SalonServices.net is comprised of the internet
sites
www.atkins-diets-online.com (the "SalonServices.net
Sites"), provides the information and services on
SalonServices.net Sites to you, the user, conditioned upon
your acceptance, without modification, of the terms and
conditions of use ("Terms") contained herein. Your use of
SalonServices.net Sites constitutes agreement with such Terms.
Before using SalonServices.net Sites, please
carefully read this agreement relating to your use
of SalonServices.net Sites. By using
SalonServices.net Sites, you agree to be bound by
these terms and conditions. If you do not agree to
these terms and conditions, please do not use
SalonServices.net Sites.
SalonServices.net reserves the right, at SalonServices.net's
sole discretion, to change, modify, add or remove portions of
these Terms periodically. Such modifications shall be
effective immediately upon posting of the modified agreement
to the website unless provided otherwise (e.g., when
implementing major, substantive changes, SalonServices.net
intends to provide users with up to fourteen days of advance
notice). Your continued use of the SalonServices.net Sites
following the posting of changes to these Terms will mean that
you accept those changes.
Use of SalonServices.net Sites
constitutes full acceptance of and agreement to the
Terms; if a user does not accept SalonServices.net's
Terms, he or she is not granted rights to use
SalonServices.net Sites as defined herein, and
should refrain from accessing SalonServices.net
Sites.
SalonServices.net reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, any or all
SalonServices.net Sites (or any part thereof).
SalonServices.net shall not be liable to any user or
other third party for any such modification,
suspension or discontinuance except as expressly
provided herein.
By using SalonServices.net Sites, you
warrant to SalonServices.net that you will not use
SalonServices.net Sites, or any of the content obtained from
SalonServices.net Sites, for any purpose that is unlawful or
prohibited by these Terms. If you violate any of these Terms,
your permission to use the SalonServices.net Sites
automatically terminates.
The SalonServices.net Sites are owned and
operated by SalonServices.net for the purpose of software
development, discussion, implementation and innovation (the
"Purpose"). The SalonServices.net Sites provide products and
services for the health & fitness industry, specifically the
commercial indoor sunlamp tanning industry.
All information, data, text, software, music,
sound, photographs, graphics, video, messages, or any other
materials whatsoever (collectively, "Content"), whether
publicly posted or privately transmitted, is the sole
responsibility of the person from whom such Content
originated. This means that the user, and not
SalonServices.net, is entirely responsible for all Content
that he or she uploads, posts, emails or otherwise transmits
via the SalonServices.net Sites. No user shall transmit
Content or otherwise conduct or participate in any activities
on SalonServices.net Sites that, in the judgment of
SalonServices.net, is likely to be prohibited by law in any
applicable jurisdiction, including laws governing the
encryption of software, the export of technology, the
transmission of obscenity, or the permissible uses of
intellectual property.
SalonServices.net reserves the right to refuse or delete any
Content of which it becomes aware and reasonably deems not to
fulfill the Purpose. In addition, SalonServices.net shall have
the right (but not the obligation) in its sole discretion to
refuse or delete any Content that it reasonably considers to
violate the Terms or be otherwise illegal. SalonServices.net,
in its sole and absolute discretion, may preserve Content and
may also disclose Content if required to do so by law or
judicial or governmental mandate or as reasonably determined
useful by SalonServices.net to protect the rights, property,
or personal safety of SalonServices.net Sites' users and the
public. SalonServices.net does not control the Content posted
to the SalonServices.net Sites and, as such, does not
guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will SalonServices.net be liable in any
way for any Content, including, but not limited to, liability
for any errors or omissions in any Content or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via
SalonServices.net Sites.
Each
user, by using SalonServices.net Sites, may be exposed to
Content that is offensive, indecent or objectionable. Each
user must evaluate, and bear all risks associated with the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
Use, reproduction, modification, and other
intellectual property rights to data stored on the
SalonServices.net Sites will be subject to licensing
arrangements that may be approved by SalonServices.net as
applicable to such Content.
Content
located on any SalonServices.net-hosted subdomain which is
subject to the sole editorial control of the owner or licensee
of such subdomain, shall be subject to the appropriate license
applicable to such Content, or to such other licensing
arrangements as may be approved by SalonServices.net as
applicable to such Content.
You agree not to sell, resell, or offer for
any commercial purposes, any portion of the SalonServices.net
Sites, use of the SalonServices.net Sites, or access to the
SalonServices.net Sites.
SalonServices.net may establish general
practices and limits concerning use of the SalonServices.net
Sites. While SalonServices.net will use reasonable efforts to
back up site data and make such data available in the event of
loss or deletion, SalonServices.net has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other Content maintained or
transmitted by any SalonServices.net Site. SalonServices.net
reserves the right to mark as "inactive" and archive accounts
and/or Content that are inactive for an extended period of
time. SalonServices.net reserves the right to change these
general practices at any time, in its sole discretion, with
notice to users and the public as described in Section 1
above.
SalonServices.net, any SalonServices.net Site
or a third party may provide links to other websites.
SalonServices.net exercises no control whatsoever over such
other websites and web-based resources and is not responsible
or liable for the availability thereof or the Content,
advertising, products or other materials thereon.
