and content management, keeping client’s website fresh and updated.

          iii)    Photos and gallery updates

          iv)    Facebook page, Google Plus and other social network integration. 

          v)      Email marketing system to help client quickly deliver seasonal promotions and discounts.   

          vi)    Domain, Hosting, and Business Emails. 

          vii)  Monthly Promotion Designs.

          viii)            E-Gift System. 

          ix)    Online Appointment Booking Integration.

     b)      Payment for Services Rendered

          i)        The Client shall pay myEsalonfor services with a setup fee depending on package chosen and the monthly service fee on a monthly basis by credit card or ACH withdrawal. 

          ii)      Client has 14 days after demo draft of website is ready to review. The service fee will begin on or before the 14 days review period. 

          iii)        Should the Client fail to pay myEsalon the full amount specified in any invoice within 14 calendar days of the invoice’s date, all websites and services from myEsalon will cease and client will lose all domain names, materials, content, services that have been established.  

6)      DMCA Notice Procedure. 

     a)      myEsalon will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).

     b)      If you believe that your work was copied or posted on this Site in a way that constitutes copyright infringement, please contact our designated agent:

               (a)    WebCommerce LLC,

               (b)   Attn: DMCA/Copyright Agent

               (c)    support@myesalon.com

     c)      Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information:  (1) a description of the copyrighted work which You claim has been infringed (if you are not the owner of the work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (2) a description of where the allegedly infringing material is located on this Site; (3) information reasonably sufficient to permit myEsalon to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (4) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

     d)     Upon receipt of such written notification, conforming to the DMCA and containing the information described in Section 5.3, myEsalon will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed.

     e)      If allegedly infringing material is removed by myEsalon, the alleged infringer may deliver a counter-notification to myEsalon 's designated agent which complies with the provisions of the DMCA and includes the following information:  (1) a physical or electronic signature of the alleged infringer; (2) a description of the of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on this Site before it was removed or access to it was disabled; (3) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which myEsalon may be found, and that the alleged infringer will accept service of process from the person who provided the notification or an agent of such person.

     f)       Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in Section 5.5, myEsalon will promptly provide You, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days.  If myEsalon 's designated agent does not receive notice from You that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, myEsalon will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.

7)      Third-party Websites, Companies, and Products.  Mention of, or linking to, third party websites, companies, and products on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation.  Certain links on this Site will permit you to leave this Site.  The websites linked by this Site are not under the control of myEsalon and myEsalon is not responsible for the content of any linked website.

8)      Indemnification.  You shall defend, indemnify, and hold harmless myEsalon, its officers, directors, employees, and agents, from and against any claims, actions or demands, including, without limitation, all reasonable attorney’s fees and costs, made by any third party due to or resulting from your access or use of this Site, your violation of this Agreement, or any breach of a warranty made by You in this Agreement.

9)      Disclaimer; Limitation of Liability.   

     a)      this site and all of its content are provided “as is,” without warranty of any kind, either express or implied.  to the full extent permissible by applicable law, myEsalon disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 

     b)      your use of the site is at your own risk.  this site may contain links to other sites. myEsalon is not responsible for the content or privacy policies of those sites.

     c)      any material downloaded or otherwise obtained through this site is accessed at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material.

     d)     in no event shall myEsalon be liable for any special, incidental, indirect, or consequential damages whatsoever arising from access or use of, or inability to access or use, this site. 

     e)      in no event shall myEsalon be liable for any damages whatsoever arising from content provided by or representations made by another user of this site.

     f)       in any event, myEsalon entire liability to you under any provision of this agreement or arising from your access or use of this site shall be limited to the amount actually paid by you to 123exchanges pursuant to this agreement.

10)  Governing Law.  This Agreement is governed and shall be construed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

11)  Choice of Forum.  Any party commencing against any other party any legal proceeding (including, without limitation, any tort claim) arising out of, relating to or concerning this Agreement shall bring that proceeding in the United States District Court for the Eastern District of Virginia or in the courts of Fairfax County, Virginia. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought in accordance with this Section 10 has been brought in an inconvenient forum or that the venue of that proceeding is improper

12)  Attorney’s Fees and Costs.  Should any party breach this Agreement, the non-breaching party shall be entitled to an award of its costs and reasonable attorneys’ fees expended in any action based upon the terms of this Agreement in any case in which it is the substantially prevailing party.

13)  Severability.  In the event that any provision of this Agreement is invalidated by a court of competent jurisdiction, then all of the remaining provisions of this Agreement shall continue unabated and in full force and effect.

14)  Binding Effect.  This Agreement shall be binding upon each of the parties and upon their respective successors and assigns, and shall inure to the benefit of each of the parties and to their respective successors and assigns.

15)  Entire Agreement.  This Agreement contains the entire understanding and agreement between the parties and shall not be modified or superseded except upon the express written consent of both parties.  This Agreement is not intended to confer upon any person, other than the parties, any rights or remedies

 

 

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