PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CUT ONCE. In these Terms, the words "including" and "include" mean "including, but not limited to."
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CUT ONCE. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. CUT ONCE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Definition of the Services
The Services comprise of the Site (www.dashstylists.com), mobile Applications, and (which may include online chats, telephone, and/or other communication) (collectively, the "Services"), which serve as a communications platform that enables users to arrange and schedule on-demand and in-home beauty services, including, but not limited to, haircuts, hair styling, cosmetology, and related barber and grooming services (collectively, the "Beauty Services") with third party beauty service providers (each, a "Stylist" or "Provider").
CUT ONCE acts as an access platform to a network of beauty services providers and as a booking service provider between you and these beauty services providers. CUT ONCE does neither deliver beauty services, nor define the features of the services presented on the website and applications. Each Stylist is responsible for defining its own Beauty Services, prices and fares.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN BEAUTY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH CUT ONCE AS A PROVIDER OF BEAUTY, COSMETOLOGIST, GROOMING OR BARBER SERVICES.
YOU ALSO ACKNOWLEDGE THAT YOU CAN NOT WALK OR DRIVE TO A SALON AND THAT YOU MUST REQUIRE THE SERVICES OF A LICENSED BEAUTY PROFESSIONAL TO COME TO YOUR HOUSE.
The Services are made available solely for your personal, noncommercial use.
The Site, App, and Services are currently available only to individuals who are legally in the jurisdiction of the United States. If you reside outside the United States, the Services are not yet available to you.
Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, or (ii) registered, or currently required to register, as a sex offender with any government entity.
Relationship with Stylists
The purpose of the Site and App is to provide you access to various beauty Stylists who travel to you to provide Beauty Services. Each Stylist sets his or her own rates for Beauty Services. Such Beauty Services will be provided in your home, at your place of work, or some other place that you designate.
After selecting a desired Stylist, you use the Site or App to book such Stylist to provide Beauty Services (each, a "Booking"). Payment for the Beauty Services must be made at the time of Booking; Bookings are not final until such payment is made. During Booking, you will also select the location where the Stylist will perform the Beauty Services.
You acknowledge and agree that CUT ONCE does not take part in the interaction between you and Stylists. The terms of any relationship or interaction between you and the Stylist are dictated solely by you and such Stylist; CUT ONCE takes no part in such relationship or interaction. CUT ONCE simply provides a venue where you may connect with Stylists. You understand and agree that CUT ONCE does not have control over the quality, timing, legality or any other aspect whatsoever of the Beauty Services actually delivered by the Stylist; nor does CUT ONCE control the integrity, responsibility or actions of the Stylists. CUT ONCE makes no representations about the suitability, reliability, timeliness, and accuracy of the Beauty Services provided by Stylists. CUT ONCE does not assume any responsibility for the accuracy or reliability of any information provided by Stylists on the Site, App or otherwise. CUT ONCE is not responsible for the conduct, whether online or offline, of any Stylist or other user of the Site or App. You agree to hold harmless CUT ONCE (including CUT ONCE's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") from the acts and omissions of, and/or Beauty Services provided by, each Stylist with whom you connected using the Site or App. CUT ONCE expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from such acts and omissions of, and/or Beauty Services provided by, each Stylist with whom you connected using the Site or App.
You further acknowledge and agree that you are solely responsible for your own actions with respect to Stylists. You agree to conduct yourself responsibly, ethically, and in a professional manner during the provision of all Beauty Services. You agree to indemnify, defend and hold harmless CUT ONCE and its Affiliates from your acts and omissions with respect to each Stylist from which you obtain Beauty Services.
COVID-19 Safety Policy and Measures (update June 2020)
Without limiting the requirements and responsibilities set forth above, all recipients acknowledge and agree that the use of our service, as a customer or as a service provider, include a recipient's responsibility for taking all appropriate health, safety and hygiene measures to protect yourself and other users from the spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions, including without limitation by following all steps set forth in DASHSTYLISTS COVID-19 Safety Policy set forth at https://www.dash-stylists.com/en/page/safety-gear-and-protocols (the "Safety Policy").
