Terms of Use

WEBSITE TERMS OF SERVICE  MakeHerHot.com

1. AGREEMENT
This Terms of Service Agreement (the “Agreement“) constitutes a legally binding agreement by and between you or your company (in either case, “You” or “Your“), and The Digital Salon, LLC (“Digital Salon“) and concerning Your use of Digital Salon’s website (the “Website“) and all products, information, and services available through the Website (collectively the “Services”). By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and Digital Salon’s Privacy Policy (the “Privacy Policy“), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Digital Salon encourages users of the Website to frequently check Digital Salon’s Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, DIGITAL SALON RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Digital Salon obtains Your express consent, any revised Privacy Policy will apply only to information collected by Digital Salon after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that he or she is authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. PAYMENT & REFUNDS
(a) Product Purchases. YOU UNDERSTAND AND AGREE THAT ALL PRODUCTS AND SERVICES THAT YOU PURCHASE FROM THE WEBSITE MUST BE PAID FOR AT THE TIME OF PURHASE THROUGH PAYPAL OR YOUR CREDIT OR DEBIT CARD.

You expressly authorize Digital Salon (or its partners, affiliates, and/or agents) to charge Your credit or debit card for any products and services that You purchase from the Website. DIGITAL SALON DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS.
All delinquent charges and charges not honored by Your credit or debit card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes You may have raised regarding Your invoiced charges, provided however that any disputed charges which are resolved in Your favor will not be assessed a late fee or have the late fee removed from the charges.
(b) Refund Policy. As a sign of its confidence in the products and services that it sells, Digital Salon provides You an unconditional 5 days No Risk Money Back Guarantee. All refund requests must be made to:

CCBill Support
24 hrs, 7 days a week, 365 days a year.
Phone: 1.888.596.9279
Email: ccbillsupport@ccbill.com
Fax: 480.449.8820

AFTER THE 5-DAY REFUND PERIOD, ALL FEES AND CHARGES ARE NON-REFUNDABLE.

6. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, Digital Salon grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any purpose not expressly permitted by this site, commercial or non-commercial, without the express written consent of Digital Salon. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Digital Salon or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

7. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information made available by means of the Website and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. DIGITAL SALON DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL DIGITAL SALON BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD PARTY.

8. USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Website, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your personal profile. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in Digital Salon’s Privacy Policy.

You may also be asked to provide a user name and password in connection with Your purchase of products and use of the Services. You are entirely responsible for both the security and maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Digital Salon immediately of any unauthorized use of Your account, user name, or password. Digital Salon shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Digital Salon, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.

9. YOUR INTERACTIONS WITH OTHER WEBSITE USERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER DIGITAL SALON WEBSITE USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT DIGITAL SALON HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN THOSE PEOPLE WHO USE THE WEBSITE; (B) INQUIRE INTO THE BACKGROUNDS OF SUCH USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS WEBSITE USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. DIGITAL SALON DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS WEBSITE USERS.

10. CONSENT TO RECEIVE EMAIL FROM DIGITAL SALON

By registering with the Website, You thereby consent to receive periodic email communications regarding products and services, new product offers, promotions and other matters.

11. THIRD PARTY WEBSITES
The Website is linked with the websites of third parties (“Third Party Websites“), some of whom may have established relationships with Digital Salon and some of whom may not. Digital Salon does not have control over the content and performance of Third Party Websites. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this Website or Digital Salon. DIGITAL SALON HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD PARTY WEBSITES. ACCORDINGLY, DIGITAL SALON DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD PARTY WEBSITES. DIGITAL SALON DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD PARTY WEBSITES.

12. PROHIBITED USES
Digital Salon imposes certain restrictions on Your use of the Website. You represent and warrant that You will not: (a) provide false, misleading or inaccurate information to Digital Salon or any other Website user; (b) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (c) harvest or otherwise collect information about Website users, including email addresses and phone numbers; (d) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third Party Websites; (e) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (f) attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization; (g) interfere or attempt to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h) use the Website to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (i) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website; or (j) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Digital Salon in providing the Website. Any violation of this section may subject You to civil and/or criminal liability.

13. INTELLECTUAL PROPERTY
(a) Compliance with Law. You represent and warrant that, when using the Website, You will obey the law and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to download, post, transmit, display, perform or distribute any content, information or other materials in violation of Digital Salon’s or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD PARTY RIGHTS.

(b) Trademarks. Digital Salon, Digital Salon.com, Dr. Scarlet, DrScarlet.com and the “Digital Salon logo” (collectively, the “Digital Salon Marks“) are trademarks or registered trademarks of Digital Salon, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website nor this Agreement grants You any right, title or interest in or to, or any license to reproduce or otherwise use, the Digital Salon Marks or any third party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Digital Salon Marks generated as a result of Your use of the Website will inure to the benefit of Digital Salon and You agree to assign, and hereby do assign, all such goodwill to Digital Salon. You shall not at any time, nor shall You assist others to, challenge Digital Salon’s right, title, or interest in or to, or the validity of, the Digital Salon Marks.

