TERMS AND CONDITIONS
USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view our information, our services offered and informational materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user id and/or password, if applicable, for the Services you utilize through the Site. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Project Belle is not responsible for the security of any information transmitted to or from the Site. Project Belle reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), or any other systems or networks connected to the Site or to any Project Belle server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Project Belle on or through the Site, or (viii) use the Site or the Services offered on the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Project Belle . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY PROJECT BELLE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Project Belle transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Project Belle and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Project Belle does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2017 Project Belle LLC or its affiliates or subsidiaries. All rights reserved. Project Belle also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Project Belle. All names, logos, and icons identifying Project Belle and its programs, products, and services are proprietary trademarks of Project Belle, and any use of such marks, including, without limitation, as domain names, without the express written permission of Project Belle is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms, and conditions. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to Project Belle ’s programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Project Belle’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements. Project Belle makes no warranties or representations whatsoever regarding any other web site that you may access through the Site.
The Site uses Google™ Translate to provide language translations of its content. Google™ Translate is a free, automated service that relies on data and technology to provide its translations. While this system is state-of-the-art, translations cannot be guaranteed as exact or without the inclusion of incorrect or inappropriate language. Google™ Translate is a third-party service and users will be leaving the Site to utilize translated content. As such, Project Belle cannot guarantee or claim responsibility for the accuracy, reliability, or performance of this service nor the limitations provided by this service, such as the inability to translate specific files like pdfs and graphic-based documents (e.g. .jpgs, .gifs, etc.).
SERVICE PROFESSIONALS. Project Belle does not endorse and is not responsible or liable for any goods or services available or unavailable from, or through, any third party or service professional you select through the Site (which includes, but is not limited to, health care and wellness professionals). You agree that should you use or rely on such goods or services, available or unavailable from, or through any third party or Service professional (which includes, but is not limited to, health care and wellness professionals), Project Belle is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any service professional (which includes, but is not limited to, health care and wellness professionals), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service professional (which includes, but is not limited to, health care and wellness professionals) exclusively and do not involve Project Belle. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service professionals (which includes, but is not limited to, health care and wellness professionals) through the Site.
Photographic Session or Similar Activities. Contractor acknowledges that all cosmetology services, as defined by Tennessee Code Annotated § 62-4-102(a)(3), provided through this Agreement shall constitute photographic sessions or similar activities, whereby Contractor may photograph individual clients to further develop Contractor’s portfolio and will retain said photographs, electronically or in print form, for a term of six (6) years from the date the photograph was taken.
TENNESSEE CONSUMERS - PHOTOGRAPHIC SESSION OR SIMILAR ACTIVITIES. You acknowledge that all cosmetology services, as defined by Tennessee Code Annotated § 62-4-102(a)(3), booked through Project Belle, constitute photographic sessions or similar activities. By registering for a cosmetology service, you consent to and authorize a third party or service professional selected through the Site to photograph you upon the completion of your service. You further consent to third parties or service professionals using photographs of you to expand their portfolio and waive any right of publicity to photographs taken by third parties or service professionals selected through the Site. You retain the right to refuse third parties or service professionals selected through the Site to use your name or other personal identifying information when using photographs of you.
DISCLAIMER. WHILE PROJECT BELLE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, PROJECT BELLE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE. PROJECT BELLE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. PROJECT BELLE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.
LIMITATION OF LIABILITY. You expressly absolve and release Project Belle and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from a cause beyond Project Belle’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL PROJECT BELLE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROJECT BELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PROJECT BELLE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROJECT BELLE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
INDEMNITY. You agree to defend, indemnify, and hold harmless Project Belle and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.
COPYRIGHT INFRINGEMENT Copyrights and Designated Agent For Notification of Claims of Infringement. Project Belle respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Project Belle ' Designated Agent with a written notice of copyright claims and should be directed to Project Belle ' designated agent as specified below.
A written notice of copyright claims must include the following information:
GOVERNING LAW. This TOU makes up the entire agreement between Project Belle and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, will govern this TOU.
SUBMISSIONS OF REVIEWS. In order for you to submit your own reviews and ratings on the Site, you acknowledge and agree that:
(a) all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the service professionals you are reviewing; or (ii) as provided under SERVICE professionalS section above, an individual and that individual's actual first-hand experience with a health care or wellness professional whereby you have the legal authority to disclose such health information and experience of such individual;
(b) all of your reviews and ratings of the service professionals that you are rating will be accurate, truthful and complete in all respects;
(c) You do not work for, own any interest in, or serve on the board of directors of, any of the service professionals for which you submit reviews and ratings;
(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the service professionals for which you submit reviews and ratings;
(e) You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the service professional is an individual) to any of the service professionals for which you submit reviews or ratings; and
(f) Your name and review information will be made available to the service professionals on which you review.
COMPLAINT RESOLUTION PROCESS. If you have a dispute with a service professional, you may request Project Belle’s assistance in communicating with that service professional about your desired resolution (the “Complaint Resolution Process” or the “CRP”). You may request to participate in the CRP through our Site or by contacting a customer care representative. You then will be requested to complete and return to Project Belle certain documentation relating to your complaint. Shortly thereafter, a member of our CRP Team will contact you to obtain additional information and understand your desired resolution. The CRP Team then will contact the service professional to explain your complaint and desired resolution and to ask the service professional to respond in writing within a reasonable timeframe.
If the service professional agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, Your review regarding the service professional will be removed, and you will have the opportunity to submit updated feedback about your experience. If the service professional responds but does not resolve the matter as described above, your feedback shall remain unchanged.
Your participation in the CRP is at Project Belle’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published on our Site. For complaints involving health care professionals, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the service professional to discuss the issue with us.
The CRP is not a legal forum and Project Belle does not, at any time, become a party to your dispute with the service professional. Project Belle is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a service professional, Project Belle encourages you to consult with an attorney. Project Belle does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution. You agree that, by offering the CRP, Project Belle does not waive any of its disclaimers or limitations of liability, including without limitation those set forth above under SERVICE professionalS, DISCLAIMER, and LIMITATION OF LIABILITY. UPDATES. Project Belle may at any time revise this TOU by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS TOU, YOU MUST NOT USE THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS TOU AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.