Custom Cutz Mobile
Terms of Service for Clients
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN CUSTOM CUTZ MOBILE APP 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.
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 Custom Cutz Mobile that you have full power and authority to do so.
Custom Cutz Mobile may update or change these Terms of Service from time to time and recommends that you review the Terms of Service regularly as posted on Custom Cutz Mobile’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.
User Requirements and Conduct
You agree to abide by the Custom Cutz Mobile policies. Failure to comply or any violation of these terms may result in the permanent loss of access to the Services.
Unaccompanied minor(s) are prohibited from receiving services without a guardian present at all times. In the event the guardian does not remain present within 30 feet for the entirety of the service session, the contractor must vacate the premises immediately and the User will be charged the full amount of the service.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, or third [arties to stand in your behave for minors. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Pro Partners unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage to the Pro Partner. If you request a service option where a Pro Partner/contractor agrees to provide you with assistance outside of the scheduled service location, you acknowledge and agree that neither Custom Cutz Mobile nor the Pro Partner is responsible for any injury or incident that may arise out of the assistance provided by the Pro Partner. In certain instances, you may be asked to provide proof of age, identity, or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or another method of identity verification.
COVID-19 Safety Policy and Measures
Without limiting the requirements and responsibilities set forth above, all recipients acknowledge and agree that the use of our service, as a customer or as a service provider, include a recipient’s responsibility for taking all appropriate health, safety and hygiene measures to protect yourself and other users from the spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions, including without limitation by following all steps.
CUSTOM CUTZ MOBILE may update or supplement this Safety Policy from time to time, including to respond to or incorporate additional or updated guidance from Government or Official Health Organizations, so you must check the Safety Policy frequently and comply with the most recent version of the Safety Policy at the time of your appointment.
For more information on how to keep your home safe, please review the WHO and/or CDC‘s guidance.
CUSTOM CUTZ MOBILE cannot, and does not, guarantee any services or conditions or take any responsibility or liability for (a) a user’s failure to provide safe, healthy, and sanitary services or accommodations for the services, (b) unsafe, unhealthy, or unsanitary conditions even If the Safety Policy is followed, or (c) any spread or potential spread of infectious diseases or conditions or any other unhealthy, unsafe, or unsanitary conditions resulting from use of the Services in any manner.
Cancellation conditions in COVID-19 context
Prior to the arrival of the Pro Partner, the workspace needs to be clean and clear of obstacles, which would impede the Pro Partner from performing the requested service. There should be no small children in the work area of the Pro Partner, which interfere with service. The condition of the service location should be free of trash and clutter and a safe location so as not to restrict service being provided. This also applies to guests, family, or friends of the client and the effects thereof as they are the Sole responsibility of the client. If any of these guidelines are violated or not followed without fault, the Pro Partner reserves the right to remove themselves from the appointment immediately and if safety is a concern, is Required to remove themselves immediately. In any instance where these events become an actualization, this is grounds for account suspension or deactivation.
Custom Cutz Mobile will not tolerate aggressive, belligerent, or vulgar language, inappropriate volumes, smoking, obscene jesting, or drug use of any type during the rendering of services.
These are prohibited in the presence of a Pro Partner and Clientele.
Violation of these terms may result in suspension and/or deactivation of the account for the Pro Partner, user, or both. Custom Cutz Mobile remains committed to a non-hostile environment for all users and as result will take into account any report, concerns, or complaints made by any user. A thorough inspection into any circumstantial findings and claims in rendering services by our Pro Partners and Clientele will be conducted by Custom Cutz Mobile.
