TaperFade Technologies, LLC.
Terms of Service for Clients
Updated: May 9, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN SQUĪR 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 LIIMITING 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 TaperFade Platform is protected by intellectual property laws, including without limitation copyright laws and trademark laws, and international treaties. Unauthorized reproduction or distribution of the Services or the TaperFade Platform, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
TaperFade is a platform that provides a marketplace for clients (Clients or you) seeking grooming services (Grooming Services) by connecting Clients with barbers and/or grooming professionals (collectively, "Professionals") providing Grooming Services. The Professionals and Clients are both users of the Services provided by TaperFade and are hereinafter referred to collectively as "Users."
TaperFade solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Grooming Services. TaperFade does not provide or contract for Grooming Services, and Professionals and Clients contract independently for the provision of Grooming Services. Each Client is solely responsible for selecting the Professional, the Grooming Services to be provided and the location at which Grooming Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Grooming Services or by a Professional to provide Grooming Services is a decision made in such person's sole discretion.
TaperFade does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Grooming Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. TaperFade makes no representations or warranties whatsoever with respect to Grooming Services offered or provided by Professionals 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 Professional. You understand that TaperFade does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. TaperFade 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 Grooming Services or Professionals’ identity on the TaperFade Platform. TaperFade does not assume any responsibility for the accuracy or reliability of this information or any information provided on or through the TaperFade Platform.
Although the Services are intended to provide each Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled.
TaperFade cannot guarantee availability of the Services to any User.
As a Client, you agree that any amounts charged for Grooming Services (Charges) are mandatory and due and payable immediately upon completion of such services. Charges include applicable fees for Grooming Services, plus any tips to the Professional that you elect to pay, and applicable taxes and other applicable fees. Grooming Service fees are set by Professionals and are set forth on the applicable Professional’s TaperFade page. In the event that you cancel Grooming Services less than 1 hours before such services are to be performed, make repeated and frequent cancellations, show up to receive Grooming Services more than 10 minutes after such services are scheduled to begin or fail to show up for your Grooming Services you agree to pay a Cancellation Fee, if applicable. Each Professional’s Cancellation Fee, if any, is set forth on such Professional’s TaperFade page. We may also assess a Disruption Fee against you if we suspect that you have intentionally cancelled Grooming Services to disrupt the Services or the provision of Grooming Services.
In connection with using the TaperFade Platform to receive Grooming Services you are required to enter credit card or other payment information. By entering your payment information when requested, you authorize TaperFade and payment processors to charge and process assessed Charges, Cancellation Fees or Disruption Fees. While TaperFade takes what we believe to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, TaperFade is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
TaperFade facilitates the payment transaction per these Terms of Service between you and each Professional, but is not responsible for mediating any resulting disputes. TaperFade has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by TaperFade, in each case in TaperFade’s sole discretion.
Payment Processing Services
Part of the functionality of the Services allows Clients to pay and Professionals to accept payments for Grooming Services, including card-based payments initiated with cards bearing the trademarks of various credit or debit card companies (collectively, the "Networks"). TaperFade is not a bank and does not offer banking services as defined by the United States Department of Treasury. TaperFade facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the Services, using the payment information you have supplied.
Credit Card Authorization
Upon addition of a new payment method, TaperFade may seek authorization of your selected payment method for verification purposes to ensure that the cost of Grooming Services will be covered and protect against unauthorized behavior. The authorization is not a charge. However, it may reduce your available credit by the authorization amount until your applicable Network’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or non-sufficient funds charges by the institution issuing your debit or credit card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing institution.
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).
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 or suffered as a result of you 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 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 TaperFade to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to TaperFade and/or grant TaperFade 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 TaperFade to pay any fees or making TaperFade subject to any usage limitations imposed by such third party service providers. By granting TaperFade access to any Third Party Accounts, you understand that TaperFade 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 any friend lists, mutual friends lists, following/followed lists and liked lists (the "SNS Content"), so that it is available on and through the TaperFade 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 TaperFade Platform. Please note that if a Third Party Account or associated service becomes unavailable or TaperFade’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the TaperFade Platform. At your request made via e-mail to firstname.lastname@example.org, TaperFade will deactivate the connection between the TaperFade Services and any of your Third Party Accounts and delete any applicable information stored on TaperFade’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. TaperFade makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and TaperFade is not responsible for any SNS Content.
The Services may contain links to third party websites that are not owned or controlled by TaperFade. TaperFade has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TaperFade will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve TaperFade from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services.
Termination of Accounts
Right to Terminate
TaperFade 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 TaperFade Platform and the Services if you (i) have violated the terms of this Agreement, any other agreement you have with TaperFade, or TaperFade’s policies or (ii) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in dishonest, fraudulent or illegal conduct.
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, (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 TaperFade 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.
We 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 Charges, Cancellations fees or other fees or costs accrued prior to the termination and any other amounts owed by you to us or any of the Professionals as provided in this Agreement.
TaperFade is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release TaperFade from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify TaperFade of any Fraudulent Actions, which may affect the Services. TaperFade 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.
Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not TaperFade) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid Grooming Services and special offers such as rebates and coupons and for any disputes or related issues. The Professionals shall be responsible for making available to Clients any terms and conditions applicable to such Professional's loyalty program.
By signing up for the Services or referring your friends to the Services or by engaging in other activities via the Services, you may be able to receive "Rewards." "Rewards" are points awarded to a Client by TaperFade that may be applied as credits toward future purchases of Grooming Services or other products made by Clients via the TaperFade Platform. Rewards have no cash value and may only be redeemed via the TaperFade Platform. TaperFade may, at any time or for any reason, change or modify the amount of Rewards awarded for activities relating to the Services and the amount of Rewards required for redemption for eligible Grooming Services or products. In addition, the scope, variety, and type of Grooming Services and products that you may obtain by redeeming Rewards may change at any time.
