TERMS AND CONDITIONS

Terms of Service for CLIENTS

Last updated: June, 2023

AGREEMENT TO OUR LEGAL TERMS

WE ARE JC FAMOSA INC, DOING BUSINESS AS SHE(“Company”, “we”, “us”, “our”), a company registered in California, United States at Los Angeles.

We operate the website shesguide.com (the “Site”),the mobile application SHE(the “APP”), as well as any other related products and services that refer or link to these legal terms(the “Legal Terms”) (collectively, the “Services”). 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and JC Famosa Inc, concerning your access to and use of Services. You agree that by accessing the Services, you have read, understand, and agreed to be bound by all of these Legal Terms. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN Shesguide.com AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASE AND PAYMENTS
  6. POLICY
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. GUIDELINES FOR REVIEWS
  11. MOBILE APPLICATION LICENSE
  12. THIRD-PARTY WEBSITES AND CONTENT
  13. SERVICES MANAGEMENT 
  14. PRIVACY POLICY
  15. TERM AND TERMINATION
  16. MODIFICATIONS AND INTERRUPTIONS
  17. GOVERNING LAW
  18. DISPUTE RESOLUTIONS 
  19. CORRECTIONS 
  20. DISCLAIMER
  21. LIMITATIONS OF LIABILITY
  22. INDEMNIFICATION
  23. USER DATA
  24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  25. ADVERTISERS 
  26. MISCELLANEOUS
  27. CONTACT US

1. The Shesguide.com Services

Shesguide.com is a platform that connects salons, medspa, stylists and professionals (collectively or individually, “Professionals”) providing beauty treatments, hair, and other health and wellness services (“Beauty Treatment Services”) with clients seeking such services (“Clients” or “you”). The Professionals and Clients are both users of the Services provided by Shesguide.com and are hereinafter referred to collectively as “Users.”

Shesguide.com solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Beauty Treatment Services. Shesguide.com does not provide or contract for Beauty Treatment Services, and Professionals and Clients contract independently for the provision of Beauty treatment Services. Each Client is solely responsible for selecting the Professional, the Beauty Treatment Services to be provided and the location at which Beauty Treatment Services will be performed, whether on the premises of a Professional or at a site designated by the Client. When Professionals create accounts with Shesguide.com, Professionals certify to Shesguide.com that they are a licensed professional, or if the Professional is a salon, medspa or other business entity, that each of such Professional’s employees, independent contractors or agents who are providing Beauty Treatment Services are licensed professionals, are legally able to provide the Beauty Treatment Services they offer to Clients on our Website, and that their business information is correctly represented on Shesguide.com. However, any decision by a Client to receive Beauty Treatment Services or by a Professional to provide Beauty Treatment Services is a decision made in such person’s sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.

In addition, Shesguide.com does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Treatment Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Shesguide.com makes no representations or warranties whatsoever with respect to Beauty Treatment Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. Shesguide.com reserves the right to remove or hide any incorrect, out of date, or illegal information from any profile, as well as remove or hide entire profiles at any time. You understand that Shesguide.com does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Shesguide.com does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Beauty Treatment Services on the Services. Shesguide.com does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, Shesguide.com may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not Shesguide.com conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client’s needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

Although the Services are intended to provide a Professional’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled. Shesguide.com cannot guarantee availability of the Services to any User. 

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual property

The Services contain content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.

In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Shesguide.com, or making available for inclusion in publicly accessible areas of Shesguide.com, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant Shesguide.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Shesguide.com and will terminate at the time such Content is removed from the Services by you or by Shesguide.com; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that Shesguide.com needs to use such Content in connection with any investigation or in compliance with any laws.

You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Shesguide.com reserves the right to remove or hide or change any images without notice.

When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).

You acknowledge that all derivative designs and artwork which utilize the Company’s logo or other Company Property (collectively, “Derivative Works”) are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.

Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.