Pet/Service Animal Policy
In accordance with Custom Cutz Mobile’s policies on service animals and assistive devices, service animals and pets are generally permitted with notice of their presence in advance. Subject to the discretion of a Pro Partner, this information, including the kind of animal, size, weight, and breed must be disclosed at the time of booking. During the service session, you are responsible for properly securing the animal with a leash, harness, crate/carrier, or through another means in a separate room away from where the service is being provided. Failure to comply before the arrival of the Pro Partner to begin service may result in forfeiture of service appointment by this Pro Partner and a full charge for the service. You are also responsible for ensuring that the animal does not cause damage, or come in contact with the Pro Partner’s property in any way. You may be subject to a Charge for Repair, Replacement, or Cleaning/Sanitation fee(s) for any damage or contact made by an animal that is not properly secured a minimum of 10 minutes before the arrival of the Pro Partner to provide service requested under your Account. (While Custom Cutz Mobile and its subsidiaries, representatives, affiliates, officers, and directors are animal friendly, some of our clients and Pro Partners are severely allergic and may suffer high-risk medical reactions. If this policy is not acknowledged and followed without fault, you are responsible for the medical repercussions). Custom Cutz Mobile will support the Pro Partner removing themselves from the location immediately until a proper inspection is completed.
Text Messaging and Telephone Calls
You agree that Custom Cutz Mobile and its subsidiaries, representatives, affiliates, officers, and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with a Custom Cutz Mobile account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt-out of receiving text messages from Custom Cutz Mobile at any time by replying “STOP”. If you do not choose to opt-out, Custom Cutz Mobile may contact you as outlined in its User Privacy Notice.
You agree that Custom Cutz Mobile may contact you using any of the phone numbers you provided in connection with a Custom Cutz Mobile account or your email address in the case of suspected fraud or unlawful activity including for marketing purposes.
The Custom Cutz Mobile Services
Custom Cutz Mobile is a platform that connects contractors, Cosmetologists, Barbers, and Pro Partners (collectively or individually, “Pro Partners”) providing hair, beauty services (“Styling Services”) with clients seeking such services (“Clients” or “you”). The Pro Partners and Clients are both users of the Services provided by Custom Cutz Mobile and are hereinafter referred to collectively as “Users.”
Custom Cutz Mobile Solely provides a platform for Pro Partners and Clients to connect and serves only as a medium to facilitate the provision of Styling Services. Custom Cutz Mobile does not provide or contract for Styling Services, and Pro Partners and Clients contract independently for the provision of Styling Services. Each Client is Solely responsible for selecting the Pro Partner, the Styling Services to be provided and the location at which Styling Services will be performed providing it meets Company safety standards. Any decision by a Client to receive Styling Services or by a Pro Partner to provide Styling Services is a decision made at such person’s Sole discretion and 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 and Pro Partners.
Custom Cutz Mobile does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Styling Services provided by Pro Partners nor of the integrity, responsibility, or any of the actions or omissions of any Pro Partners or Clients. However, Custom Cutz Mobile will take into account any report, concerns, or complaints made by any User, after a thorough inspection of all findings and/or claims in providing service(s) by our Pro Partners in future service requests.
Custom Cutz Mobile makes no representations or warranties for Styling Services offered or provided by Pro Partners 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 Pro Partner other than the state-mandated registration and certification of licensure. You understand that Custom Cutz Mobile does not screen its Users, inquire into the background of its Users, however, we do verify all information provided by any Pro Partner. Custom Cutz Mobile does verify or confirm that any User is who they claim to be or is accurately representing themselves and does verify before and at the time of service to confirm any representations with respect to Styling Services on the platform. Custom Cutz Mobile does not assume any responsibility for the accuracy or reliability of this information that is not included in the Application or any information provided through the Services.
Notwithstanding the foregoing, Custom Cutz Mobile may check the background and experience of Pro Partners via third-party background check services and first-party interviews, including but not limited to a verification of identity and a criminal background check and first-party interviews. Whether or not Custom Cutz Mobile conducts a background check or first party interview on a Pro Partner, each Client must decide whether a Pro Partner 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.
