Terms of Service for Clients and Beauty Service Providers
Effective Date: 01/29/2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN ELYSIAN BEAUTY AND YOU, WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE AN INDIVIDUAL WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18) OR USERS WHO HAVE HAD THEIR USER ACCOUNT TEMPORARILY OR PERMANENTLY DEACTIVATED. BY BECOMING A USER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
The Elysian Beauty Platform that provides a marketplace for clients (“Clients” or “you” or “your”) seeking aesthetician services (“Services”) by connecting Clients with aesthetician service providers (collectively, "Beauty Service Providers" or also “you”). The Beauty Service Providers and Clients are both users of the Services and are also referred to collectively as "Users".
Elysian Beauty provides the Platform for Beauty Service Providers and Clients to connect and serves only as a medium to facilitate the provision of Services. Elysian Beauty does not provide or contract for Services. Beauty Service Providers and Clients contract independently for the Services. Each Client is solely responsible for selecting the Beauty Service Provider, the Services to be provided and the location at which Services will be performed, whether on the premises of a Beauty Service Provider or at a site designated by the Client. Any decision by a Client to receive Services or by a Beauty Service Provider to provide Services is a decision made in such person's sole discretion.
Elysian Beauty does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Services provided by Beauty Service Providers nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Beauty Service Providers or Clients. Elysian Beauty makes no representations or warranties whatsoever with respect to Services provided by Beauty Service Providers or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Beauty Service Provider. You understand that Elysian Beauty does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Elysian Beauty does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Services or Beauty Service Providers’ identity on the Platform. Elysian Beauty does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the Platform.
Although the Services are intended to provide each Beauty Service Provider’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Beauty Service Provider to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Beauty Service Provider will honor the reservation as scheduled. Elysian Beauty cannot guarantee availability of the Services to any User.
Sub-domain Space for Beauty Service Providers
Elysian Beauty will provide Beauty Service Providers as part of the Service a sub-domain space on the Platform. The Beauty Service Provider will choose an Elysian Beauty sub-domain name such as name.pieservices.com, where you can choose the “name” portion. Elysian Beauty will maintain, control and pay all the costs for such sub-domain and own that sub-domain even after termination of this Agreement for any reason or no reason. No rights are granted to your use of the sub-domain other than as provided herein. Elysian Beauty reserves all rights to the sub-domain other than those explicitly granted herein. You cannot transfer the sub-domain in any circumstance. Your use of the sub-domain is subject to third-party terms and conditions. Elysian Beauty may provide your registration information to the third-party domain host. Elysian Beauty will retain your registration information for at least two (2) years after termination of this Agreement. Elysian Beauty may terminate the sub-domain without notice. We may also terminate the sub-domain if there is no activity for 180 days. Use of abusive, insulative or unprofessional language on the sub-domain is subject to immediate termination of this Agreement.
Client Payment for Services
You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by our payment provider) (“Payment Provider”) as a condition to making an appointment with a Beauty Service Provider, including free promotional hair, nail and makeup services Elysian Beauty may arrange from time to time as part of the Services.
By providing any payment information through Elysian Beauty, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such payment method account(s) or applicable law.
When you authorize a payment method account via Elysian Beauty, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using payment method.
You authorize Elysian Beauty to charge your payment method account for the full amount of your final bill. You may only pay the full amount of the bill; no split checks or partial payments are permitted.
Cancellation of Appointments
We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the Beauty Service Provider cancels an appointment for any reason, you will receive a refund, unless Elysian Beauty is able to book another Beauty Service Provider acceptable to you during the time scheduled for your appointment. If Beauty Service Providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such appointment.
Payment happens automatically through the app and 20% gratuity is added automatically. You can cancel or modify your appointment at any time up to 4 hours in advance. Cancellations within 4 hours but at least 90 minutes prior to your appointment time will result in a $25 service charge. Cancellations within 90 minutes of the appointment time and client no-shows will be charged the full list price for the services including a 20% cancellation fee.
If you are running late for my appointment, then your Beauty Service Provider can wait for half of the scheduled appointment time, for example, if you booked a Makeup appointment, the artist can wait up to 30 minutes for you. Please note that the end time of your appointment remains the same and the Beauty Service Provider will do as much as they can for you in the allotted time. If you would like to extend the time the Beauty Service Provider is there, please email us at [ ] or call [ ].