DASHSTYLISTS may update or supplement this Safety Policy from time to time, including to respond to or incorporate additional or updated guidance from Government or Official Health Organizations, so you must check the Safety Policy frequently and comply with the most recent version of the Safety Policy at the time of your appointment.
For more information on how to keep your home safe, please review the WHO and/or CDC"Ës guidance.
DASHSTYLISTS cannot, and does not, guarantee any services or conditions or take any responsibility or liability for (a) a user's failure to provide safe, healthy, and sanitary services or accommodations for the services, (b) unsafe, unhealthy, or unsanitary conditions even If the Safety Policy is followed, or (c) any spread or potential spread of infectious diseases or conditions or any other unhealthy, unsafe, or unsanitary conditions resulting from use of the Services in any manner.
Third Party Services and Content
The Services and all rights therein are and shall remain CUT ONCE's property or the property of CUT ONCE's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except as otherwise provided herein); or (ii) to use or reference in any manner CUT ONCE's company names, logos, product and service names, trademarks or services marks or those of CUT ONCE's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by CUT ONCE; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You should monitor children's use of the Internet. CUT ONCE is intended for people 18 or over. CUT ONCE will not knowingly collect any information from children under 13. You must identify your age during the registration process. CUT ONCE takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site or the App. Should we determine that you provided any false information to us when using this Site or the App, your membership will be terminated immediately.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to CUT ONCE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by CUT ONCE. You agree to maintain accurate, complete, and up-to-date information in your Account, especially your home address. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by CUT ONCE in writing, you may only possess one Account.
User Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services from Stylists unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, especially the laws and regulations concerning the use of mobile beauty professionals services. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Stylist or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls
You agree that CUT ONCE may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from CUT ONCE at any time, either by texting the word "STOP" using the mobile device that is receiving the messages, or by contacting us by any means. If you do not choose to opt out, CUT ONCE may contact you as outlined in its User Privacy Statement, located at www.dash-stylists.com/privacy
User Provided Content
CUT ONCE may, in CUT ONCE's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CUT ONCE through the Services textual, audio, and/or visual content and information, including pictures, commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to CUT ONCE, you grant CUT ONCE a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and CUT ONCE's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant CUT ONCE the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor CUT ONCE's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CUT ONCE in its sole discretion, whether or not such material may be protected by law. CUT ONCE may, but shall not be obligated to, review, monitor, or remove User Content, at CUT ONCE's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. CUT ONCE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You must provide us with a valid payment method supported by CUT ONCE as a condition to booking an appointment with a Stylist, including free promotional services CUT ONCE may arrange from time to time as part of the Services. By providing us with your credit card number and associated payment information, you agree that CUT ONCE is authorized to invoice your Account for all fees and charges due and payable to us and that no additional notice or consent is required. You agree to immediately notify CUT ONCE of any change in your billing address or the credit card used for payment hereunder.
Your agreement with your payment provider (the "Payment Provider Agreement") governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You may purchase Beauty Services, cosmetic and lifestyle products by following the directions provided by the Services.
If you order an in-home beauty service or any product or service, you agree to pay the Stylist the then-current applicable service fee listed in the Services or the website of our third party as linked to/from the Site or Application.
We will, and you authorize us to, automatically bill your credit card submitted in booking an appointment on the date the appointment is booked; additionally, we will, and you authorize us to, automatically bill your credit card each time you book an appointment or order a product thereafter. Except as provided below, all payments to the Stylist are nonrefundable except in the event the Stylist, or we, cancel your appointment. For details of permissible refunds, see "Cancellations" below.
Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. You agree to pay all costs, including, but not limited to, reasonable attorney's fees, in connection with any collection efforts to recover unpaid amounts due hereunder.
