These Terms of Service apply upon use, access of the Salonhome Services which are; Salonhome links, website and mobile applications (collectively, the “Salonhome services”). By accessing, browsing, crawling, scraping or in any way using the Services, You agree to the Terms set forth in this User Agreement, the Salonhome Privacy Policy and all other guidelines or policies referenced herein (collectively, the “User Agreement”).

The Salonhome Services: Salonhome is a platform that powers the services and businesses of beauty and other professionals (collectively or individually, the “Professionals”) and facilitates interaction with clients seeking such beauty services [hair, nail, spa and makeup] and Professionals (collectively or individually, the “Customers”). Such Professionals and Customers are both users of the Salonhome Services and may be collectively or individually referred to herein as “Users”.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. General Terms 
   1. Agreement. This Agreement is a binding legal agreement between the users and the applicable Salonhome, Inc. indicated below (“Salonhome”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and Salonhome are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.

The Agreement also includes our privacy policy which explains how we collect and use information that is submitted to the services.  By using the services, you are indicating that you have read the privacy policy and have agreed to its terms.  

This Agreement applies to any use of the Services, whether in connection with a paid subscription or a free trial. 

1. Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will become effective when we post a modified version of the Agreement to https://www.salonhome.com/#/terms-and-conditions  (or such other URL as specified by Salonhome), as may be updated by Salonhome from time to time, and we agree the changes will not be retroactive. If we make any material changes to the Agreement, we’ll also notify you within the Software Service or by sending you an email. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services.  It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement. The legend at the top of the Agreement indicates when it was last changed.
2. Supplemental Terms. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to the service with which it applies.

1. Services 
   1. Access and Service Levels. Salonhome will make the Services to which you have subscribed available to you, subject to the terms and conditions of this Agreement. 
   2. Changes to Services: We reserve the right to suspend any Services in connection with a Force Majeure event (as described in Section–)if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time. If we make any material changes to any Salonhome services, we will notify you by sending you an email. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services.
   3. User Accounts: To use some of the features on the Site, You may be required to create an account and provide information about Yourself to Us. You are exclusively responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason. There are two types of accounts:

(a) “Client Account “ is an account for Your personal, non-commercial use only. In creating a Client Account, We ask that You provide complete and accurate information about Yourself to bolster Your credibility as a contributor to the Site. You may not impersonate or provide an email address other than Your own, or create multiple Client Accounts.

(b) “Professional Account” is an account to be used solely for the purpose of representing You or Your business on the Site. In creating or updating a Professional Account, You must be an authorized representative of the business in question, and You must provide complete and accurate information about Yourself and the business You represent. You may not provide an email address that is not Your own or create multiple Professional Accounts for the same business. Your Professional Account accepts these terms. It will hold harmless and indemnify Us from any claim, suit or action arising from or related to the use of the Site or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. Additional terms associated with a Professional Account are further set forth in this “SalonHome User Agreement”, which, additional terms, applicable to all Professional Accounts, are incorporated herein by reference.

You must have the requisite power and authority to enter into this User Agreement in order to use this Site. If You are between the ages of 14 to 18 years old, You must have consent and be under the supervision of Your parents before creating or using a Personal Account. You may not access or use the Site if: (1) You believe You are a competitor of Ours, (2) We deem You as a competitor of Ours, or (3) We have previously banned You from the Site. If You use the Site on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to the this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, SalonHome may, at its sole discretion, elect to terminate Your account. 

1. Third Party Offerings. Although the Services may allow you to access or use Third Party Offerings, they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third-Party Offerings through the Services does not imply Salonhome’s endorsement of or affiliation with the provider. Salonhome does not control Third-Party Offerings and will have no liability to you or Affiliates in connection with any Third-Party Offerings. Salonhome has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third-Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting Salonhome to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY OFFERINGS).
2. Payment Processing: Salonhome offers the ability to process payments through the Services (“Payment Processing Services”). Payment Processing Services are provided by our third-party payment processing partners as Third-Party Offerings and any procurement by you or your Affiliates will be subject to a separate merchant agreement which will be solely between you (or your Affiliate) and the third-party processor. If you use Payment Processing Services (PSP) you agree that you and your Affiliates will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such Payment Processing Services

Professionals may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The PSP Account Agreement and Terms of Service between Professionals and the PSP retained by the Company are available at https://stripe.com/docs/connect/updating-accounts#tos-acceptance (collectively, the “PSP Agreement”), which may be modified by the PSP from time to time. By accepting these Terms of Use, each Professional agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any Professional under the PSP Agreement.

Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payments from the Client for Styling Services and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.

Salonhome works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.

1. Your Responsibilities 
   1. Liability for Affiliates and End Users. You are responsible for all activity occurring under or relating to your account, including, but not limited to, your staff, employees, consultants, advisors, independent contractors, and End Users. You will ensure that your Affiliates and End Users comply with relevant provisions of this Agreement, including any Supplemental Terms and acceptable use policies provided or made available by Salonhome, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use, as appropriate, by Affiliates and/or End Users, and any act or omission of an Affiliate or End User that does not comply with this Agreement will be deemed a breach of this Agreement by you. You are also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.
      1. Data; Unauthorized Access; Maintaining Networks. You will: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data; (b) prevent unauthorized access to, or use of, the Services, and notify Salonhome promptly of any unauthorized access or use; and (c) have sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services.
      2. Restrictions on Use. You and your Affiliates and End Users will not: (i) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (iii) attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement; (iv) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs; (v) restrict or inhibit any other person or entity from using the Services; (vi) remove any copyright, trademark or other proprietary rights notice from the Services; (vii) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (viii) systematically download and store Services content; or (ix) use the Services to send unsolicited electronic messages (aka spamming); or (x) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (x) above, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of any Website, Salonhome grants to the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Salonhome reserves the right to revoke these permissions at any time and without notice.
         1. Cardholder Data. You are solely responsible for any liability resulting from your or any Affiliate’s handling of Cardholder Data. You agree that you and Affiliates will comply with PCI DSS anytime the Services are used to process credit cards.

You will keep all user names and passwords confidential.

1. User Names and Passwords. Salonhome may reject or require that you change any user name or password under your account. User names and passwords are for internal business use only and may not be shared with any third party, including any competitor of Salonhome. You, and not Salonhome, are responsible for any use or misuse of user names or passwords associated with your account.
2. Consent. You are responsible for ensuring you have obtained the requisite level of consent necessary from End Users when utilizing the Services, including, but not limited to, the automated marketing products.
3. Unauthorized or/and illegal use: We may (i) decide not to authorize or settle any transaction that you submit to us, (ii) refund a payment, or (iii) terminate your Account if we believe in our sole discretion that the transaction and/or your Account is in violation of these Terms of Service or any other Salonhome agreement, or that it exposes Professionals, other Salonhome Users, the PSP or Salonhome to harm. Harm includes, but is not limited to, fraud and other criminal acts, as determined by Salonhome in its sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement. We may also request information (including, but not limited to, information about services rendered, identity verification and copies of applicable professional licenses) from you at any time for any reason or no reason as part of internal ongoing reviews of transactions and accounts on our Services, and in particular, to assist in investigations of suspicious transactions and/or accounts. You hereby agree to provide us with such information and assistance in a timely manner and acknowledge that payment processing in connection with a suspicious transaction and/or account may be delayed until such transaction and/or account has been cleared by Salonhome, in its sole discretion. If you do not comply with Salonhome’s request for information and assistance pursuant to this Section (xv), Salonhome reserves the right to prohibit you from processing any additional payments through the Services until you have provided such requested information and assistance and are cleared by Salonhome If your access to or use of the Services has been restricted or terminated by Salonhome, you may not register a new Salonhome account or attempt to access and use the Services through the Salonhome account of another User.

1. Intellectual Property Rights 
   1. Salonhome Intellectual Property. Salonhome or its affiliates own all right, title and interest in and to the Services, the Salonhome Data and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement, Salonhome and its affiliates reserve all rights, title and interest in and to the Services, the Salonhome Data and Aggregated Data, including, without limitation, all related intellectual property rights. As between you and Salonhome, all Salonhome Marks are owned by Salonhome, Inc. You agree not to display or use any Salonhome Marks in any manner without Salonhome’s express prior written permission. Any trademarks, service marks and logos associated with a Third-Party Offering may be the property of the third-party provider, and you should consult with their trademark guidelines before using any of their marks.