SalonServices.net shall not be responsible or liable, directly
or indirectly, for any damage or loss incurred or suffered by
any user in connection therewith. Your access and use of
linked websites, including information, material, products and
services therein, is solely at your own risk.
The
SalonServices.net Sites' Privacy Statement is applicable only
when you are on an SalonServices.net Site. Once you choose to
link to another website, you should read that website's
privacy statement before disclosing any personal information.
Each user shall indemnify, defend and hold
harmless SalonServices.net, and its parent corporation and
affiliates and their respective officers, employees and
agents, and each of SalonServices.net's website partners, from
any and all claims, demands, damages, costs, and liabilities
including reasonable attorneys' fees, made by any third party
due to or arising out of that user's acts or omissions,
including claims arising out of that user's use of the
SalonServices.net Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH
USER'S USE OF THE SalonServices.net SITES IS AT HIS OR HER
SOLE RISK. THE SalonServices.net SITES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND SalonServices.net ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION
SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SalonServices.net
EXPRESSLY DISCLAIMS 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 NON-INFRINGEMENT. SPECIFICALLY, SalonServices.net
MAKES NO WARRANTY THAT (i) THE SalonServices.net SITES OR ANY
SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER
ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET
HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF
SalonServices.net'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
SalonServices.net SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF SalonServices.net HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO
USE ANY SalonServices.net SITES OR SERVICES THEREON; THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SalonServices.net SITES; OR
ANY OTHER MATTER RELATING TO THE SalonServices.net SITES. IN
NO EVENT SHALL SalonServices.net'S TOTAL CUMULATIVE LIABILITY
TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR
OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN
AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR
FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN
SalonServices.net AND ANY USER OR OTHER PERSON OR ENTITY NOR
DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS
NOTED ABOVE, SalonServices.net DOES NOT AND CANNOT CONTROL THE
ACTIONS OF SalonServices.net SITE USERS, VISITORS OR LINKED
THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE
THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE
DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO
SalonServices.net SITES. OPERATION OF SalonServices.net SITES
MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE
OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS
WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY
TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET,
WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR,
NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SalonServices.net.
SalonServices.net respects the intellectual
property rights of others, and requires that the people who
use the SalonServices.net Sites do the same. It is our policy
to respond promptly to claims of intellectual property misuse.
If
you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent with the
following information in writing:
(1)
the electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's
behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be
infringing and information reasonably sufficient to permit
SalonServices.net to locate the material, including the full
URL.
(4)
your name, address, telephone number, and email address.
(5) a
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;
(6) a
statement, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or are authorized to act on the copyright
owner's behalf.
If
SalonServices.net receives such a claim, SalonServices.net
reserves the right to refuse or delete Content as described
under Section 5 hereto, or to terminate a user's account in
accordance with Section 9.
Our
designated agent to receive notification of claimed
infringement under the Digital Millennium Copyright Act OF
1998 ("DMCA") is Rick Houston, 400 Shearer Blvd, Cocoa, FL
32922
After
receiving a claim of infringement, SalonServices.net will
process and investigate notices of alleged infringement and
will take appropriate actions under the DMCA and other
applicable intellectual property laws. Upon receipt of notices
complying or substantially complying with the DMCA,
SalonServices.net will act expeditiously to remove or disable
access to any material claimed to be infringing or claimed to
be the subject of infringing activity, and will act
expeditiously to remove or disable access to any reference or
link to material or activity that is claimed to be infringing.
SalonServices.net will take reasonable steps to expeditiously
notify the subscriber that it has removed or disabled access
to such material.
Upon
receipt of a proper counter notification under the DMCA,
SalonServices.net will promptly provide the person who
provided the initial notification of claimed infringement with
a copy of the counter notification and inform that person that
it will replace the removed material or cease disabling access
to it in ten (10) to fourteen (14) business days.
Additionally, SalonServices.net will replace the removed
material and cease disabling access to it ten (10) to fourteen
(14) business days following receipt of the counter notice,
unless SalonServices.net's designated agent first receives
notice from the person who submitted the initial notification
that such person has filed an action seeking a court order to
restrain the subscriber from engaging in infringing activity
relating to the material on the SalonServices.net system or
network.
You
may provide us with a counter notification by providing our
copyright agent the following information in writing:
(1)
your physical or electronic signature;
(2)
identification of the material that has been removed or to
which access has been disabled, and the location at which the
material appeared before it was removed or access to it was
disabled, including the full URL;
(3) a
statement under penalty of perjury that you have 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)
your name, address, and telephone number, and a statement that
you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located, or if
your address is outside of the United States, for any judicial
district in which SalonServices.net may be found and that you
will accept service of process from the person who provided
the initial notification of infringement.
The Terms constitute the entire agreement
between each user and SalonServices.net and govern each user's
use of SalonServices.net Sites, superseding any prior
agreements. Each user may be subject to additional terms and
conditions that may apply when that user uses affiliate
services, third party content or third party software. The
Terms and the relationship between each user and
SalonServices.net shall be governed by the laws of the State
of California without regard to its conflict of law provisions
and each party shall submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa
Clara, California . If any provision of the Terms is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in
full force and effect.
Please report any violations to
info@salonservices.net