Cancellation & Refund
- If the client cancels the booking more than 24 hours before the start time of the scheduled appointment he/she is refunded 100% off the deposit/amount.
- If the client cancels within 24 hours but at least 2 hours before the time of appointment the client will be refunded only 50% of the amount paid.
- if the client cancels less than 2 hours before the time of appointment there will be no refund, the client will be charged the full list price
- Rescheduling requests are free of charge if received by DashStylists at least 2 hours prior to appointment time
- Rescheduling requests received within 2 hours prior to appointment time will result in a fee of 50% of the list price
Cancellation and Modification requests must be sent to DashStylists Customer Care Service.
We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis ("Promo Codes"). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official CUT ONCE communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights
We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.
Your Responsibilities As The Recipient of In-Home Beauty Services
As the recipient of in-home Beauty Services provided by Stylists, you agree to assume certain responsibilities. When you book an appointment, you agree to comply with any rules or requirements of the Stylist applicable to any Beauty Service(s) purchased in your State or City and that you are made aware of, including as part of any confirmation email (the "Requirements"). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where our Stylists are invited to perform their services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for our Stylists to perform their jobs (all as determined in each of our Stylist's sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (c) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our Stylists are present. If you have pets, you agree to confine all of your pets to a room where our Stylists will not be working. If you have a child or children under the age of thirteen (13), you agree that childcare (provided by someone other than you and our Stylist) will be present. This is important as the Stylist will have equipment that can harm a child and our Stylist will be focused on you. Stylists reserve the right to terminate or refuse to provide their services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a Stylist feels unsafe or uncomfortable with her in-home work environment or conditions for any reason. You understand, acknowledge and agree that Stylists are not employees or agents of CUT ONCE, but are independent contractors who operate business enterprises separate and distinct from CUT ONCE.
You also agree that if you were to notice that the appointed Stylists are not fit to fulfill the service you booked, or the outcome of the service is not the one that you were expecting, you have to give notice to the Stylists and to CUT ONCE right away, before or at the end of the booked service. Claims received hours or days after the service will not be taken into account.
If you are utilizing in-home Beauty Services in the state of Florida, you represent that the purpose of your request for the Services is in connection with: the motion picture, fashion photography, theatre or TV industry; photography studio salon work, i.e., hair arranging and cosmetics in preparation for a photo session; a special event, e.g. wedding, fashion show or other similar event; a trade show demonstration or educational seminar; or because of ill health you are unable to go to a licensed salon. If you are utilizing in-home Beauty Services in the state of California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live demonstrations about products as well as potential purchase of products.
Rights and Licenses
License to Use the Website
We grant you a non-transferable, non-exclusive, right to access and use the Site and the Services for your personal use.
License to Use Application
We grant you a non-exclusive, non-transferable right to access and use the Services and a non-exclusive, non-transferable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to the terms of this Agreement. Use of the Application is also subject to the provisions of the section entitled "Acceptable Use Policy."
The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services, Site or App; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
We reserve the right, at any time, to modify, suspend, or discontinue your access to the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Services or any part thereof, except and if otherwise expressly set forth in Section entitled "Term and Termination."
No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Applications, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement.
"User Content" means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence, including, but not limited to, Facebook, Twitter, LinkedIn, SnapChat and Instagram (collectively "SNS Pages"). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not CUT ONCE), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and CUT ONCE may delete User Content at any time and for any reason or no reason. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following sets forth our "Acceptable Use Policy", with which you expressly agree to be bound: You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if, we determine in our sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section entitled "Term and Termination" and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental requests; (ii) enforce this Agreement; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of CUT ONCE, its users, employees or the public, and all law enforcement or other government officials, as CUT ONCE in its sole discretion believes to be necessary or appropriate.