The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its determination, believes have repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s copyright agent via email to INFO@JCFAMOSA.com an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

description of where the material that you claim is infringing is located on the site, including a url link;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Your Submissions and Contributions

Please review this section and the “PROHIBITED ACTIVITIES’ section carefully prior to using our services to understand the (a)rights you give us and (b)obligations you have when post or upload any content through the services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the services(“Submissions”), you agree to assign to us all intellectual property rights in such submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transist, publish, distribute, or broadcast content and materials to us or through the Services, including but not limit to text, writings, videos, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials (“Contributions”). Any submissions that are publicly posted shall also be treated as a contribution. 

You understand that Contribution may be viewable by other users of the Services and possibly through third-party websites. 

When you post Contributions, you grant us a license(including use of your name, trademarks, and logos) By posting any contributors, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, loyalty fee, fully paid, worldwide rights, and license to: use copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense  the license granted in this section. Our use and distribution may occur in any media formats and through any media channels.  

The license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Service to any of your social networking accounts, you:

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • warrant that any such Submission and/or Contribution are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned right in relation to your Submission Contributions;and
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you or that you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b)any third party’s intellectual rights, or (c)applicable law. 

We may remove or edit your Content: Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any contributions at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these legal terms. If we remove or edit any contributions, we may also suspend or disable your accounts and report you to the authorities. 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complex. (2) you will maintain the accuracy of such information and promptly update sic registration information as necessary: (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) You are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. USER REGISTRATION

By creating an account with Shesguide.com (an “Account”), you are granted a right to use the Services provided by Shesguide.com subject to the restrictions set forth in these Terms of Service and any other restrictions stipulated to you by us in writing. Our registration process will ask you for information including your name and other personal information, and in registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration process and as requested from time to time by Shesguide.com (such information, “Registration Data”). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Services. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

Account ID

Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as “Account IDs”). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).

Your Account

You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

Linking Your Account

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Shesguide.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Shesguide.com and/or grant Shesguide.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Shesguide.com to pay any fees or making Shesguide.com subject to any usage limitations imposed by such third party service providers. By granting Shesguide.com access to any Third Party Accounts, you understand that (i) Shesguide.com may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Shesguide.com may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Shesguide.com’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Shesguide.com makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Shesguide.com is not responsible for any SNS Content.

The Services may contain links to third party websites that are not owned or controlled by Shesguide.com. Shesguide.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Shesguide.com will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Shesguide.com from any and all liability arising from your use of any third-party website.

You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via contacting us at help.Shesguide.com.com, Shesguide.com will deactivate the connection between the Shesguide.com Services and your Third Party Account and any information stored on Shesguide.com’s servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.

5. PURCHASES AND PAYMENTS

Booking and Other Fees

Shesguide.com charges Clients a booking fee for each appointment booked in order to cover the operational costs of providing a smooth booking experience. We charge a booking fee whether the appointment is booked by you or by the applicable Professional. If the appointment is booked by a Professional, you will receive an email confirmation with the booking fee listed. If you cancel your appointment, the booking fee is not refunded.

Professionals may require you to provide a Card or other payment information. If you cancel or don’t show up for an appointment, your Card may still be charged in accordance with the cancellation policy of such Professional posted on the Professional’s Shesguide.com page at the time of your booking, at the Professional’s discretion.

Shesguide.com may from time to time, either as a Shesguide.com Program (described in Section 6 below) or otherwise, provide certain services to Users for an additional fee that may, among other things, enable Professionals and Clients to connect more easily. A description of such Shesguide.com Programs in effect as of today is located at https://shesguide.com/become-an-author/.

If applicable, you agree to pay the applicable fees listed on our Fee Schedule available, for use of the Services (“Fees“). Subject to the terms of these Terms of Service, we reserve the right to change our Fees immediately upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars.

Payments 

The Services allow Clients to pay and Professionals to accept payments, including payments initiated with Cards (defined below). Shesguide.com facilitates the processing of such payments, which means that we collect, analyze and relay information generated in connection with these payments.