Rewards can be accrued solely by a Client and a Client may not earn Rewards by permitting another individual to use his/her Account. Rewards accrued in multiple Accounts may not be combined into one Account. You may not earn Rewards by creating multiple Accounts. By acquiring Rewards, you agree and acknowledge that TaperFade is granting you a limited, revocable license to a digital item, and that Rewards are not your personal property. You may not obtain any cash or money in exchange for Rewards from any third-party. Except as explicitly provided herein, Rewards are nontransferable. Clients are responsible for keeping track of the Rewards in their Accounts.
Rewards may only be redeemed via the TaperFade Platform and you may only redeem Rewards after the Rewards are reflected in your Account. Subject to applicable law, all Rewards expire six (6) months from the date following the last credit or debit of Rewards to your account. If for some reason you believe that there is a discrepancy regarding your balance of Rewards, please contact us at email@example.com. We may require to you to submit additional information in order to make a determination regarding your Rewards balance. All decisions regarding your Rewards balance will be final and at TaperFade’s sole discretion. You are responsible for any tax consequences, if any, that may result from your redemption or use of Rewards.
Without limiting any other terms of these Term of Service and subject to applicable law, all Rewards shall be forfeited if your Account is terminated or suspended for any reason, in TaperFade’s sole discretion, or if TaperFade discontinues providing the Services.
By becoming a User, you expressly consent and agree to accept and receive communications from us or the Professionals, including via e-mail, text message, calls, and push notifications to the cellular telephone number or e-mail address, as applicable, you provided to us. By consenting to being contacted by TaperFade or the Professionals, 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 TaperFade, its affiliated companies and/or Professionals, including but not limited to: reminders in connection with Grooming Services, operational communications concerning your Accounts or use of the TaperFade Platform or Services, updates concerning new and existing features on the TaperFade Platform, communications concerning promotions run by us or our third party partners, and news concerning TaperFade 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 firstname.lastname@example.org. 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 TaperFade Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the TaperFade 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 TaperFade shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. TaperFade 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 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 content or information through the Service, it means that everyone, including people outside of the TaperFade 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 TaperFade, 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 TaperFade safe and spam free, but can't guarantee it. With respect to your use of the TaperFade Platform and receipt of Grooming Services, you agree not to:
· impersonate any person or entity;
· stalk, threaten, or otherwise harass any person;
· carry any weapons;
· violate any law, statute, ordinance or regulation;
· interfere with or disrupt the Services or the TaperFade Platform or the servers or networks connected to the TaperFade Platform;
· post or transmit information or interact on the TaperFade Platform in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
· use the TaperFade Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
· post, e-mail or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the TaperFade Platform;
· frame or mirror any part of the TaperFade Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
· modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the TaperFade Platform or any software used on or for the TaperFade Platform;
· rent, lease, lend, sell, redistribute, license or sublicense the TaperFade Platform;
· use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the TaperFade Platform or its contents;
· link directly or indirectly to any other web sites;
· transfer or sell your Account or Account ID to any other party; or
· cause or facilitate any third-party to engage in the restricted activities above.
To make sure we are able to provide the Services you agree to:
· keep your Registration Data and contact information accurate and up-to-date.
· keep your payment information accurate and up-to-date.\
· keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
You should not share any protected health information with 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 TaperFade that is protected by copyright, trademark, patent, trade secret and other laws. TaperFade 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 " TaperFade Property"). You may not copy, modify, or reverse engineer any part of the Services or the TaperFade Property.
In order to operate the Services, TaperFade needs to make certain use of your publicly posted content. Therefore, by posting, uploading or submitting to TaperFade, or making available for inclusion in publicly accessible areas of TaperFade, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant TaperFade a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such 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 TaperFade and will terminate at the time such Content is removed from the Services by you or by TaperFade.
You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. TaperFade reserves the right to remove or change any images without notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
TaperFade reserves the right to remove any Content from the TaperFade Platform, at its sole discretion.
TaperFade respects the intellectual property of others. TaperFade may, at its discretion, disable and/or terminate the Accounts of Users who TaperFade, 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 provide the following information to TaperFade’s copyright agent via email to email@example.com:
[if !supportLists]12. [endif]Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF GROOMING SERVICES. SQUĪR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. SQUĪR IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY USER OR OTHER PARTIES.
LOCATION DATA PROVIDED BY THE SQUĪR 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 SQUĪR, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA DISPLAYED BY THE SQUĪR PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE SQUĪR PLATFORM MAY BE ACCESSIBLE TO SQUĪR AND CERTAIN USERS OF THE SQUĪR PLATFORM.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR GROOMING 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 SQUĪR PLATFORMM OR THROUGH THE SERVICES OR GROOMING SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER SQUĪR'S CONTROL (SUCH AS THIRD PARTY SERVERS). SQUĪR 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. SQUĪR 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.
SQUĪR 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.
SQUĪR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF GROOMING SERVICES OFFERED OR PROVIDED BY PROFESSIONALS 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 PROFESSIONAL.
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 SQUĪR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
[if !supportLists]13. [endif]Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SQUĪR 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 SQUĪR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) GROOMING 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.
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.
SQUĪR EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE SQUĪR IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY GROOMING SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE SQUĪR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF GROOMING SERVICES OR OTHERWISE.
You agree to defend, indemnify and hold harmless TaperFade 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) Grooming 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 Grooming 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.
TaperFade 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 TaperFade shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TaperFade agree to submit to the personal and exclusive jurisdiction of the courts located within the City of New York, New York.
Any failure of TaperFade 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 TaperFade 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 filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.