If you provide us any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Non-Solicitation; Prohibited Use
You acknowledge that CUT ONCE has expended substantial time and effort locating and recruiting the Stylists and has a legitimate protectable interest in retaining the services of such Stylists. Accordingly, you agree that during your use of the Site, App or Services, and for a period of one (1) year after termination, regardless of reason, you will not solicit or engage any Stylist you learned of through the Site or App for the provision of Beauty Services.
The Site, the App and the Services may not be used by any person or organization to recruit, solicit, or contact in any form Stylists for employment or contracting for a business not affiliated with CUT ONCE without express written permission from CUT ONCE. Should CUT ONCE find that you violated the terms of this paragraph or any terms stated herein, CUT ONCE reserves the right, at its sole discretion, to immediately terminate your use of the Site, the App and the Services and/or assess a $10,000 daily penalty fee for misappropriating, either in a manual or automatic manner, Stylists information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site of App content, including but not limited to, use on a "mirrored", competitive, or third party site or app.
Third Party Sites, Advertising and Other Users
Third Party Sites, Ads and Ad Networks
The Site and/or App might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.
Each Service user is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
When you download our Applications, you may do so through Apple Corporation's App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store or Apple. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its terms. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
- You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between CUT ONCE and Apple, CUT ONCE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, any Stylist, other Service users or Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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."
THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY STYLISTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A STYLIST MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE (OR OUR SUPPLIERS), OR STYLISTS YOU BOOKED WITH THE SERVICES (ESPECIALLY BEAUTY STYLISTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF OUR STYLISTS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU'VE PAID CUT ONCE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
User can ask for the termination of this agreement as far as the user has no pending invoice with CUT ONCE. The termination may apply has soon has all due payments will be done.
Regarding our Site, Applications and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. ÃÂ§ 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. ÃÂ§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
CUT ONCE, LLC
2674 Brookwood DR NE
Atlanta , GA 30305
Changes to Agreement.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation, enforceability and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or the Stylists or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Consumer Arbitration Rules (which can be found here: https://www.adr.org/Rules ) ("Rules").
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (g) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Atlanta, Georgia in order to maintain the status quo pending arbitration, and hereby agrees to submit to the exclusive personal jurisdiction of the courts located within Atlanta, Georgia solely for such purpose. This shall not be deemed to include disputes regarding the interpretation, enforceability and scope of this arbitration provision and/or the arbitrability of any controversy, dispute, demand, count, claim, or cause of action, which disputes shall be resolved exclusively by the arbitrator. A request for interim measures will not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. In any case in which the dispute is initiated or pursued as a class, collective or representative action, and any part of either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of subpart (a) or (b) that is enforceable shall be enforced in arbitration. Any dispute or claim not covered by this arbitration provision as described herein must be exclusively brought in state or federal court in Atlanta, Georgia.
For more information on AAA, its Rules, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
Choice Of Law.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Georgia, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
Copyright/Trademark Information. Copyright ÃÂ© 2021 CUT ONCE. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
INDEPENDENT CONTRACTOR AGREEMENT FOR PROFESSIONAL BEAUTICIANS COLLABORATING WITH DASHSTYLISTS
This Independent Contractor ("Agreement") is made as of this day (the "Effective Date"), by and between Cut Once, LLC d/b/a DashStylists ("DashStylists"), and the Subscriber ("Stylist").
WHEREAS, DashStylists operates a website (the "Site") and mobile application (the "Application" or "App"), which serve as a communications platform (the Site and App being collectively referred to as the "Platform") that enables online users (each, a "User") to arrange and schedule on-demand and in-home beauty services, including, but not limited to, haircuts, hair styling, cosmetology, nail services, make up services and related barber and grooming services with third party beauty service providers (each, a "Service Provider"); and
WHEREAS, Stylist is the provider to users of haircuts, hair styling, cosmetology, barber and/or other grooming services (collectively, the "Beauty Services"), and is desirous of being listed on DashStylists' Site and Application as a Service Provider of Beauty Services; and
WHEREAS, DashStylists is willing to list Stylist as a Service Provider on DashStylists' Platform, conditioned upon Stylist's agreement to and compliance with the terms and conditions of this Agreement.