Payments made through the Services are processed through a third party payment service provider (“PSP”) retained by the Company, which may include Stripe. Users will be required to provide Card or bank account details to the Company and the PSP (through the Services and/or via other means, including providing a physical card). By providing your payment information when requested, you authorize Shesguide.com and its PSP (or the applicable Professional and its payment processors) to charge and process the fees and charges assessed in connection with your reservations (including any Beauty Treatment Service fees, booking fees, out of pocket expenses owed to a Professional, and any tip or gratuity, if applicable) in accordance with these Terms of Service and any policy described on the Professional’s Shesguide.com page at the time of your booking.

As a condition of Shesguide.com enabling payment processing services through the PSP, you agree to provide Shesguide.com accurate and complete information about you, and you authorize Shesguide.com to share such information and any other transaction information related to your use of the PSP services. While Shesguide.com takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Shesguide.com is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.

Users may be required to register with the PSP, agree to a PSP Account Agreement and the Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. Please note that the Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that the Company has no obligations or liability to any User under the PSP Agreement.

When the PSP is Stripe, you are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Shesguide.com enabling payment processing services through Stripe, you agree to provide Shesguide.com accurate and complete information about you, and you authorize Shesguide.com to share it and transaction information related to your use of the payment processing services provided by Stripe.

You may have the option to pay using Klarna. Klarna will provide you with specific payment terms. For further information or questions regarding your payment please visit Klarna’s website or contact Klarna’s customer service.

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

Shesguide.com facilitates the payment transaction per these Terms of Service between you and each Professional, but is not responsible for mediating any resulting disputes. Shesguide.com has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Shesguide.com, in each case in Shesguide.com’s sole discretion. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.

Accepted Cards

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

6. POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

 

The Company reserves the right to send Clients a newsletter from time to time if they opt-in to receiving one. This communication will be highly targeted based on how each Client uses Shesguide.com and will be designed to inform Clients of how to get more value from the Services.

As part of the Services, we may allow you to send messages to other Users. Professionals may also send you SMS and email messages for various reasons such as reminding you of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each User takes full responsibility for adhering to the preferences of other Users with respect to such messages and notifications.

As part of the Services, the Company may send SMS messages to Users concerning product developments, marketing communications, and other information regarding the Services. The Company may also send SMS messages to Users regarding upcoming appointments and other reminders using a short code text messaging service. BY SIGNING UP FOR THE SERVICES AND PROVIDING US WITH YOUR WIRELESS NUMBER, YOU CONFIRM THAT YOU WANT Shesguide.com TO SEND YOU INFORMATION WE THINK MAY BE OF INTEREST TO YOU, WHICH MAY INCLUDE Shesguide.com USING AUTOMATED DIALING TECHNOLOGY TO TEXT YOU AT THE WIRELESS NUMBER YOU PROVIDED, AND YOU AGREE TO RECEIVE COMMUNICATIONS FROM Shesguide.com. You understand that you are not required to provide this consent as a condition of using our Services and may opt out of receiving autodialed text messages from Shesguide.com at any time. 

7. PROHIBITED ACTIVITIES

You may not asset or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or or mislead us and other users, especially in any attempt to learn sensitive account information such as user password.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitation on the use of Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. 
  • Use any information obtained from the Services in order to harass, abuse, or harm another person
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) viruses. Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupt, alter, or interferes with the use, features, functions, operation, or maintenance of the Services/
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robot, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit ( or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices ( sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  • Interfere with disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services’ software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials(collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. 
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions on any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials. pyramid schemes, chain letters, spam, mess mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten ( in the legal sense of those terms)any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intent to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any of the Services or making contributions accessible to the services by linking your account from the services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, except (in whole or part), and distribute such contributions )including, without, limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions

We do not assert any ownership over your contributions, You retain full ownership of all your contributions and any intellectual property rights or any proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the Services. You are solely responsible for your contribution to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change ant contribution; (2) to re-categorize any contributions to place them in more appropriate locations on the services; and (3) to pre-screen or delete any contributions at any time and for any reason, without notice.  We have no obligation to monitor your contributions. 

10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not constrain discriminatory references based on religion, race, gender, national origin, age marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statement; and (8) you may not organize a campaign encouraging others to post reviews whether positive or negative. 

