last edition: 09 April 2022
Welcome to BEAUTAP, a website located at www.BEAUTAP.com (the “Site”) and operated by BEAUTAP Inc., (“BEAUTAP”, “us”, “our”, and “we”). BEAUTAP provides the Site and mobile applications (the “Applications”) to facilitate on-demand and in-home beauty services (collectively, with the Site and Applications, the “Services”). Your use of the Services is also subject to any additional terms, conditions, and policies that we separately post on the Services or provide to you, and any agreements that you have separately executed with BEAUTAP (“Supplemental Terms”), including without limitation our COVID-19 Safety Policy. All Supplemental Terms are incorporated by reference into this Agreement. Additionally, for the avoidance of doubt, if you are a service provider who has executed a Membership Services Agreement (“Member Agreement”), the terms of that Member Agreement will control and supersede this Agreement with respect to the subject matter of such Member Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE MOST DISPUTES BETWEEN US.
PLEASE NOTE THAT THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF SERVICE PROVIDERS AND CLIENTS FOR THE PURPOSES OF ARRANGING IN-HOME BEAUTY SERVICES WITH EACH OTHER THROUGH THE SERVICES, BUT YOU AGREE THAT BEAUTAP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. BEAUTAP CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) OR THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY APPOINTMENTS OR ACCOMMODATIONS. BEAUTAP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL APPOINTMENTS AND ACCOMMODATIONS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND, AMONG OTHER THINGS, CLIENTS MUST SATISFY THEMSELVES WITH ANY SERVICE PROVIDER AND THEIR SERVICE PROVIDER’S CREDENTIALS, AND SERVICE PROVIDERS MUST SATISFY THEMSELVES WITH CLIENTS AND THE CLIENTS'S ACCOMODATIONS. USERS SHOULD NOT COMPLETE AND SHOULD IMMEDIATELY CANCEL APPOINTMENTS IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE APPOINTMENT IN ANY WAY. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO OBTAIN IN-HOME BEAUTY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH BEAUTAP AS A PROVIDER OF BEAUTY SERVICES.
Account Creation. To use certain features of the Services, you must register for an account with us (your "Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you should not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use our Services if you have been previously removed by BEAUTAP, or if you have been previously barred from any of the Services.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by our payment provider) (“Payment Provider”) as a condition to making an appointment with a service provider, including free promotional hair, nail, and makeup services BEAUTAP may arrange from time to time as part of the Services.
Cancellation of Appointments. You may cancel any appointment in accordance with our cancellation policy set forth at http://BEAUTAP.com/faq/. We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will receive a refund, unless BEAUTAP is able to book another service provider acceptable to you during the time scheduled for your appointment. If service providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees prepaid for such an appointment.
Supplemental COVID-19 Cancellation Policy. In addition to the cancellation rights set forth in the BEAUTAP cancellation policy set forth at http://BEAUTAP.com/faq/, you must cancel an appointment through the Services if you have a cough, fever, or other symptoms of COVID-19, if you have tested positive or COVID-19, or if you feel unwell and may do so at any time until the start time of the appointment without any penalty. BEAUTAP reserves the right to revise or update this supplemental cancellation policy at any time, including to cover other pandemics or illnesses.
Both clients and service providers should also be aware that the other party to an appointment is required to cancel the appointment in accordance with this Supplemental COVID-19 Cancellation Policy and may do so at any time. BEAUTAP cannot guarantee replacements for such cancellations and does not take any responsibility or liability for, or in connection with, any cancelled appointments or any results thereof.
If BEAUTAP discovers that you, whether a client or a service provider, has abused this supplemental cancellation policy, BEAUTAP has the right to, immediately, without notice, and in its sole discretion, suspend or terminate your Account.
As the recipient of in-home beauty services provided by service providers, you agree to assume certain responsibilities. When you book an appointment, you agree to comply with any rules or requirements of the service provider applicable to the service purchased 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 service providers 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 service providers to perform their jobs (all as determined in each of our service provider’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 service providers are present. If you have pets, you agree to confine all your pets to a room where our service providers will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and our service provider) will be present. This is important as the service provider will have equipment that can harm a child and our service provider will be focused on you. During the COVID-19 pandemic, you agree that, to the extent possible, no other individuals will be present in the space for the entirety of your appointment. Service providers 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 service provider feels unsafe or uncomfortable with the in-home work environment or conditions for any reason. You understand, acknowledge, and agree that service providers are not employees or agents of BEAUTAP, but are independent contractors who operate business enterprises separate and distinct from BEAUTAP.