THEREFORE, in consideration of the premises and mutual promises contained herein, the Parties agree as follows:
Listing on Platform. Subject to the terms and conditions of this Agreement, DashStylists agrees to list Stylist, and Stylist agrees to be listed, on DashStylists' Platform as a Service Provider for the provision of various Beauty Services. In connection therewith, Stylist agrees to each of the following:
- Registration; Profile. As a condition to being listed on the Platform, Stylist shall register as a Service Provider through the Site. During the registration process, Stylist will be required to create a personal profile (the "Profile") that shall include, at a minimum, each of the following: (a) Stylist's name, (b) Beauty Services offered, and (c) pricing for such Beauty Services (d) an availability of 1 day per week. Stylist is responsible for providing accurate, current and complete information in connection with his or her registration. DashStylists is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Platform.
- Content. Stylist is solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that Stylist publishes or displays (hereinafter, "post") on the Platform, or transmits to other users of the Platform. Stylist will not post on the Platform, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Stylist will not provide inaccurate, misleading or false information to DashStylists or to any other user of the Platform.
- License Grant. By posting Content to any public or member area of the Platform, Stylist automatically grants, and Stylist represents and warrants that Stylist have the right to grant, to DashStylists, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Stylist further represents and warrants that public posting and use of Stylist Content by DashStylists will not infringe or violate the rights of any third party.
- Disclaimers by DashStylists. Opinions, advice, statements, offers, or other information or content made available on the Platform, but not directly by DashStylists, are those of their respective authors. Such authors are solely responsible for such content. DashStylists does not: (a) guarantee the accuracy, completeness, or usefulness of any information on or available through the Platform, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or available through the Platform. Under no circumstances will DashStylists or its Affiliates be responsible for any loss or damage resulting from: (y) Stylist's reliance on information or other content posted on the Platform or transmitted to or by any user of the Platform; or (z) reviews or comments made about Stylist on the Platform by other users.
- Denied scheduled appointment or otherwise fail to provide Beauty Services agreed to in accordance with Section 2.1 (each, a "Missed Appointment"), then DashStylists shall be entitled to withhold from future Fees due Stylist hereunder one half (1/2) of the Fees that Stylist would have earned on such Missed Appointment and to remove Stylist from its websites and platforms.
- Stylist Effort. During and throughout the term of this Agreement, Stylist will devote such attention and energies (as deemed necessary by Stylist) to carry out, fulfill, and perform the duties and responsibilities under the terms of this Agreement. Stylist shall be free to conduct other business as he or she sees fit, including setting and managing its individual engagements and sequence of doing business and to pursue other business activities, provided such business endeavors do not interfere with Stylist's performance pursuant to this Agreement. Stylist shall be solely responsible for Stylist's own business planning and profitability. If poor business planning or judgment is implemented, Stylist acknowledges it could experience a loss.
- Engagement. Although User's engagement of Stylist (if any) will be accomplished through the Platform, the ultimate contractual relationship for provision of Beauty Services will be between User and Stylist. Stylist acknowledges and agrees that DashStylists shall be an express third party beneficiary to such contract.
- Compliance with Laws. Stylist's use of the Platform, including, but not limited to, the Content Stylist posts thereon, shall be in accordance with any and all applicable laws and regulations. Additionally, Stylist agrees to act in a professional, courtesy, and otherwise lawful manner at all times while providing Beauty Services and/or while on a User's premises. Stylist shall not engage in any harassing, abusive, discriminatory or other unethical behavior while interacting with Users and/or providing Beauty Services. User complaints about a Stylist's behavior while performing Beauty Services may result, at DashStylists' sole discretion, in an immediate termination of this Agreement and Stylist's Profile listing. Stylist agrees that he or she shall be solely responsible for, and shall indemnify, defend and hold harmless DashStylists from, any claims made by a User regarding Stylists performance of Beauty Services and/or interaction with such User.