1. Data Ownership and Use
   1. Your Data. As between you and Salonhome, you own all right, title and interest in Your Data. You hereby grant to Salonhome a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license and right to copy, distribute, display and perform, publish, prepare derivative works of and otherwise use Your Data for the purposes of providing, improving and developing Salonhome’s or its affiliates’ products and services and/or complementary products and services of our partners. You represent and warrant to Salonhome use of Your Data through and in connection with the Services does not violate any applicable laws or rights of any third party.
   2. Salonhome Data. All right, title and interest in any data or information collected by Salonhome independently and without access to, reference to or use of any of Your Data, including, without limitation, any data or information Salonhome obtains about End Users through the Salonhome App (whether the same as Your Data or otherwise), will be solely owned by Salonhome (collectively, “Salonhome Data”).
   3. Personal Information. 

Our Privacy Policy governs how we collect and use personal information that is submitted through the Services. By accessing or using the Services, you agree to that you have read and accept our Privacy Policy. Without limitation, you acknowledge and agree that Salonhome may process Your Data for the purpose of providing the Services and related functions, such as billing and customer or End User support, as well as to send direct marketing communications to your representatives’ or End Users, data science and product or service improvement and reporting. You represent and warrant that You are authorized to process Your Data and make such data available to Salonhome for uses as set out in the Agreement and Privacy Policy, including through appropriate notice, consent and by your referring individuals, such as End Users, to our Privacy Policy (notwithstanding Salonhome’s ability and right, to which You agree, to request consent, and provide notice and its Privacy Policy separately to individuals).

1. HIPAA. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes rules to protect certain personal health information or “PHI” as that term is defined under HIPAA. If you or any Affiliate is subject to HIPAA and providing or processing any PHI in connection with the Services, prior to accessing or using the Services you must notify Salonhome and enter into a Business Associate Agreement (“BAA”) in the form provided by Salonhome. You are solely responsible for determining whether you or any Affiliates are subject to HIPAA. You may send notice and request a BAA by submitting a Support Request form at https://salonhome.com/#/contact-us or send us an email at support@salonhome.com 
   1. Unauthorized Disclosure. If either Party believes that there has been a disclosure of Your Data in a manner not authorized under this Agreement, such Party will promptly notify the other Party. Additionally, each Party will reasonably assist the other Party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
      1. Data-Related Disputes. You are solely responsible for resolving disputes regarding ownership or access to Your Data, including those involving any current or former owners, co-owners, employees, Affiliates (former or current), or contractors of your business. You acknowledge and agree that Salonhome has no obligation whatsoever to resolve or intervene in such disputes.

1. Confidential Information 
   1. A Party will not disclose or use any Confidential Information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement; (b) with the other Party’s prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (c) was independently developed by a Party without breach of any obligation owed to the other Party; or (d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section 6 will restrict Salonhome with respect to Salonhome Data or Aggregated Data.

1. Term, Termination and Suspension 
   1. Term. Unless otherwise specified in an Order Form, the initial term of this Agreement is ––––––-days (“Initial Term”). The Initial Term begins on the Effective Date and, unless otherwise specified in an Order Form, automatically renews in successive and consecutive thirty (30) day periods (each a “Renewal Term” and collectively with the Initial Term, the “Subscription Term”) until this Agreement is properly terminated. Either Party may terminate this Agreement for any reason or no reason, by giving the other Party at least thirty (30) days’ notice before the end of the relevant Subscription Term. If you elect to terminate this Agreement early, you will remain responsible for payment of all fees owed for the entire Subscription Term and will continue to be charged each month for the remainder of the Subscription Term.
   2. Termination for Cause. Salonhome may terminate this Agreement and/or any subscription, effective immediately upon notice to you, if you or an Affiliate are in material breach of this Agreement. Upon termination, you must immediately pay any unpaid Subscription Fees associated with the remainder of the Subscription Term. In no event will any termination relieve you of your obligation to pay any fees payable to Salonhome, Inc. for the period prior to the effective date of termination.
   3. Right to Terminate or Suspend Services. We may suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe (a) that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to Salonhome or any third party, (b) that we are required to do so by law, or (c) where the Parties do not agree on the use of a sub-processor.