The Platform & Services
Custom Cutz Mobile operates a multi-sided digital platform that is offered in a number of forms, including mobile and/or web-based applications (“Applications”). Among other things, the Custom Cutz mobile platform enables you to receive: (i) services rendered by Custom Cutz Mobile that facilitate your connection to independent Pro Partners, including Cosmetologists, Barbers, and providers of other beauty services (“Third Party Providers”), for the purchase of hair care and/or beauty services from those Pro Partners; and (ii) any related content or services, including payment processing and customer support. The Custom Cutz Mobile Platform and the Custom Cutz Mobile content or services described in this Section are collectively referred to as “the Services”. Unless otherwise agreed by Custom Cutz Mobile in a separate written agreement with you, the Services are made available Solely for your personal, noncommercial/sublet use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES FROM PRO PARTNERS THROUGH THE USE OF THE CUSTOM CUTZ MOBILE PLATFORM AND SERVICES DOES NOT ESTABLISH CUSTOM CUTZ MOBILE AS A PROVIDER OF SERVICES. USE OF THE CUSTOM CUTZ MOBILE PLATFORM IS ONLY OPEN TO REGISTERED CUSTOMERS OF THE CUSTOM CUTZ MOBILE PLATFORM AND NOT TO THE GENERAL PUBLIC.
YOU ACKNOWLEDGE THAT INDEPENDENT PRO PARTNERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CUSTOM CUTZ MOBILE IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY CUSTOM CUTZ MOBILE, IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT), IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT PRO PARTNERS.
Subject to your compliance with these Terms, Custom Cutz Mobile grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Applications on your personal device Solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case Solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Custom Cutz Mobile and Custom Cutz Mobile’s licensors.
Complete discretion is requested of all Pro Partners at all times when disclosing the address, name, and service or any information about the client not to exclude the services rendered. Any privacy breach is grounds for suspension or account deactivation on a case-by-case basis.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Custom Cutz Mobile; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts to unduly burden or hinder the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Custom Cutz Mobile and not with the App Store and that Custom Cutz Mobile is responsible for the provision of Services as described in this Agreement. However, if you downloaded the Application from the Apple Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
The Services and all rights therein are and shall remain Custom Cutz Mobile’s property or the property of Custom Cutz Mobile’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
You agree that you will not use Custom Cutz Mobile’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“Custom Cutz Mobile’s Marks”), aside from use incidental to your use of the Services, without express, written permission from Custom Cutz Mobile. This prohibition on using Custom Cutz Mobile’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Fees and Payment
Custom Cutz Mobile charges Clients a booking fee for each appointment booked in order to cover the operational costs of providing a smooth booking experience. If you cancel any appointment (regardless of who books the appointment) within the guidelines outlined in the Cancellation Policy located on the Pro Partner’s booking profiles, Custom Cutz Mobile will not refund the booking fee.
Some Pro Partners may require you to enter credit card or other payment information, and such Pro Partners may charge fees for reservations, including canceled and missed appointments. The Pro Partners are only allowed to do so under any policy posted on such Pro Partner’s Custom Cutz Mobile page at the time of your booking. By entering your payment information when requested, you authorize Custom Cutz Mobile and its payment processors to charge and process the fees and charges assessed in connection with your reservations in accordance with the policy described on the Pro Partner’s Custom Cutz Mobile page at the time of your booking. While Custom Cutz Mobile takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Custom Cutz Mobile 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.
If you cancel or don’t show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the Pro Partner posted on such Pro Partner’s Custom Cutz Mobile page at the time of your booking. Custom Cutz Mobile facilitates the payment transaction per these Terms between you and each Pro Pro Partner but is not responsible for mediating any resulting disputes. Custom Cutz Mobile 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 Custom Cutz Mobile, in each case in Custom Cutz Mobile’s Sole discretion.
Although the Services are intended to provide a Pro Partner’s availability in real-time; it is possible that a scheduling conflict may occur that requires the Pro Partner to reschedule your reservation. The creation of a reservation using the Services is a guarantee that the Pro Partner will honor the reservation as scheduled with all possible scenarios. If the Pro Partner is unable to keep the appointment and cancels rather than reschedules, Custom Cutz Mobile will take appropriate action if this becomes a pattern, three (3) times or more.