Relationship Between the Parties. The parties understand and agree that this Agreement does not create a fiduciary relationship between them, that Stylist shall be an independent contractor, and that nothing in this Agreement is intended to make either party an agent, legal representative, subsidiary, joint venturer, partner, employee, or servant of the other party for any purpose whatsoever. Stylist shall be responsible for (i) supplying its own equipment, tools and materials; (ii) setting Stylist's work hours; (iii) paying his or her business and travel expenses; (iv) ensuring the Stylist's efforts are profitable; (v) providing its own place of business; (vi) paying all of Stylist's taxes, including, but not limited to, FICA, FUTA, SUTA, unemployment insurance, and federal or state personal income tax; and (vii) maintaining its own workers' compensation insurance.
Employment Matters; Disclaimer. DashStylists disclaims any responsibility for User's selection of Stylist to perform Beauty Services, and Stylist understands and agrees that the decision to engage or hire any particular Stylist is made solely by the User. Additionally, DashStylists disclaims, and Stylist agrees to hold DashStylists harmless from, any and all employment-related claims that may arise related to Stylist's performance of Beauty Services to the User, including, but not limited to, claims related to hiring, firing, employment practices, unemployment benefits, discrimination, harassment, wrongful discharge, overtime, or violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (the "ADA"), the Fair Labor Standards Act ("FLSA"), or the Family and Medical Leave Act ("FMLA") (collectively, the "Claims"). Stylist shall assert any such Claim(s) solely against the User.
- Confidential Information. Stylist acknowledges that he or she may through his or her relationship with DashStylists come into possession of certain confidential information and trade secrets of DashStylists, including, but not limited to, DashStylists' customer information, policies and procedures, personnel procedures, employee information, employee records, computer software and hardware, and other private, and/or proprietary information relating to DashStylists' business affairs which is not generally known to the public and was developed and/or is maintained by DashStylists during its course of business. Stylist acknowledges that said Confidential Information is vital to DashStylists' continued success and that it is necessary for the protection of DashStylists' legitimate business interests that this information remains strictly confidential. Stylist further acknowledges that all Confidential Information is the sole and exclusive property of DashStylists and protectable by law. Accordingly, Stylist agrees that during the term of this Agreement and for a period of three (3) years thereafter, he, she or it shall hold all such Confidential Information obtained completely and strictly confidential, and agrees not to use, disclose, furnish, copy, scan, duplicate, or distribute, in whole or in part, any such information, or share any proprietary and/or other relative information, except as necessary to carry out the duties hereunder. Should this Agreement or Stylist's relationship with DashStylists be terminated for any reason, Stylist agrees to immediately return all trade secrets and/or Confidential Information to DashStylists
- Disclosure. If Stylist is compelled as a matter of law to disclose any such Confidential Information, Stylist agrees to promptly notify DashStylists so that DashStylists may seek a protective order or take other appropriate action with respect to such disclosure; and Stylist will cooperate with DashStylists' efforts to obtain such protective order or other reasonable assurance that confidential treatment will be accorded such Confidential Information. If any such protective order is not obtained, Stylist may disclose to the party or authority compelling such disclosure such part of such information as is required by law to be disclosed. Stylist will immediately refer to DashStylists (without further comments or response) all contact DashStylists, questions, and requests for information, from analysts, reporters, or otherwise, regarding DashStylists or this Agreement.
- Non-Solicitation. Stylist agrees that during the term of this Agreement and for a period of one (1) year following the expiration or termination hereof (regardless of the reasons for termination), Stylist shall not solicit, engage with, accept employment from, or transact any business with, or attempt to solicit, engage with, accept employment from, or transact any business with, directly or by assisting others, any User with which Stylist became acquainted through the parties' relationship or through this Agreement.
