This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the salon check in and appointment services (the "Services") being offered at the URL: http://www.saloncheckin.com and all affiliated web sites and mobile applications operated by ProPoint Solutions, LLC and its affiliates. (collectively, "ProPoint Site"). As used in this Agreement, "ProPoint" refers to ProPoint Solutions, LLC and any of its subsidiaries and affiliates, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SALONCHECKIN SITE AND APPLICATIONS CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT.
ProPoint may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the ProPoint Site after a change in this Agreement, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. WHAT WE DO: ProPoint provides the Services to USER for the purpose of assisting USER in checking-in or making an appointment (the "reservations") at participating third party barbershops, salons, spas, schools, etc. (each a "Salon"). In response to a USER's online request, the ProPoint Site directly contacts the Salon's computerized wait list or appointment book. The availability is determined at the time of USER's query. Once a reservation is made by USER, ProPoint may provide confirmation of the reservation to USER by email, SMS or mobile app. By using the Services, USER agrees to receive confirmations through the ProPoint Site.
2. NO SHOW POLICY: ProPoint is committed to providing superior quality services to its USERS and salons. To assist us in maintaining a consistently high level of service with the participating Salons and patrons, USERS are asked to cancel any reservation that they will be unable to honor at least 30 minutes in advance on the day of the reservation. You may cancel your reservation online or call the Salon directly. In the case of larger party reservations, where the Salon has requested a credit card, you may be required to cancel your reservation in accordance with that Salon's individual cancellation policy.
If you are unable to keep your reservation and you fail to cancel, ProPoint will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after a Salon and/or the ProPoint Site reports your reservation was not honored, whether or not that was in fact the case. Your ProPoint account may be terminated if you no-show for four reservations within the same twelve-month period. If you receive a no-show confirmation in error, please contact us at email@example.com to dispute it. USER agrees that all final no-show determinations will be made by ProPoint in its sole discretion.
4. USAGE GUIDELINES: The Services are being offered to USER for USER's personal use. USER agrees to use the Services only to book reservations at participating Salons and then honor those reservations by arriving at the Salon(s) on time and paying for services received. USER further agrees not to book more than one (1) reservation for USER's personal use during any one time. Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. ProPoint expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. ProPoint reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations.
5. EMAIL / SMS POLICY: You may receive periodic email and SMS communications from ProPoint if you opted to receive such email and SMS communications at the time of registration. If you would rather not receive email messages from ProPoint, please send an email to firstname.lastname@example.org and you will be unsubscribed from receiving further mailings. If you would rather not receive SMS messages from ProPoint, please send an email to email@example.com and you will be unsubscribed from receiving further SMS messages. USER acknowledges and agrees, however, that USER will still receive reservation confirmation emails, no-show confirmation emails, reservation change confirmation emails, reservation cancellation confirmation emails and other emails relating to reservations booked by USER through the ProPoint Site, even if USER has opted not to receive periodic email from ProPoint.
7. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER: The materials and services provided for and depicted on the ProPoint Sites are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the ProPoint Site ("ProPoint Content") is provided to USER by ProPoint for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the ProPoint Content or any information, software, or services provided by ProPoint hereunder. The ProPoint Content may be modified from time to time by ProPoint in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the ProPoint Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of ProPoint or its licensors in the Services or ProPoint Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of ProPoint or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of ProPoint or its licensors in the Services or ProPoint Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of ProPoint or any third party is granted under this Agreement. USER acknowledges that ProPoint owns all data and information exchanged with the Site or received from USER. USER understands that ProPoint, and any entity working in partnership or jointly with ProPoint, shall have the right to use this data without further obligation to USER.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT: At ProPoint’s invitation, USER may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Salons and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ProPoint reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
If you do submit material, and unless we indicate otherwise, you grant ProPoint a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ProPoint for all claims resulting from content you supply. ProPoint has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by ProPoint in its sole discretion. ProPoint takes no responsibility and assumes no liability for any content submitted by you or any third party.
9. ACCESS AND INTERFERENCE: Much of the information on the ProPoint Site is updated on a real time basis and is proprietary or licensed to ProPoint by its Salons or third parties. By using the ProPoint Site, you agree not to: Use any robot, spider, scraper or other automatic device, process or means to access the ProPoint Site for any purpose without ProPoint’s express written permission. Take any action that imposes or may impose (in ProPoint’s sole discretion) an unreasonable or disproportionately large load on our infrastructure. Implement any manual processes to monitor or copy ProPoint Content from the ProPoint Site without express written permission. Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the ProPoint Site. ProPoint's web content and mobile app content may not be compatible with all systems, browsers, settings, operating systems, etc.
10. LIABILITY LIMITATIONS: IN NO EVENT SHALL PROPOINT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE PROPOINT SITE OR THE PROPOINT CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE PROPOINT SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SALON OR OTHER BUSINESS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE PROPOINT SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE PROPOINT SITE OR THE PROPOINT CONTENT. PROPOINT IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON IN WHICH A USER HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE PROPOINT SITES. PROPOINT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED SALON.
11. DISCLAIMER OF WARRANTY: THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE PROPOINT SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE PROPOINT CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. PROPOINT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE PROPOINT SITE, THE PROPOINT CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
12. LINKS TO THIRD PARTY SITES: The ProPoint Site may contain hypertext links to Web sites operated by parties other than ProPoint. Such hypertext links are provided for USER's reference only and ProPoint does not control such Websites and is not responsible for their content. ProPoint's inclusion of any hypertext links to such Websites does not imply any endorsement of the material on such Web sites or any association with their operators.
13. SEVERABILITY: If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
14. NO ASSIGNMENT: This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by ProPoint.
15. WAIVER: Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and ProPoint must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b)if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and ProPoint, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR ProPoint MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ProPoint will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) ProPoint also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or ProPoint shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/ProPoint customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
Notwithstanding the foregoing, either You or ProPoint may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Delaware. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Delaware in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Delaware. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor ProPoint shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between ProPoint and YOU shall be exclusively brought in the state or federal courts located in Delaware. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.