Custom Cutz Mobile does independently confirm that Pro Partners are licensed to perform the Styling Services offered by them in our application. However, when Pro Partners create accounts with Custom Cutz Mobile, Pro Partners certify to Custom Cutz Mobile that they are a licensed professional, merchant, or other business entity, that they are legally able to provide the Styling Services they offer to Clients in our application, and that their business information is correctly represented on Custom Cutz Mobile. Custom Cutz Mobile 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 at any time.
By creating an account with Custom Cutz Mobile (an “Account”), you are granted a right to use the Services provided by Custom Cutz Mobile subject to the restrictions outlined 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, phone number, and other personal information deemed necessary to provide service, 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 Custom Cutz Mobile (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 deactivate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
Once you register for the Services, you shall create a unique username and password in connection with your Account (collectively referred to herein as “Account”). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Username. Ideally, the Username you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Username if we believe, in our Sole discretion, the Username 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 is similar to the trademark and the Account ID does not closely relate to the User’s actual name or trademark rights).
You agree to maintain your Account Solely for your own use. You agree that you will not allow another person to use your Account to access or use the Services under any circumstances. You are Solely and entirely responsible for maintaining the confidentiality of your Account and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your Account, your disclosure of your Username, or your authorization to allow another person to access or use the Services using your Username. 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 Custom Cutz Mobile 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 Custom Cutz Mobile and/or grant Custom Cutz Mobile 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 Custom Cutz Mobile to pay any fees or making Custom Cutz Mobile subject to any usage limitations imposed by such third-party service providers. By granting Custom Cutz Mobile access to any Third Party Accounts, you understand that (i) Custom Cutz Mobile App 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) Custom Cutz Mobile App 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 Custom Cutz Mobile’s access to such Third-Party Account is deactivated 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. Custom Cutz Mobile makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Custom Cutz Mobile is not responsible for any SNS Content.
The Services may contain links to third-party websites that are not owned or controlled by Custom Cutz Mobile. Custom Cutz Mobile has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Custom Cutz Mobile will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve Custom Cutz Mobile 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 to identify and inform you of those contacts who have also registered to use the Services. At your request made via e-mail to email@example.com, Custom Cutz Mobile will deactivate the connection between the Custom Cutz Mobile Services and your Third-Party Account and any information stored on Custom Cutz Mobile’s servers that were obtained through such Third-Party Account will be hidden, except the username and profile picture associated with your Account.
DEACTIVATION OF ACCOUNTS
Right to Deactivate
Custom Cutz Mobile reserves the right, in its Sole discretion, to deactivate 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 Custom Cutz Mobile, including without limitation the EULA, or Custom Cutz Mobile’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 Custom Cutz Mobile’s Sole discretion.
You may deactivate 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.
If your Account is deactivated 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 Custom Cutz Mobile shall not be liable to you or any third party for termination or suspension of access to the Services or deletion or hiding of your information or account data. You agree that Custom Cutz Mobile 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 before the termination and any other amounts owed by you to us as provided in these Terms of Service.
Custom Cutz Mobile 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 Custom Cutz Mobile’s Sole discretion Fraudulent Actions”). By using the Services, you hereby release Custom Cutz Mobile from any liability arising from Fraudulent Actions. You will also use your best efforts to promptly notify Custom Cutz Mobile of any Fraudulent Actions which may affect the Services. Custom Cutz Mobile reserves the right, in its Sole discretion, to deactivate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
PAYMENT PROCESSING SERVICES
Custom Cutz Mobile’s Role
The Services allow Clients to pay and Pro Partners to accept payments for Grooming Services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc., Visa Inc., or American Express (collectively, the “Networks”) through a payment service provider retained by the Company (the “PSP”). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury.
Custom Cutz Mobile facilitates the processing of payments Pro Partners receive from Clients. This means that we collect, analyze and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company and the PSP.