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any reviews or for any claims, liabilities, or losses resulting from any reviews. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review

11. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app on wireless electronic devices owner or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these legal terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2)make any modifications, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the app; (4) remove, alter, or obscure any proprietary noticer (including any notice of copyright, or trademark) poster by use or the licensors of the App; (5) use the app for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the app available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8)use the app to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each as “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple IOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specifies in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributors has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by application law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated bu the US government as a “terrorist supporting” country and (i) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributors will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof. 

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site of App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, picture, designs, music, sound, video ,information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”) Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the services or any Third-Party Content posted on, available through, or installed from the services, including the content, accuracy, offensiveness, opinions, reliability, privacy, practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or and Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites  or to use or install Third-Party content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the services or relating to any applications you use or install from the Services. Any purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

13. SERVICES MANAGEMENT 

Unauthorized or Illegal Use

We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other Shesguide.com agreement, or that it exposes Professionals, other Shesguide.com Users, the PSP or Shesguide.com to harm. Harm includes fraud and other criminal acts as determined by Shesguide.com in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement. We may also request information (including, but not limited to, information about services received, identity verification, and proof of authorized payment) from you at any time for any reason or no reason as part of internal ongoing reviews of transactions and accounts on our Services, and in particular, to assist in investigations of suspicious transactions and/or accounts. You hereby agree to provide us with such information and assistance in a timely manner and acknowledge that payment processing in connection with a suspicious transaction and/or account may be delayed to the Professional until such transaction and/or account has been cleared by Shesguide.com, in its sole discretion. If you do not comply with Shesguide.com’s request for information and assistance pursuant to this Section (xv), Shesguide.com reserves the right to refund the payment back to the original card and/or prohibit you from processing any additional payments through the Services until you have provided such requested information and assistance and are cleared by Shesguide.com. If your access to or use of the Services has been restricted or terminated by Shesguide.com, you may not register a new Shesguide.com account or attempt to access and use the Services through the Shesguide.com account of another User.and Payment Service Providers

Customer Care

Professionals, as a separate entity from Shesguide.com, are solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Beauty Treatment Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and Shesguide.com, Shesguide.com is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.

14. PRIVACY POLICY

The Company’s Privacy Policy located at https://shesguide.com/privacy-policy, as well as any community guidelines or dispute resolution procedures that the Company may provide or make available, are all considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. Any reference to these Terms of Service shall include and mean a reference to all such incorporated policies, guidelines, programs, schedules and processes. In the event of a conflict between these Terms of Service and any other terms posted on the Website, the terms of these Terms of Service shall govern, and in the event of a conflict between these Terms of Service and the End User License Agreement in mobile applications (the “EULA”), the terms of the EULA shall govern.

15. TERMINATION

Termination of Accounts

Right to Terminate

Shesguide.com reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with Shesguide.com, including without limitation the EULA, or Shesguide.com’s policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in Shesguide.com’s sole discretion.

You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be canceled.

Termination Effects

If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Shesguide.com shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that Shesguide.com may retain and use your information and account data as needed to comply with investigations and applicable law.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.

Shesguide.com is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in Shesguide.com’s sole discretion Fraudulent Actions”). By using the Services, you hereby release Shesguide.com from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Shesguide.com of any Fraudulent Actions which may affect the Services. Shesguide.com reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We can not guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruption, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAWS

Governing Law

You and Shesguide.com agree that, other than as set forth under the subsection entitled “Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding” in Section 13 above, if any portion of Section 13 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of these Terms of Service will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 13 is found to be illegal or unenforceable, neither you or Shesguide.com will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within San Francisco, California, and you and Shesguide.com agree to submit to the personal jurisdiction of that court.

Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 13 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

Privacy

Our collection of data and information via the Services from Users and others is subject to our Privacy Policy which is available at https://Shesguide.com.com/privacy/, and is incorporated herein (the “Privacy Policy”). You understand that through your use of the Services that you consent to the collection and use (as set forth in the Privacy Policy) of such data and information.

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

18. DISPUTE RESOLUTION

Dispute Resolution

Informal Negotiations

To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Shesguide.com agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Shesguide.com. 