(c) Copyrighted Materials; Copyright Notice. All content and other materials available through the Website, including without limitation all videos, pamphlets, e-books, logos, photographs, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Digital Salon or are the property of Digital Salon’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2013 to the present, The Digital Salon, Inc. ALL RIGHTS RESERVED.

(d) DMCA Policy. As Digital Salon asks others to respect Digital Salon’s intellectual property rights, Digital Salon respects the intellectual property rights of others. If You believe content located on or linked to by the Website violates Your copyright, You are encouraged to notify Digital Salon in writing with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Digital Salon to locate the material; (d) information reasonably sufficient to permit Digital Salon to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to Digital Salon’s designated agent at:

Attn: Copyright Agent
Digital Salon Publishing, Inc.
244 Fifth Avenue, Suite 2311
New York, NY 10001

14. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES. DIGITAL SALON, ON BEHALF OF ITSELF, ITS LICENSORS, AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITAL SALON, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER DIGITAL SALON NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR ANY PRODUCT OR SERVICE SOLD OR AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER DIGITAL SALON NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD DIGITAL SALON OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION PRODUCTS AND SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTIUCLAR REQUIREMENT FOR ACCURACY OF DATA INPUT AND POUPUT. IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACK UP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c) ASSUMPTION OF RISK; LIMITATION OF LIABILITY. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES, INCLUDING COMMUNICATIONS OR MEETINGS BETWEEN WEBSITE USERS. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY DIGITAL SALON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, ASSIGNS, AND INDUSTRY PROFESSIONALS (COLLECTIVELY, THE “DIGITAL SALON PARTIES”) FROM ANY AND ALL CLAIMS, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMANGES, INCLUDING LOSS OF REFENUE OR INCOME, PAIN OR SUFFERING, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES, EVEN IF DIGITAL SALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DIGITAL SALON AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $50.

(d) APPLICATION. THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND THE DIGITAL SALON PARTIES OR BETWEEN YOU AND ANY OF DIGITAL SALON’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. DIGITAL SALON’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Digital Salon policies, and with any applicable laws or regulations.

16. INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless the Digital Salon Parties from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website any product or service offered on the Website; (iii) Your provision to Digital Salon or any of the Digital Salon Parties of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights; or (vi) any goods or services You advertise or solicit through the Website and/or Services. The Digital Salon Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Digital Salon Parties. You may not settle any Claim without the prior written consent of the concerned Digital Salon Parties.

17. GOVERNING LAW; JURISDICTION AND VENUE

The Website, any product or service offered by the Website, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

(a) Binding Arbitration. You agree that any dispute, of any nature whatsoever, between You and Digital Salon arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Los Angeles, California, unless You and Digital Salon mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures (the “JAMS Rules”). A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Digital Salon will reimburse You for those fees if Your claims against Digital Salon total $10,000 or less, unless the arbitrator determines those claims are frivolous. Likewise, Digital Salon will not seek attorneys’ fees and costs in arbitration if Your claims against Digital Salon total $10,000 or less, unless the arbitrator determines those claims are frivolous.

(b) Restrictions Against Joinder of Claims. You and Digital Salon agree that any arbitration shall be limited to each Claim individually. To the full extent under the law, (1) no arbitration shall be joined with any other arbitration; (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

(c) Remedies in Aid of Arbitration; Equitable Relief. This Agreement to arbitrate will not preclude You or Digital Salon from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Digital Salon from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

18. TERMINATION

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, DIGITAL SALON RESERVES THE RIGHT TO, IN DIGITAL SALON’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR ANY OF ITS PRODUCTS OR SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

(a) Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website. Upon termination, Digital Salon may, but has no obligation to, in Digital Salon’s sole discretion, rescind any services and/or delete from Digital Salon’s systems all Your Personal Information and any other files or information that You made available to Digital Salon or that otherwise relate to Your use of the Website or Services. Subsequent to termination, Digital Salon reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. YOU ACKNOWLEDGE AND AGREE THAT TERMINATION OF THIS AGREEMENT WILL TERMINATE ALL OF YOUR RIGHTS IN THE PAID GOODS AND SERVICES YOU PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DIGITAL GOODS SUCH AS BADGES. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID GOODS AND SERVICES UPON TERMINATION.

(b) Survival. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Termination of this Agreement will not relieve You of Your obligation to pay any amounts owed Digital Salon.

19. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. Digital Salon shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Digital Salon. You agree that any notice received from Digital Salon electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH DIGITAL SALON IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY DIGITAL SALON OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Digital Salon by means of an email to [EMAIL ADDRESS].

20. GENERAL

This Agreement constitutes the entire agreement between Digital Salon and You concerning Your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized executive of Digital Salon or by the unilateral amendment of this Agreement by Digital Salon and by the posting by Digital Salon of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Digital Salon. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Digital Salon are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for Digital Salon and the Digital Salon Parties as and to the extent set forth above, there are no third party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Digital Salon and Digital Salon’s licensors and suppliers, and would therefore entitle Digital Salon or Digital Salon’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.

THE DIGITAL SALON
PO Box 661321
Los Angeles, CA 90066
info@makeherhot.com

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