We will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order a product thereafter. All payments to the Beauty Service Providers are non-refundable, except in the event the Beauty Service Provider, or we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one- and one-half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
You agree to immediately notify Elysian Beauty of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for the Services (from time to time in our sole discretion, and subject only to the right of Beauty Service Providers to review and accept said pricing changes) by updating the price list included on the Platform and without any additional notice to you, provided that any changes will not affect any Services purchased prior to the notice.
You may purchase cosmetic and lifestyle products from the Platform. All products sales are FINAL, with NO REFUND or EXCHANGE.
Elysian Beauty Payment to Beauty Service Provider
When a Client pays for Services via the Platform, then Payment Gateway Processor will automatically initiate a payout of proceeds received from Client to the Beauty Service Provider’s valid, linked-bank account after completion and settlement of payments. Elysian Beauty will charge a thirty percent (30%) commission to each payment as a fee for the Services.
Refunds by Beauty Service Provider
By accepting card transactions and other payment methods through Elysian Beauty, you agree to process returns of, and provide refunds and adjustments for, your goods or services through your Account in accordance with these Terms. You are obliged to comply with our cancellation policy to Clients at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data. We can process a refund through your Account at any time. If your available balance is insufficient to cover the refund, Elysian Beauty will withdraw up to the refund amount from a payment instrument registered with your Account and credit it back into the Client’s your card. Elysian Beauty has no obligation to pay for any refund of your Services on your behalf. Elysian Beauty may require the Beauty Service Provider to maintain deposits in an escrow account to act as a provision against the refund. The amount of such deposits will be determined by Elysian Beauty.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Platform (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. Elysian Beauty shall report payments made to governmental entities as required by law by looking at the taxpayer identification number (“TIN”) associated with your Account, including the applicable social security number (“SSN”) or entity identification number (“EIN”).
We will use reasonable attempts to fix processing errors. Your failure to notify Elysian Beauty of a processing error within thirty (30) days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official Elysian Beauty communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a Platform or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.
By creating an account with Elysian Beauty (an "Account"), you are granted a limited, personal, non-transferable, non-sub licensable, non-exclusive, and revocable right to use the Services provided by Elysian Beauty subject to the restrictions set forth in these Terms of Service.
In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration process and as requested from time to time by Elysian Beauty (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 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 Services. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party Beauty Service Providers (each such account, a "Third-Party Account") by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing Elysian Beauty to access your Third-Party Account, as is permitted under the applicable terms and conditions that solely govern your use of such Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to Elysian Beauty and/or grant Elysian Beauty access to your Third Party Account (including, but not limited to, for use for 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 Elysian Beauty to pay any fees or making Elysian Beauty subject to any usage limitations imposed by such third party Beauty Service Providers. By granting Elysian Beauty access to any Third-Party Accounts, you understand that Elysian Beauty may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account, including without limitation text, images, photos, graphics, audio or video, any friend lists, mutual friends lists, posts, comments, following/followed lists and liked lists (Social Networking Service content, the "Content” or SNS Content"), so that it is available on and through the Platform to other Users. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be your information. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Elysian Beauty's access to such Third-Party Account is terminated by the third-party Beauty Service Provider, then SNS Content may no longer be available on and through the Platform. At your request made via e-mail Elysian Beauty will deactivate the connection between the Services and any of your Third-Party Accounts and delete any applicable information stored on Elysian Beauty servers that was obtained through such Third-Party Account. Elysian Beauty makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. Elysian Beauty IS NOT RESPONSIBLE FOR ANY SNS CONTENT.
The Services may contain links to third party Platforms that are not owned or controlled by Elysian Beauty. Elysian Beauty has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Platforms. In addition, Elysian Beauty will not and cannot censor or edit the content of any third-party site. BY USING THE SERVICE, YOU EXPRESSLY RELIEVE ELYSIAN BEAUTY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THRID PARTY PLATFORM.
Termination of Account
Elysian Beauty reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to your Account (including the funds in your Account), the Platform and the Services if you (i) have violated the terms of this Agreement, any other agreement you have with Elysian Beauty, or Elysian Beauty's policies or (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct or (iii) use of abusive, insulative or unprofessional language is subject to immediate termination of the Service.