Within 24 hours after you receive confirmation through the Service or via email that a Styling Service has been completed, you agree to authorize the Company to provide your payment details to the PSP for processing of payments, out of pocket expenses owed to a Pro Partner, any tip or gratuity, if applicable, and the service fees and/or booking fees owed to Company for the use of the Service. You may be charged a cancellation fee through the PSP if you book a Styling Service, but cancel it before it is completed.
Third-Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company and the PSP. As a condition of Custom Cutz Mobile enabling payment processing services through the PSP, which may include Stripe, you agree to provide Custom Cutz Mobile accurate and complete information about you and/or your business, and you authorize Custom Cutz Mobile to share it and transaction information related to your use of the PSP services.
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 Custom Cutz Mobile enabling payment processing services through Stripe, you agree to provide Custom Cutz Mobile with accurate and complete information about you, and you authorize Custom Cutz Mobile to share it and transaction information related to your use of the payment processing services provided by Stripe.
The 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.
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 Custom Cutz Mobile agreement, or that it exposes Pro Partners, other Custom Cutz Mobile Users, the PSP or Custom Cutz Mobile to harm. Harm includes fraud and other criminal acts as determined by Custom Cutz Mobile at 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 Pro Partner until such transaction and/or account has been cleared by Custom Cutz Mobile, in its Sole discretion. If you do not comply with Custom Cutz Mobile’s request for information and assistance according to this Section, Custom Cutz Mobile 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 Custom Cutz Mobile. If your access to or use of the Services has been restricted or deactivated by Custom Cutz Mobile, you may not register a new Custom Cutz Mobile App account or attempt to access and use the Services through the Custom Cutz Mobile account of another User.
Custom Cutz Mobile works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards (“Cards”) with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive authorization from the applicable Network and Card issuer.
Custom Cutz Mobile Fees
If applicable, you agree to pay the applicable fees, 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.
Pro Partners, as a separate entity from Custom Cutz Mobile, are Solely responsible for all customer service issues relating to such Pro Partner’s goods or services, including without limitation, any Styling Services, pricing, order fulfillment, order or appointment cancellation, returns, refunds, and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Pro Partner, any personnel, their policies or processes. As between Clients and Custom Cutz Mobile, Custom Cutz Mobile is Solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
Pro Partner’s Loyalty Programs
Pro Partners may offer loyalty programs to Clients. If a Pro Partner offers such a loyalty program, the Pro Partner (and not Custom Cutz Mobile) 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 Pro Partners agree to make available to Clients any terms and conditions applicable to such Pro Partner’s loyalty program.
Custom Cutz Mobile may offer gift cards that the Client can use to purchase Styling Services from a specific Pro Partner (“Gift Cards”). Custom Cutz Mobile offers this service as a convenience to Pro Partners and Clients and is not the merchant of record of any Gift Card, nor is it responsible for any matter in connection with the redemption of any Gift Card. Custom Cutz Mobile 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 Pro Partner, as may be required by law). Neither Custom Cutz Mobile nor Pro Partner is responsible for any lost or stolen Gift Cards or use without the Client’s permission. Custom Cutz Mobile 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 Custom Cutz Mobile’s standard payment processing system.
Use of 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 Custom Cutz Mobile shall not be responsible to you or others for any such interruptions, errors, or problems or an outright discontinuance of the Services. Custom Cutz Mobile 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 Custom Cutz Mobile community, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about Custom Cutz Mobile App, 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 Custom Cutz Mobile safe and spam-free, but can’t guarantee it. 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 Custom Cutz Mobile to do anything unlawful, misleading, malicious, or discriminatory.
do anything that could disable, overburden, or impair the proper working of Custom Cutz Mobile 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 application is 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 do 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.
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.
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.
To operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading, or submitting to Custom Cutz Mobile, or making available for inclusion in publicly accessible areas of Custom Cutz Mobile, 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 Custom Cutz Mobile 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 Custom Cutz Mobile and will deactivate at the time such Content is removed from the Services by you or by Custom Cutz Mobile; provided that the license will not deactivate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that Custom Cutz Mobile 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. Custom Cutz Mobile reserves the right to remove or hide or change any images without notice.
