Subscription Agreement

Find Your Hairstylist Subscription Agreement

I wish to be a featured stylist on the findyourhairstylist.com website (“Website”) as operated by Find Your Hairstylist (“Find Your Hairstylist”) pursuant to the terms and conditions set forth herein. In consideration for my subscription to be featured on the Website, to which I agree that I am not otherwise entitled, I hereby agree as follows:

  1. License: Find Your Hairstylist hereby grants to me a nontransferable, non-exclusive license to access the subscriber portion of the Website during the term of this agreement and to identify myself as a featured stylist on the Website. As part of my subscription, I will be listed on the Website as an approved stylist in my geographic region, added to Find Your Hairstylist’s mailing list and will receive regular weekly emails from Find Your Hairstylist about the Website and other resources and opportunities. I acknowledge that my listing will incorporate images reflecting my work as I may provide, either directly or indirectly through my website and/or social media accounts, (collectively, “Licensed Images”) and I hereby grant to Find Your Hairstylist an irrevocable, non-exclusive, worldwide, assignable, sublicensable, perpetual, fully paid-up and royalty-free license to make use of the Licensed Images for the purpose of featuring my services on the Website, which includes use of the Licensed Images on the Website itself as well as any advertising of the Website on social media, in print, or through any other means of advertising whether now known or hereafter known or developed.
  2. Ownership: I acknowledge and agree that all intellectual property rights in and to the Website, including but not limited to written materials, audio-visual content, documentation, and any derivatives and copies of the foregoing distributed in connection with or otherwise made available through the Website and all trademarks used by Find Your Hairstylist, are owned by Find Your Hairstylist. I will not use or reproduce, or allow anyone else to use or reproduce, any Website materials to which I may have access without the prior written authorization of Find Your Hairstylist. I further agree not to create derivative works, including developing my own educational materials, based upon the intellectual property of Find Your Hairstylist. While I may use Find Your Hairstylist trademarks to describe my participation as an approved stylist as shown on the Website, I shall not hold myself out as affiliated with, certified by, or otherwise associated with Find Your Hairstylist.
  3. Restrictions on Use:
    1. I will not copy or duplicate, or permit anyone else to copy or duplicate, all or any part of the Website in any form.
    2. My use of the Website shall be limited to accessing the subscriber portion of the Website and to describe my participation as an approved stylist as shown on the Website.
    3. I will not provide or make the Website available to any person or entity.
    4. I will not create or attempt to create, or permit others to create or attempt to create, any platform or content based on or to the Website by recording, disassembling, reverse engineering, or otherwise any part of the Website (whether oral, written, tangible or intangible) made available to me under this Agreement.
    5. I agree to notify Find Your Hairstylist in a timely manner if I obtain information as to any unauthorized possession, use, or disclosure of the Website by any person or entity, and further agree to cooperate with Find Your Hairstylist at its expense in protecting its proprietary rights.
  4. Subscriber Duty: I warrant and agree that the quality of my styling services will remain consistent with the high quality services I currently offer and will ensure that my services do not adversely reflect upon or damage the goodwill or reputation of Find Your Hairstylist. My services shall be provided in complete compliance with all applicable standards of federal, state, and local laws and regulations, and I shall always act in compliance with the Find Your Hairstylist Terms of Use and Privacy Policy. Find Your Hairstylist shall have a right of sufficient access at reasonable times to my facilities to permit Find Your Hairstylist or its representative to ensure that the quality of my services is in accordance with these standards.
  5. License Fee and Term: The term of my rights to be recognized as an approved stylist on the Website will be on a month-to-month basis with the subscriber fee as identified at the end of this Subscription Agreement (“Subscription Fee”). The Subscription Fee shall be due and payable every month on the same day of the month in which I initially subscribed to the Website (the “Renewal Date”). For example, if I initially subscribed to the Website on March 15, my Renewal Date will be the 15th day of each subsequent month. The Subscription Fee shall be charged on my Renewal Date to the credit card I have provided to Find Your Hairstylist. By signing below, I hereby authorize Find Your Hairstylist to charge the credit card I have provided for any Subscription Fee owed pursuant to this Agreement. Although I may cancel my subscription at any time, any and all Subscription Fees paid by me to Find Your Hairstylist are non-refundable. I understand and agree that, in order to prevent my credit card from being charged for the Subscription Fee on my Renewal Date, I must submit my cancellation in accordance with Section 5(c) at least forty-eight (48) hours before my Renewal Date.
  6. Termination:
    1. This Agreement shall automatically terminate should I fail to pay the appropriate fee in the time required.
    2. Either party may terminate this Agreement for failure of the other to comply with the terms and conditions of this Agreement.
    3. I may terminate this Agreement at any time by logging in to my account or by contacting Find Your Hairstylist with my account details and cancellation request. Cancellations communicated to Find Your Hairstylist by social media shall not be effective.
  7. Effect of Termination: Termination of this Agreement will terminate all of my rights to access or be featured on the Website. Termination shall not relieve me of my obligations relating to the restrictions on use contained in this Agreement. I will not receive a refund of any fees already paid to Find Your Hairstylist but shall not thereafter incur additional fees.
  8. Obligations Upon Termination: My obligations under the section entitled Restrictions on Use shall continue following termination of my license to access the Website. Find Your Hairstylist shall have no obligation to maintain my data associated with Website but may do so for so long as Find Your Hairstylist deems reasonable in its sole discretion. I further acknowledge and agree that in the event I cancel and/or allow my subscription to the Website to lapse, if I wish to re-subscribe to the Website, I will be responsible for the payment of the Subscription Fee in effect at the time of my re-subscription. I will not be entitled to receive any discounted Subscription Fee or the Subscription Fee in effect at the time of my cancellation and/or lapse.
  9. No Guarantee of Results: I understand and agree that the Website and/or any communications, documents, or other materials I receive as part of the Website do not constitute any representation, guarantee, warranty, or prediction of any certain financial, commercial, monetary, or other results by me. I am completely and independently responsible for my own business and/or ventures, including but not limited to their financial success or failure. Find Your Hairstylist is in no way responsible for the oversight, administration, maintenance, or operation of my business and/or ventures, and Find Your Hairstylist shall not bear any responsibility whatsoever for any decisions, strategies, actions, or inactions by me or my business and/or venture.
  10. NO WARRANTY: I EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT MY SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH ME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FIND YOUR HAIRSTYLIST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FIND YOUR HAIRSTYLIST DOES NOT WARRANT AGAINST INTERFERENCE WITH MY ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET MY REQUIREMENTS, THAT THE OPERATION OF FIND YOUR HAIRSTYLIST OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIND YOUR HAIRSTYLIST OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD FIND YOUR HAIRSTYLIST OR THE WEBSITE PROVE DEFECTIVE, I ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO ME.
  11. Limitation of Liability: MY USE OF THE WEBSITE IS AT MY OWN RISK. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIND YOUR HAIRSTYLIST BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MY USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FIND YOUR HAIRSTYLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO ME. In no event shall Find Your Hairstylist’s total liability to me for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by me to obtain the license granted herein. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  12. Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS APPLY TO ME, SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO ME. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN MY JURISDICTION WILL APPLY TO ME AND, IN SUCH INSTANCES, FIND YOUR HAIRSTYLIST’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO ME, AND I MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.

    THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT I HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO ME IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH ME. I AGREE TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH I LIVE OR IN WHICH I USE THE WEBSITE.

    NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is implied into this Agreement or imposed on Find Your Hairstylist under applicable laws and cannot be excluded, but Find Your Hairstylist has a choice of a remedy, then Find Your Hairstylist’s liability for breach of the condition, warranty, or guarantee is limited to one or more of the following, at its option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, or refunding the payment for the goods if it would be unreasonable to expect the products to be repaired; or (b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

  13. Indemnification: I hereby indemnify, defend, and hold harmless Find Your Hairstylist, its officers, employees, agents, representatives, consultants, and contractors from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney fees), or liabilities arising out of, resulting from, or in connection with my provision of my styling services or Find Your Hairstylist’s use of the Licensed Images.
  14. Privacy: Find Your Hairstylist is committed to protecting my privacy. Find Your Hairstylist’s privacy practices are described in the Privacy Policy. By using the Website or providing Find Your Hairstylist with my personal information, I am accepting and consenting to the practices, terms, and conditions described in the Privacy Policy, which is incorporated by reference into this Agreement and can be viewed here: findyourhairstylist.com/privacy-policy. I also acknowledge that I alone control whether and to what extent any personally identifiable data is incorporated into the Website. Accordingly, should removal of such information be desired, that shall remain my sole responsibility and obligation.
  15. Miscellaneous:
    1. Waiver. No waiver of any breach of this Agreement will form a waiver of any subsequent breach of the same or any other provision.
    2. Severability. If any provision of this Agreement is declared or found illegal, unenforceable, or void, then all parties will be relieved of all obligations arising under such provision to the extent that such provision is illegal, unenforceable, or void, it being the intent and agreement of the parties that this Agreement will be deemed amended by modifying the provision to the minimum extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement will not be affected by the declaration or finding and can be substantially performed, then each provision not so affected will be enforced to the extent permitted by law.
    3. Entire Agreement. This Agreement make up the entire agreement of the parties with respect to the subject matter herein, superseding in all respects all prior proposals, negotiations, understandings and other agreements, oral or written, between the parties.
    4. Amendment. This Agreement may be amended only by a written instrument duly executed by the parties.
    5. Interpretation. Headings used in this Agreement are for convenience only and will not be deemed to be operative text. Terms of gender will be deemed interchangeable, as will singular and plural terms, in each case unless the context otherwise requires.
    6. Applicable Law. This Agreement will be governed by the internal law of the State of North Carolina without regard to conflict of law.
    7. Arbitration. Any dispute arising out of or relating to this Agreement, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Buncombe County, North Carolina, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. We and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes exclusively through binding arbitration.

AUTOMATIC RENEWAL NOTICE: You are entering into a subscription agreement with Find Your Hairstylist that shall automatically renew each month. You acknowledge and agree that the payment information you provide herein may be charged each month for your Find Your Hairstylist subscription in the amount identified below. In the event you wish to cancel your subscription, you may do so at any time by logging into your account and updating your membership settings or by contacting Find Your Hairstylist at findyourhairstylist.com/contact with your account details and cancellation request.

Find Your Hairstylist Monthly Subscription Fees:

  1. Basic Membership $4.99 per month per listing
  2. Professional Membership $9.99 per month per listing

In exchange for the license to use the Services granted by Find Your Hairstylist, I, the subscribing user, agree to fully comply with the Subscription Agreement, which incorporates the Find Your Hairstylist Terms of Use and Privacy Policy.

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