Effects of Termination
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Services, (c) that the license provided under this Agreement shall end immediately, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Elysian Beauty shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
Elysian Beauty will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any refunds, charges, cancellations fees or other fees or costs accrued prior to the termination and any other amounts owed under this Agreement.
Elysian Beauty is not liable for any losses relating to fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Elysian Beauty from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Elysian Beauty of any Fraudulent Actions, which may affect the Services. Elysian Beauty reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Elysian Beauty Communications
By becoming a User, you expressly consent and agree to accept and receive communications from us or the Beauty Service Providers, including via e-mail, text message, calls, and push notifications to the cellular telephone number or e-mail address, including advertisements. By consenting to being contacted by Elysian Beauty or the Beauty Service Providers, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Elysian Beauty, its affiliated companies and/or Beauty Service Providers, including but not limited to: reminders in connection with Beauty Service Providers, operational communications concerning your Accounts or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us or our third party partners, and news concerning Elysian Beauty and industry developments. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY EMAILING US AT [ ].com. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the Platform or the Services.
Service Use and Limitations and Changes to the Services.
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Elysian Beauty shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Elysian Beauty has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet Beauty Service Provider failures or delays.
As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.
When you publish SNS content or information through the Platform, it means that everyone, including people outside of the Elysian Beauty community, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about Elysian Beauty, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Elysian Beauty safe and spam free, but can't guarantee it. With respect to your use of the Platform and receipt of Services, you agree not to violate any law, statute, ordinance or regulation; rent, lease, lend, sell, redistribute, license or sublicense the Elysian Beauty Platform.
You must not sell or transfer, or offer to sell or transfer, any Elysian Beauty account to any third party without the prior written approval of Elysian Beauty.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Elysian Beauty; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Elysian Beauty’s servers, system or network or attempt to breach Elysian Beauty’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking Elysian Beauty’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Elysian Beauty under these Terms of Service, Elysian Beauty reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You should not share any protected health information with Beauty Service Providers via the Service. The Service is not intended to be used for communication of protected health information and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
The Services contain content and technology of Elysian Beauty that is protected by copyright, trademark, patent, trade secret and other laws. Elysian Beauty owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Property"). You may not copy, modify, or reverse engineer any part of the Services or the Property.
In order to operate the Services, Elysian Beauty needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Elysian Beauty, or making available for inclusion in publicly accessible areas of Elysian Beauty, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights to your Content, you represent that you have full authorization to do so. You also hereby grant Elysian Beauty a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works to the Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on the Platform and will terminate at the time such Content is removed from the Services by you or by Elysian Beauty. Elysian Beauty reserves the right to remove any Content from the Platform, at its sole discretion.
Elysian Beauty respects the intellectual property of others. Elysian Beauty may, at its discretion, disable and/or terminate the Accounts of Users who Elysian Beauty, 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 contact us at [ ].com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LOCATION DATA PROVIDED BY THE PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER ELYSIAN BEAUTY, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE PLATFORM MAY BE ACCESSIBLE TO ELYSIAN BEAUTY AND CERTAIN USERS OF THE PLATFORM.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR SERVICES AND USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE PLATFORMM OR THROUGH THE SERVICES OR SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER ELYSIAN BEAUTY'S CONTROL (SUCH AS THIRD-PARTY SERVERS). ELYSIAN BEAUTY MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELYSIAN BEAUTY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
ELYSIAN BEAUTY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ELYSIAN BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICES OFFERED OR PROVIDED BY BEAUTY SERVICE PROVIDERS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY BEAUTY SERVICE PROVIDER.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, TABLETS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELYSIAN BEAUTY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELYSIAN BEAUTY 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 BOIDLY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELYSIAN BEAUTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SERVICES FACILITATED BY THE 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 SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to defend, indemnify and hold harmless Elysian Beauty 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 Services; (ii) Services facilitated by the 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, trade secret or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services or the Services. This defense and indemnification obligations will survive the termination of this Agreement and your use of the Services.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Elysian Beauty may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you and Elysian Beauty shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Elysian Beauty agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Maryland, Virginia.
Any failure of Elysian Beauty to enforce or exercise a right provided in these Terms of Service is not a waiver of that right. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and Elysian Beauty both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be led within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
End of Terms of Service.
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