Binding Arbitration

If you and Shesguide.com are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org., Your arbitration fees and your share or arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, Shesguide.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and Shesguide.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Exceptions to Alternative Dispute Resolution.

Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorney General Act of 2004, California Labor Code 2698 et seq. (“PAGA”) to the extent waiver of such claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Los Angeles County, California, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding.

You and Shesguide.com agree that any arbitration will be limited to the Dispute between Shesguide.com and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Shesguide.com ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Shesguide.com otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Location of Arbitration.

Arbitration will take place in Los Angeles County, California. You and Shesguide.com agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco, California have exclusive jurisdiction and you and Shesguide.com agree to submit to the personal jurisdiction of such courts.

Right to Opt out of Arbitration and Class Action/Jury Trial Waiver.

You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by notifying Shesguide.com in writing within 30 days of the date your first registered for the Services or a Subscription or 30 days from the date these Terms of Service were last updated . To opt out, you must send a written notification to Shesguide.com at info@Shesguide.com that includes (a) your user identification, (b) your name, (c) your address, (d) your telephone number, (e) your email address and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.

19. CORRECTIONS

If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to Shesguide.com that you have full power and authority to do so.

Shesguide.com may update or change these Terms of Service from time to time and recommends that you review the Terms of Service on a regular basis as posted on Shesguide.com’s website. You understand and agree that your continued use of the Services after the Terms of Service have changed constitutes your acceptance of the Terms of Service as revised.

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.

20. DISCLAIMER

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF Beauty Treatment SERVICES. Shesguide.com IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. Shesguide.com IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.

IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR Beauty Treatment SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER Shesguide.com’S CONTROL (SUCH AS THIRD-PARTY SERVERS). Shesguide.com MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Shesguide.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Shesguide.com MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,(II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Shesguide.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY,TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF Beauty Treatment SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

21. LIMITATIONS OF LIABILITY 

Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Shesguide.com OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) Beauty Treatment SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Shesguide.com EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE Shesguide.com IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY Beauty Treatment SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE Shesguide.com AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF Beauty Treatment SERVICES OR OTHERWISE.

22. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Beauty Treatment Services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.

HIPAA Notice

You should not share any protected health information with service providers via the Services. The Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the services.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INTIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights to requirements under any statutes, regulations, rules, ordinances, or other laws in jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

25. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

26. MISCELLANEOUS

Professional’s Loyalty Programs

Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not Shesguide.com) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional’s loyalty program.

Shesguide.com Programs

The Company may from time to time provide certain programs, promotions, opportunities, sweepstakes and contests to Users (“Shesguide.com Programs”); if you choose to take part in these Shesguide.com Programs, additional terms can be found at https://shesguide.com/become-an-author/, Shesguide.com reserves the right to change the terms of Shesguide.com Programs at any time on notice to you, provided that any such changes shall not affect you retroactively.

Gift Cards

Shesguide.com may offer gift cards that Clients can use to purchase Beauty Treatment Services from a specific Professional (“Gift Cards”). Shesguide.com offers this service as a convenience to Professionals and Clients and is not the merchant of record of any Gift Card, nor is it responsible for any matter in connection with redemption of any Gift Card. Shesguide.com prohibits Clients from reloading Gift Cards via the Services and paying for Gift Cards with other Gift Cards. Gift Cards are not reloadable and may not be redeemed for cash (except, as between you and the applicable Professional, as may be required by law). Neither Shesguide.com nor Professional is responsible for any lost or stolen Gift Cards or use without Client’s permission. Shesguide.com reserves the right to limit quantities of Gift Cards purchased by any person or entity and to deactivate, cancel or suspend a Gift Card if it believes that the Gift Card was obtained through fraudulent, unlawful or improper means. Vouchers, coupons and other discounts may not be used to purchase Gift Cards. The Gift Card is not a credit, debit, or charge card. Gift Card users must be 18 years of age or older. All Gift Card purchases are processed through Shesguide.com’s standard payment processing system, as described in Section 3.

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of Services, please contact us at: 

info@shesguide.com