Updated April 22nd, 2020

    Beauty Pro Nebraska

    Terms of Service for Beauty Professionals

    These Terms of Service (the “Terms of Service”) govern the use of the mobile and internet-based services, business tools offered by Beauty Pro Nebraska (the “Company,” “Beauty Pro Nebraska,” “we” or “us”) at and through the website beautypronebraska.com (the “Website”) and through mobile applications (such services, applications and the Website are collectively referred to as the “Services”). The Company’s Privacy Policy located at https://www.beautypronebraska/privacy, as well as any subscription agreements relating to the Services (each, a “Subscription”) executed by you (“you” or “Professional”) or accepted by you via email or online, and any community guidelines or dispute resolution procedures that the Company may provide, are all considered part of these Terms of Service and are incorporated by reference into these Terms of Service in their entirety. In the event of a conflict between these Terms of Service and any Subscription agreement, these Terms of Service will control. 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 the 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. These Terms of Service apply to any use of the Services, whether in connection with a Subscription or free trial.

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN BEAUTY PRO NEBRASKA AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. BY EXECUTING A SUBSCRIPTION AGREEMENT, AND/OR 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.

    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 the Company that you have full power and authority to do so.

    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.

    The Beauty Pro Nebraska Services

    Beauty Pro Nebraska is a platform that connects Beauty Professionals providing beauty services with clients seeking such services (“Clients”). The Professionals and Clients are both users of the Services provided by Beauty Pro Nebraska and are hereinafter referred to collectively as “Users.”

    Fees and Payment

    Fees

    Fees for the Subscription (“Subscription Fees”) are set forth (a) herein, (b) online and/or (c) in a separately executed or accepted Subscription agreement between you and Beauty Pro Nebraska.

    You agree to pay Beauty Pro Nebraska Subscription Fees, and any other applicable fees as may be agreed to by you. All fees are non-refundable and non-transferable except for as expressly provided in these Terms of Service. Unless otherwise stated, fees must be paid in advance of each billing period.

    Each Professional authorizes us to confirm that the credit card account or other payment method associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional is using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional’s eligibility to continue use of the Services. All balances and all fees, charges, and payments collected or paid through the Services are denominated in US dollars. Users of the Service will be liable for any taxes (including VAT, if applicable, required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).

    Billing Cycle

    Your Subscription starts on the date that you sign up for a Subscription and submit payment. Unless otherwise communicated to you at the time of sign up, each Subscription cycle is one-month in length (“Subscription Period”), and will automatically renew on a monthly basis until we terminate the Subscription, or you terminate your current Subscription. Unless otherwise communicated to you, you will be billed on the monthly anniversary of first submitting payment to us for your Subscription (e.g., if your Subscription begins on July 25th, it will renew on August 25th, September 25th, and so on. If your Subscription begins on a date that doesn’t occur every billing cycle (e.g., the 31st), you will be billed on the last day of every month. We reserve the right to change the timing of our billing. You acknowledge that the amount billed to you each month may vary due to promotional offers and/or adding or changing your Subscription plan, and you authorize Beauty Pro Nebraska to charge you for these varying amounts as necessary.

    Subscription Pricing

    We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14) days prior notice. Unless we expressly communicate otherwise, any price change to your membership will take effect on your next billing cycle. You must agree to the change in fees to continue to use the Services. To withdraw your consent, you will need to cancel your account by logging into your account and following the cancellation procedures there, or notifying us.

    Trials

    Beauty Pro Nebraska may, from time to time, offer trial memberships which include free or discounted access to the Subscription during the designated trial period. Each trial membership will automatically convert to a regular monthly subscription unless cancelled no more than forty-eight (48) hours prior to the end of your trial period. To cancel your subscription, logon to your account and follow the cancellation procedures indicated there or contact us.

    Cancellation of your Subscription

    You may terminate your Subscription at any time. If you cancel with more than forty-eight (48) hours notice prior to your next billing cycle, you will not be charged for the next month of the Subscription Service. If you have any questions about your individual billing cycle, please log onto your account to view your billing cycle details, or contact us.

    You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the then-current monthly subscription cycle. Following cancellation, you will continue to have access to the Subscription Services through the end of your current billing cycle.

    Other fees

    Beauty Pro Nebraska may from time to time provide certain services to Professionals and/or Clients for an additional fee that would help Professionals grow their business and enable Professionals and Clients to connect more easily.