1. Indemnification 
   1. You agree to indemnify, defend, and hold harmless the Salonhome Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to: (a) any actual or alleged breach by you, an Affiliate or End User of any provisions of this Agreement; (b) any access to or use of the Services by you, an Affiliate or End User; (c) any actual or alleged violation by you, an Affiliate or End User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party regarding ownership of or access to Your Data.

1. Warranties and Disclaimer 
   1. Accuracy of Your Account Information. You agree to provide Salonhome with complete and accurate account information, including your legal company name, street address, e-mail address, bank account, and such other information as may be requested by Salonhome (collectively, “Account Information”). You are responsible for the accuracy and timely updating of Account Information, and you agree to promptly notify Salonhome in writing if any Account Information changes. You agree that Salonhome has no responsibility or liability whatsoever for any loss or damages caused, either directly or indirectly, by inaccurate Account Information.
      1. Warranty of Functionality. Salonhome warrants to you that during a Subscription Term: (a) the services purchased will perform materially in accordance with the functionality described on the website and (b) such functionality will not be materially decreased. Your sole and exclusive remedy for a breach of this warranty will be that Salonhome will use commercially reasonable efforts to modify the applicable Services to achieve the functionality described above. If Salonhome is unable to restore such functionality, you may terminate the Agreement by providing written notice to Salonhome, and you will be entitled to receive a pro-rata refund of any pre-paid fees. This warranty will only apply if the applicable subscribed Services have been utilized in accordance with this Agreement and applicable laws. 

THE SERVICES AND ALL SITE AND MOBILE APPLICATION CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. SALONHOME MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF PROFESSIONAL OR BUSINESS REVIEWS AND INFORMATION LISTED ON THE SITE AND/OR (3) THE PRODUCTS, SPACES AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, SPACES AND SERVICES SOLD BY PROFESSIONALS LISTED ON THE SITE. SALONHOME FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SALONHOME OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. SALONHOME DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS OR PROFESSIONAL INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF SALONHOME OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. SALONHOME FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. SALONHOME ALSO DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE PROFESSIONALS, BUSINESSES, ADVERTISERS OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH PROFESSIONALS, BUSINESSES, ADVERTISERS AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH SALONHOME RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SALONHOME’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, INJURIES OR CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SALONHOME IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $1.00.

Professional and Business Account such as hair, nails, barber, makeup, spa, fitness and photography on the Site are solely responsible for their interactions with You and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by You as a result of Your interaction with or visit to any Professional or Business Account, whether online or physical location(s), or from any product or service of any Professional or Business Account. You hereby release SalonHome from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims You may have against SalonHome pertaining to the subject matter of this Section 10.

1. Miscellaneous 
   1. Governing Law. This Agreement will be governed by and interpreted in accordance with the internal laws of the State of Delaware without regard to conflicts of laws principles. The Parties do not intend for this provision to negate or limit any provision of this User Agreement, nor of any other agreement between the Parties, that requires (1) mediation, arbitration or other non-judicial dispute resolution procedure; nor (2) non-binding action to attempt to resolve a dispute by agreement, such as (such as) escalation of the dispute to higher levels of the Parties’ managements; early neutral evaluation; negotiation; and/or remediation.
   2. Mandatory Informal Dispute Resolution. If you have any dispute with Salonhome arising out of or relating to this Agreement, you agree to notify Salonhome in writing with a brief, written description of the dispute and your contact information, and Salonhome will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.
   3. Arbitration Agreement: ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SALONHOME, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE ABOVE SECTIONS  WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND SALONHOME AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction.

In any action to enforce any right or remedy under this User Agreement or to interpret any provision of this User Agreement, the prevailing Party shall be entitled to recover its costs, including reasonable attorneys’ fees.

1. Entire Agreement. This Agreement, together with any Order Forms and any terms and policies that are incorporated into this Agreement by reference (including by reference to a URL), constitute the entire agreement and supersede any prior agreements between you and Salonhome with respect to the subject matter hereof. This Agreement supersedes and replaces all prior and contemporaneous agreements, proposals or representations, written or oral, between Salonhome, on the one hand, and you or any Affiliate, on the other hand.
2. Assignment. You may not assign, delegate or transfer this Agreement in whole or in part, without Salonhome’s prior written consent. Salonhome may assign, transfer or sublicense any or all of Salonhome’s rights or obligations under this Agreement without restriction.
3. Force Majeure. Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Salonhome’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.