When you delete Content, it is deleted like 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 that 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 for 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 deactivate 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 provide the following information to the Company’s copyright agent via email to firstname.lastname@example.org:
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 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 Custom Cutz Mobile and will be designed to inform Clients of how to get more value from the Services.
As part of the Services, the Company offers Pro Partners 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 Pro Partner represents that it has permission from each Client to send SMS and email notifications and that each Pro Partner takes full responsibility for adhering to each Client’s preference for 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 CUSTOM CUTZ MOBILE TO SEND YOU INFORMATION WE THINK MAY BE OF INTEREST TO YOU, WHICH MAY INCLUDE CUSTOM CUTZ MOBILE USING AUTOMATED DIALING TECHNOLOGY TO TEXT YOU AT THE WIRELESS NUMBER YOU PROVIDED, AND YOU AGREE TO RECEIVE COMMUNICATIONS FROM CUSTOM CUTZ MOBILE. You understand that you are not required to provide this consent as a condition of using our Services and may opt-out of receiving auto-dialed text messages from Custom Cutz Mobile at any time. The following guidelines apply to the Company’s short code text messaging service:
When Users opt-in to the service, we will send you an SMS message to confirm your signup.
You can cancel the SMS service at any time. Just text “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We can deliver messages to the following mobile phone carriers:
As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
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 PRO PARTNERS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF STYLING SERVICES. CUSTOM CUTZ MOBILE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. CUSTOM CUTZ MOBILE 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 STYLING 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 CUSTOM CUTZ MOBILE’S CONTROL (SUCH AS THIRD-PARTY SERVERS). CUSTOM CUTZ MOBILE 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. CUSTOM CUTZ MOBILE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PRO 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.
CUSTOM CUTZ MOBILE 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.
CUSTOM CUTZ MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF STYLING SERVICES OFFERED OR PROVIDED BY PRO PARTNERS 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.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUSTOM CUTZ MOBILE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PRO 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) STYLING 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.
CUSTOM CUTZ MOBILE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE CUSTOM CUTZ MOBILE IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PRO PARTNERS AND CLIENTS OR IN THE PROVISION OF ANY STYLING SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE CUSTOM CUTZ MOBILE 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 STYLING SERVICES OR OTHERWISE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, Pro 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) Styling 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.
To expedite resolution and the cost of any dispute, controversy, or claim related to these Terms of Service (“Dispute”), you and Custom Cutz Mobile 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 Custom Cutz Mobile. Custom Cutz Mobile’s address for such notices is Custom Cutz Mobile, Attention: Agent of service.
If you and Custom Cutz Mobile are unable to resolve a Dispute through informal negotiations, all claims arising from the 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 rules of the International Arbitration Center (“IAC”) and, where appropriate, the IAC’s Supplementary Procedures, both of which are available at the IAC website www.jamsadr.com. Your arbitration fees and your share of arbitrator compensation will be governed by the IAC Rules (and, where appropriate, limited by the IAC Consumer Rules). If your claim for damages does not exceed USD 10,000, Custom Cutz Mobile 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 outlined 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 decide 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 Custom Cutz Mobile App 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.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding
You and Custom Cutz Mobile App agree that any arbitration will be limited to the Dispute between Custom Cutz Mobile and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CUSTOM CUTZ MOBILE APP 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 Custom Cutz Mobile 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
The arbitration will take place in Denver, CO. You and Custom Cutz Mobile 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 Colorado State and Federal Courts located in Denver, CO have exclusive jurisdiction and you and Custom Cutz Mobile 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 Custom Cutz Mobile 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 Custom Cutz Mobile at Custom Cutz Mobile, Attention:Agent of service, 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.
You and Custom Cutz Mobile 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 the Section above, if any portion of the Section above 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” is found to be illegal or unenforceable, neither you nor Custom Cutz Mobile 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 Colorado, and you and Custom Cutz Mobile 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 Colorado, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 15 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and 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.