    Beauty Pro Nebraska Platform

    Beauty Pro Nebraska solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Beauty Services.Beauty Pro Nebraska does not provide or contract for Beauty Services, and Professionals and Clients contract independently for the provision of Beauty Services. Each Client is solely responsible for selecting the Professional, the Beauty Services to be provided and the location at which Beauty Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Beauty Services or by a Professional to provide Beauty 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 on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients, Professionals and any personnel of Professionals, as applicable. Each Professional must decide whether a Client is suited to such Professional’s services and should exercise caution and common sense to protect the personal safety and property of such Professional and its personnel, as applicable, 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.

    Beauty Pro Nebraska does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. Beauty Pro Nebraska makes no representations or warranties whatsoever with respect to Beauty Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that Beauty Pro Nebraska does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. Beauty Pro Nebraska 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 Services on the Services. Beauty Pro Nebraska does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, Beauty Pro Nebraska 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.

    In connection with certain services, including Beauty Services, for which reservations are made available on the Services, if approved by Beauty Pro Nebraska, you may require Clients to enter credit card or other payment information, and at your discretion, you may charge fees for reservations, including cancelled and missed appointments, only in accordance with any policy posted on your Beauty Pro Nebraska page at the time of the Client’s booking. While Beauty Pro Nebraska takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Beauty Pro Nebraska 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, a Client’s mistaken submission of payment information or submission of erroneous payment information. If you manually insert a Client’s credit card information and save it to such Client’s account, you represent that you have permission from each Client to save such Client’s credit card information, you take full responsibility for adhering to each Client’s preferences with respect to such credit card information and hereby agree to indemnify us for any claims arising out of failure to obtain such permission.

    You agree and represent that you will honor the reservations made by Clients through the Services, or will communicate with them in advance to resolve any scheduling conflicts to the Client’s and Beauty Pro Nebraska’s satisfaction.

    Accounts

    Account Registration

    By creating an account with Beauty Pro Nebraska (an “Account”), registering for a Subscription and paying the applicable Subscription Fee, you are granted a right to use the Services provided by Beauty Pro Nebraska 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 and business information (including information regarding any licensing and registration applicable to you where you provide the Services). You must complete this and other processes to access any funds that you accept through the Services. 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 Beauty Pro Nebraska 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 or your business’ 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 or your business. This name will appear on your credit or debit card statement for all payments you accept using the Services. 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

    By creating an Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). The above paragraph is applicable to U.S.-based Users only, and international users are required to comply with applicable international law.

    Termination of Subscription and Accounts

    Right to Terminate

    Beauty Pro Nebraska reserves the right, in its sole discretion, to terminate your Subscription, Account, or use of the Services, 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 Beauty Pro Nebraska, including without limitation the EULA, or Beauty Pro Nebraska’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 (iv) for any other reason in Beauty Pro Nebraska’s sole discretion. This includes the right to modify or terminate any Subscription prior to the end of any pre-paid period.

    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 cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your Account as a means of evading your payout schedule). If an investigation is pending at the time you close your Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you.

    Termination Effects

    If your Subscription and/or 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 grant 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 Beauty Pro Nebraska 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 Beauty Pro Nebraska 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.

    Professional Accounts

    • Professionals may use the Services to offer Beauty Services only through their business or personal website or software application (a “Professional Site”), and we reserve approval authority as to the implementation and use of the Services on the Professional Site. We may suspend the Services in the event we find any implementation issues with the Professional Site. Such suspension shall remain in effect until the Professional corrects any issues specified by Beauty Pro Nebraska and a suspension shall not relieve a Professional of its payment obligations under these Terms of Service.
    • By creating an Account as a Professional, you certify that you are, a licensed professional and that your business information is correctly represented on Beauty Pro Nebraska. You further certify that you are duly licensed to provide Beauty Services “in-home” or otherwise outside your place of business should you advertise such Beauty Services on Beauty Pro Nebraska. Beauty Pro Nebraska reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself.

    By creating an Account as a Professional, you confirm that you will not accept payments from or in connection with the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate or harmful products, (28) escort services, or (29) bankruptcy attorneys or collection agencies engaged in the collection of debt.

    Unauthorized or Illegal Use

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

    Customer Care

    Each Professional, as a separate entity from Beauty Pro Nebraska, is solely responsible for all customer service issues relating to such Professional’s goods or services, including without limitation, any Beauty 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. In performing customer service, Professionals must present themselves as a separate entity from Beauty Pro Nebraska. As between Professionals and Beauty Pro Nebraska, Beauty Pro Nebraska is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.