COVID-19 Safety Policy. Without limiting the requirements and responsibilities set forth above, all recipients acknowledge and agree that the Requirements include a recipient's responsibility for taking all appropriate health, safety and hygiene measures to protect yourself and any service provider 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 BEAUTAP's COVID-19 Safety Policy set forth at https://BEAUTAP.zendesk.com (the “Safety Policy”). BEAUTAP may update or supplement this Safety Policy from time to time, including to respond to or incorporate additional or updated guidance, 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's guidance. While the Safety Policy sets the minimum requirements for the receipt of in-home beauty service appointments made through the Services, there is no substitute for common sense, and BEAUTAP 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.
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.
Ownership; Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
License to Use Application. We grant you a non-exclusive, non-transferable right 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 use, subject always to the terms of this Agreement.
Certain Restrictions. 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; (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.
Modification. 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.
Trademarks. BEAUTAP's stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of BEAUTAP and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
User Content. “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 (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 BEAUTAP), 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 User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License. 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 sublicenses 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”:
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).
Enforcement. 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 BEAUTAP, its users, employees or the public, and all law enforcement or other government officials, as BEAUTAP in its sole discretion believes to be necessary or appropriate.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), then you grant us a perpetual, royalty-free, transferable, sublicensable, worldwide license to 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.
To the fullest extent permitted by law, 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 in an unauthorized manner; (b) your User Content; (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; or (e) your violation of any of the Requirements. 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.
Third Party Services
Third Party Sites, Apps and Ads. The Site might contain links to third party websites, applications, services, and advertisements for third parties (collectively, “Third Party Sites, Apps & Ads”). Such Third-Party Sites, Apps & Ads are not under our control, and we are not responsible for any Third-Party Sites, Apps & Ads. We provide these Third-Party Sites, Apps & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, Apps & Ads. You use all Third-Party Sites, Apps & Ads at your own risk. When you link to a Third-Party Site, App & 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, Apps & 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.
Other Users. Each Service user is solely responsible for all their 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.
Interactions with Other Users
Users (whether clients or service providers) are solely responsible for their interactions with each other (including, in the case of clients, Interactions with service providers, and in the case of service providers, Interactions with clients), and any other parties with whom such user interacts; provided, however, that BEAUTAP reserves the right, but has no obligation, to intercede in disputes. You agree that BEAUTAP will not be responsible for any liability incurred as the result of such interactions including without limitation any result of receiving or not receiving any in-home beauty services through or in connection with the Services. YOU UNDERSTAND THAT BEAUTAP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR EVALUATE THE CREDENTIALS OF ANY USER. BEAUTAP ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. BEAUTAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, CONDITIONS OR ACCOMMODATIONS FOR RECEIVING OR PROVIDING SERVICES, OR ANY USERS' COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. BEAUTAP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 SERVICE PROVIDERS OR PRODUCTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE. YOU AGREE THAT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING THE IN-HOME BEAUTY SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE IN-HOME BEAUTY SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH IN-HOME BEAUTY SERVICES. YOU ASSUME FULL RESPONSBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR IN PERSON. YOU UNDERSTAND THAT BEAUTAP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. BEAUTAP DOES NOT GUARANTEE OR WARRANT ANY EXPERT’S PERFORMANCE IN THE APPOINTMENT OR QUALITY OF THE IN-HOME BEAUTY SERVICES.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (AND OUR SUPPLIERS), OR THE SERVICE PROVIDERS, 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 OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, OR LOSS OF DATA RESULTING THEREFROM.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS 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 BEAUTAP 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.
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 the provisions will terminate except those that by their nature should survive.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site 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. A repeat infringer is any user for whom we have received two or more takedown notices (however, we reserve the right to terminate any user who submits infringing content at any time).
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BEAUTAP and limits the way you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with BEAUTAP, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or BEAUTAP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Waiver of Jury Trial. YOU AND BEAUTAP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BEAUTAP are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to:
Severability. Except as provided in the “Waiver of Class or Other Non-Individualized Relief” subsection, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with BEAUTAP.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if BEAUTAP makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing BEAUTAP at the following address: 468 North Camden Dr Suite 200 PMB, 97931 Beverly Hills, CA 90210, USA.
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any material 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 Services. Any changes to this Agreement will be effective upon posting on the Services, or the date identified in the email or notice (if later). You are responsible for providing us with your most current e-mail address. If 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 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.
Electronic Communications. The communications between you and BEAUTAP may take place via electronic means, whether you visit the Services or send BEAUTAP e-mails, or whether BEAUTAP posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from BEAUTAP in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BEAUTAP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at:
Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Notice. Where BEAUTAP requires that you provide an e-mail address, you are responsible for providing BEAUTAP with your most current e-mail address. If the last e-mail address you provided to BEAUTAP is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, BEAUTAP’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to BEAUTAP at the following address: Beautap Inc. 468 North Camden Dr Suite 200 PMB, 97931 Beverly Hills, CA 90210, USA. Such notice shall be deemed given when received by BEAUTAP by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Entire Agreement. 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 with 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. We may freely assign this Agreement. The terms of this Agreement will be binding upon assignees.
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