- Remedies. Stylist acknowledges and agrees that any breach of this Section 5 would give rise to irreparable injury to DashStylists and/or DashStylists' customers and Users. Accordingly, Stylist agrees that should he, she or it breach this Section 5, or should any such breach appear imminent, then DashStylists shall have the right to seek and obtain all appropriate injunctive relief and other remedies thereof, in addition to any other rights and remedies that may be available at law. Stylist further agrees that DashStylists shall be entitled, without limitation or exclusion to any other remedy sought and/or obtained, to any and all legal and equitable remedies afforded by law. DashStylists shall further be entitled to recover from Stylist all reasonable attorneys' fees and costs incurred by it in enforcing the terms of this Agreement. Further, Stylist agrees that the existence of any claim by him, her or it against DashStylists or its owners, whether predicated on this Agreement or otherwise, shall not constitute a defense to enforcement by DashStylists of any or all of such provisions of Section 5.
- Termination. Either party may terminate this Agreement, with or without cause, at any time upon thirty (30) days' written notice to the other party. In addition, DashStylists may terminate this Agreement immediately and without prior written notice if (a) a User terminates a particular engagement under which Stylist is providing services; (b) Stylist is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of DashStylists or the User; (c) is guilty of serious misconduct in connection with performance hereunder; or (d) materially breaches provisions of this Agreement.
- Representations and Warranties by Stylist. Stylist represents and warrants to DashStylists that each of the following: (a) Stylist's performance of the duties hereunder does not and will not result in a breach of any duty owed by Stylist to another, under contract or otherwise, or violate any confidence of another; (b) Stylist has not executed any prior non-competition, non-disclosure, or confidentiality agreements that would in any way affect Stylist's work for DashStylists; (c) Stylist is solely responsible for paying, has paid, and in the future will pay, to appropriate taxing authorities all taxes (including, but not limited to, state and federal unemployment, Social Security, FICA, payroll, state and federal income, or self-employment taxes) levied upon or associated with the commissions paid to Stylist by DashStylists pursuant hereto; (d) Stylist, in rendering his, her or its duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which he, she or it does not have a proprietary interest; (e) Stylist is responsible for maintaining and does maintain worker's compensation and general liability insurance; and (f) all representations and warranties contained in this Agreement (and in any certificate or other instrument delivered on behalf of any party pursuant hereto or in connection with the transactions contemplated hereby) are true in all material respects on and as of the date so made, will be true in all material respects on and as of the date on which the transactions contemplated hereby are closed, and will survive such date regardless of any investigation made by or on behalf of any party.
- Attorneys' Fees. If suit is brought by any party to this Agreement to enforce the terms of this Agreement or obtain any money damages or equitable relief for breach, the prevailing party shall be entitled to recover, in addition to any other available remedy, reimbursement for reasonable attorneys' fees, court costs, costs of investigation, and other related expenses.
- Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
- Choice of Law; Choice of Forum. The parties expressly agree that this Agreement was entered into in the State of Georgia. Accordingly, this Agreement shall be governed by and construed and interpreted in accordance with the substantive law of the State of Georgia applicable to agreements made and to be performed entirely within such state, including all matters of enforcement, validity and performance. Any dispute arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Fulton County, Georgia.
- Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
- Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:
If to Stylist: Address given in subscription
If to DashStylists: DashStylists, LLC, 2674 Brookwood Drive, Atlanta, Georgia 30305
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
Entire Agreement; Modification. This Agreement contains the entire understanding and agreement between the parties relating to the subject matter hereof, and supersedes any prior agreement between the parties. Neither this Agreement nor any provision hereof may be waived, modified, amended, changed, discharged or terminated, except by an agreement in writing signed by the parties against whom enforcement of such waiver, modification, change, amendment, discharge or termination is sought.
Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.