Terms and conditions
Thank you for visiting Hello Salon Pro! Hello Salon Pro, LLC (“HSP”) is the operator of the www.HelloSalonPro.com site (the “Site”).
HSP grants you a personal, limited, non-transferable, non-exclusive license to access and use the Site. HSP reserves the right, in sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site. HSP is not liable to you or to any third party for doing so. HSP may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Registration and Passwords
In order to access certain services on the Site, you must first register and create a username and password. During registration, you are also required to provide truthful contact and demographic information (including, but not limited to, your name, email, birthday, and zip code).
Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of HSP. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of HSP. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
By using the Site, all users agree that they will refrain from the following:
- Posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate, or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or HSP’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website. You may not resell use of, or access to, the Site to any third party without the prior written consent of HSP.
The Site Is Not For Minors
The Subscription Contract
In subscribing to the Site, you may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant HSP the right to provide such information to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by HSP after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will be automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
Cancellation Policy for Renewals
To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send HSP a message at [email protected] and HSP will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.
Excluding any content that may be submitted by Members from time to time, HSP strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies, which HSP may correct without liability. HSP does not guarantee that all products described on the Site will be available.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Site are the property of HSP or its licensors and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Site. Hello Salon Pro is the registered trademark of HSP. All other trademarks are the property of their respective owners. All of the Site’s and content is copyrighted by HSP. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by HSP.
Contributed Content Guidelines
HSP values your engagement. When contributing content, please consider the following guidelines:
- By submitting or posting any materials or content on the Site, you grant HSP a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant HSP the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. HSP will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
- All contributed content is subject to the terms set forth below which include the policy regarding copyright infringement.
HSP reserves the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisements, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses, or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with HSP about product selection, pricing, ordering, delivery, or other customer service issues, please do not submit this feedback through a content submission. Instead, contact HSP directly via [email protected]
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, HSP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HSP makes no warranties of any kind regarding any non-HSP sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and HSP makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-HSP sites. HSP does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Limitation of Liability
In no event shall HSP, its parent company, subsidiaries, affiliates, or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this Site be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Site, whether based upon warranty, contract, or tort (negligence). Even if HSP has been advised of or should have known of the possibility of such damages or losses.
In no event shall the total liability of HSP, its affiliates, or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this Site to you for all damages, losses, and causes of action resulting from your use of this Site, whether in warranty, contract, or tort (negligence), exceed the amount you paid to HSP in connection with the event giving rise to such liability. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site.
HSP controls and operates the Site from the United States. HSP makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Copyright Infringement; Notice and Take Down Procedures
HSP specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify HSP of your copyright infringement claim in accordance with the following procedure. HSP will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Hello Salon Pro, LLC
301 S. Blount Street, Floor 2
Madison, WI 53703
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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, its agent, or the law; and
- 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 infringed.
Please contact HSP with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
The failure of HSP to partially or fully exercise any rights or the waiver of HSP of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by HSP or be deemed a waiver by HSP of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of HSP under these Terms and any other applicable agreement between you and HSP shall be cumulative, and the exercise of any such right or remedy shall not limit HSP’s right to exercise any other right or remedy.
The laws of the State of Wisconsin shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to HSP, shall be submitted to confidential arbitration in Madison, Wisconsin; provided, however, that to the extent that you have in any manner violated or threatened to violate HSP’s intellectual property rights, HSP may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin. You hereby consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Wisconsin. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms, must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
You and HSP agree that each may only bring claims against the other in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and HSP agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Questions: Should you have any questions regarding these Terms you may contact HSP at [email protected]