Terms of Service
A. The Terms
2. Definitions In the Terms, "User," "you" and "your" refer to the individual or entity that creates a SFH account as a Customer and/or Stylist. "SFH," "we," "us" and "our" refer to Style for Hire. "Customer" refers to the person who seeks service from SFH. "Stylist" refers to the person who provides a service offered through the Site.
3. Right to Modify SFH may change, revise or modify any of these latest Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
B. The Website
4. SFH* Is a Venue; Third-Party Content* SFH is not involved in the conversation between Customers and Stylists. You acknowledge that SFH cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee such content. Accordingly, SFH is not liable for any acts or omissions of Stylists, content in Posts, the ability of Stylists to answer questions or the ability of Customers to pay for services. Notwithstanding the foregoing, SFH reserves the right, but is not obligated, to refuse to post or to remove any content.
**5. Limitations on Relationship Communications on this Site are separate from in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
C. User Accounts
6. User Accounts; Restricted Activities; Suspension or Termination of Service When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data. You will not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify SFH of any unauthorized use of your password or account. You should only create one account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active SFH accounts. SFH does not assert any ownership over photographs or electronic files containing your image; rather, as between SFH and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your photographs and any proprietary rights associated with such images. SFH will always ask for your express permission to use photographs or electronic files containing your image prior to such use. Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with SFH or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene, contain child pornography, be adult in nature or otherwise be harmful to minors; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without SFH's prior written consent.
You are prohibited from soliciting Users of this Site, including Stylists, for any purpose (including inviting other Users to contact you off the Site or inviting Users to participate in a website that competes with SFH or the Site). At any time, without notice, for any or no reason, SFH reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users' accounts. If any SFH account of yours has been suspended or terminated for breach of Terms, you may not open another account on the Site.
7.* Fees, Deposits and Refunds* You select the Stylist based on biographical information and the price that you are willing to pay for their services. A portion of this price will go to SFH. The rest will go to the Stylist whose services you accepted.
To honor the time Stylists spend helping you, you are required to pay the amounts charged to you by SFH. Payments may be made electronically through this Site. SFH maintains the right to initiate special incentive and pricing programs. These may be limited, at SFH's sole discretion, to defined and limited Users or non-Users.
8.* Receipt of Special Offers and Other Communications* By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from SFH per the terms of the Privacy & Security Policy. You may modify this by sending an email to firstname.lastname@example.org or calling 1.877.STYLE.O7.
D. Legal Statements
9.* Release* Users are responsible for their acts and omissions and content placed on the Site. Because the SFH Site is a venue, in the event that you have a dispute with one or more Users, you release SFH (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
10.* Proprietary Rights of Content* You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by SFH, by SFH Stylists, SFH Users, or SFH Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
11.* No Endorsement of Non-SFH Entity; No Relationship with Users* In order to improve its customers' experience, SFH may partner with relevant non-SFH entities and offer their products and services to SFH customers. Placement of information, logos, links or names of such non-SFH entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold SFH harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and SFH or between any User (including Customers and Stylists) and SFHby formation of this Agreement (or any of the Related Agreements) or by your participation on the site.
12.* Information Control and Storage* We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. By using this Site, you agree to accept such risks and that SFH is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that SFH is not responsible or liable for the deletion or failure to store content and/or other information.
13.* Exclusion of Warranties* SFH SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SFH DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFH DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SFH'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL SFH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS STYLISTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE, OR USE OF ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES AFFILIATED WITH SFH, IS AT THE USER'S SOLE RISK.
14.* Limitation of Liabilities* IN NO EVENT SHALL SFH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SFH IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You and SFH agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
15.* Indemnification* You agree to indemnify, defend and hold SFH, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to SFH's attention and not to your attention, SFH shall provide you reasonable notice of such claim. SFH shall be entitled to participate in the defense of such claim.
16.* Press Releases and Third-Party Press About **SFH* The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about SFH or the Site should not be relied upon as being provided or endorsed by SFH.
17.* Choice of Law and Forum* CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of New York, without regard to its conflicts of law provisions. DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user's email address on file with SFH, or (b) Style for Hire Corporation., 1250 Broadway, 30th Floor, New York, NY 10001 or email@example.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction. NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the District of Columbia courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
These Terms are not assignable. Neither party shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by the party. No delay or omission on the part of SFH in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.