    Inactive Accounts

    If there is no activity in your Account (including access or payment transactions) for at least two years, consecutively, and you have a balance, we will notify you by sending an email to the email address associated with your Account and give you the option of keeping your Account open and maintaining the balance, withdrawing the balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Account.

    Use of the Services; Limitations and Changes to the Services.

    • We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Beauty Pro Nebraska shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Beauty Pro Nebraska has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

    We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

    As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.

    When you publish content or information using the “public” setting, it means that everyone, including people outside of the Beauty Pro Nebraska community, will have access to that information, and we may not have control over what they do with it, including limiting their ability to repost or re-publish such information.

    We always appreciate your feedback or other suggestions about Beauty Pro Nebraska, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

    We do our best to keep Beauty Pro Nebraska safe and spam free, but can’t guarantee it. In order to help us do so, you agree not to:

    • send or otherwise post unauthorized commercial communications (such as spam) on the Services.
    • collect Users’ content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    • engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
    • upload viruses or other malicious code.
    • solicit login information or Account IDs or access an account belonging to someone else.
    • bully, intimidate, or harass any User.
    • post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
    • develop, advertise or otherwise market alcohol-related or other mature content.
    • use Beauty Pro Nebraska to do anything unlawful, misleading, malicious, or discriminatory.
    • do anything that could disable, overburden, or impair the proper working of Beauty Pro Nebraska or the Services, such as a denial of service attack.
    • facilitate or encourage any violations of these Terms of Service.

    To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:

    • keep your Registration Data and contact information accurate and up-to-date.
    • keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.

    HIPAA Notice

    You should not share any protected health information with service providers via the Service. 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.

    Proprietary Rights

    • The Services contains 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 Beauty Pro Nebraska, or making available for inclusion in publicly accessible areas of Beauty Pro Nebraska, 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 Beauty Pro Nebraska 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 Beauty Pro Nebraska and will terminate at the time such Content is hidden or removed from the Services by you or by Beauty Pro Nebraska; 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, Beauty Pro Nebraska needs to use such Content in connection with any investigation or compliance with any laws.

    You agree to not 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. Beauty Pro Nebraska 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).

    Subject to the terms and conditions hereof, Company hereby grants each Professional a limited, revocable, non-sublicensable license to display the logos, trademarks or other design marks of the Company that were provided by the Company to Professional for use solely in connection with your use of the Services, promotion of Bedauty Services offered via the Services or other uses expressly permitted by the Company in writing. Notwithstanding such permitted uses and license, 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 infringed others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.

    • 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.

    The Company reserves the right to send Professionals and 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 Beauty Pro Nebraska and will be designed to inform Clients of how to get more value from the Services.

    As part of the Services, the Company offers Professionals the option to send SMS and email messages to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Professional represents that it has permission from each Client to send SMS and email notifications and that each Professional takes full responsibility for adhering to each Client’s preference with respect to such 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 BEAUTY PRO NEBRASKA TO SEND YOU INFORMATION WE THINK MAY BE OF INTEREST TO YOU, WHICH MAY INCLUDE BEAUTY PRO NEBRASKA USING AUTOMATED DIALING TECHNOLOGY TO TEXT YOU AT THE WIRELESS NUMBER YOU PROVIDED, AND YOU AGREE TO RECEIVE COMMUNICATIONS FROM BEAUTY PRO NEBRASKA, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE SERVICES OR FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM BEAUTY PRO NEBRASKA. You agree to indemnify and hold Beauty Pro Nebraska harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. 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 Beauty Pro Nebraska at any time.

    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 SERVICES. BEAUTY PRO NEBRASKA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. BEAUTY PRO NEBRASKA 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 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 BEAUTY PRO NEBRASKA’S CONTROL (SUCH AS THIRD-PARTY SERVERS). BEAUTY PRO NEBRASKA 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. BEAUTY PRO NEBRASKA 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.

    BEAUTY PRO NEBRASKA 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.

    BEAUTY PRO NEBRASKA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF BEAUTY 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.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEAUTY PRO NEBRASKA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

    Limitation of Liability and Release

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEAUTY PRO NEBRASKA 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 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.

    BEAUTY PRO NEBRASKA EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE BEAUTY PRO NEBRASKA IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY BEAUTY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE BEAUTY PRO NEBRASKA 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 SERVICES OR OTHERWISE.

    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.