Terms & Conditions
Last Updated: December 21, 2014
Welcome to bfab mobile device application (the “App”) and website located at www.bfabmobile.com (the “Site”). Please review these terms and conditions carefully because they are a legal contract between you and The Lab Blowdry Bar LLC dba bfab (“bfab” or “Us”). By downloading and using the App or using the Site to sign up for and receive services from Us (“the Services”) you agree to these terms and conditions (“the Agreement”). If you do not agree to these terms, please do not use our Services. The Agreement will be governed by the internal laws of the United States and the State of California, other than any choice-of-law doctrine that would result in application of some other law.
We may change our policies or these terms from time to time in our sole discretion. A current version will be posted at wwwbfabmobile.com/terms. If we change our terms or policies in any material respect, we will notify you by posting of an updated version on the Site or App or by email or other means. It is important that you review the terms if we modify them because if you continue to use the Services after we have posted modified terms to the Site or App, you are agreeing to be bound by the modified terms. If you do not agree to the modified terms, you must stop using our Services.
WE DO NOT PROVIDE BEAUTY SERVICES, AND WE ARE NOT A BEAUTY PROVIDER. WE OFFER ONLY THE OPPORTUNITY TO SCHEDULE BEAUTY SERVICES WITH INDEPENDENT BEAUTY PROVIDERS THROUGH THE APP OR THE SITE. THE INDEPENDENT BEAUTY PROVIDERS OFFER BEAUTY SERVICES. WE OFFER INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY BEAUTY SERVICES, BUT WE DO NOT PROVIDE BEAUTY SERVICES OR ACT IN ANY WAY AS A BEAUTY PROVIDER, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY BEAUTY SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Who May Use the Services
We offer the Services to people over the age of 18. Parents or guardians of children can schedule appointments for beauty services for their children, but the Services are not intended for and should not be used by children under 18. By using the Services, you are representing to Us that you are 18 or older.
Registration and Your Information
If you want to access and use the Services, you may be required to create an account (“Account”). You can do this via the App or Site. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by these terms.
You Agree To Pay. You agree to pay, and You authorize our third-party payment processor to charge using your selected payment method, all applicable fees and taxes in connection with your use of the Services. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate your access to the Services if fees are not paid when due.
Cancellation / Refund Policy. Appointments can be cancelled up to 4 hours before the scheduled time at no charge. You will be charged a cancellation fee of 50% for cancellations less than 1 to 4 hours before the scheduled time. Cancellation less than 1 hour will be charged the full 100% fee. If the beauty provider (“Provider”) arrives on time, but you are late or not ready, you may be charged a re-schedule fee of 100% if the Provider must change his or her schedule to accommodate you. If the Provider is more than 25 minutes late for a scheduled appointment, you will receive a discount of 100% on the services. Otherwise, all fees are non-refundable except as required by law. Our current pricing is specified at bfabmobile.com/pricing. We reserve the right to change our pricing and policies. If we do, we will post current prices and policies on the Site. We reserve the right, in our sole discretion, to make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services or Application, as we deem necessary for our business.
Representations and Warranties
You agree to the Services only for your personal use. You may not authorize others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. When using the Services, you agree to comply with all applicable laws, including the laws of your home nation, and the country, state, and city in which you are present while using the Services and where any scheduled beauty services are delivered.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not responsible if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. We reserve the right to terminate your account if you are using the Services with an incompatible or unauthorized device.
By using the Services, you agree that:
License Grant, Restrictions and Copyright Policy
Licenses Granted by Us
Subject to your compliance with the terms and conditions of this Agreement, bfab grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, music, software (excluding the Application), audio, video, information or other materials (collectively, “Content”) that we make available through the Services (including Content that we license from third parties) solely for your personal and non-commercial purposes; and (ii) to view any Content posted by another user to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Application or Content (other than Content you make available through the Services), except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in this Agreement.
License Granted by You
We may, in our sole discretion, permit you and other users to post, upload, publish, submit or transmit Content. By making available any Content on or through the Services or Application, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content only on, through or by means of the Services or Application. We do not claim any ownership rights in any Content that you or other users post, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights granted in this Agreement; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or our use of your Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
License to Use the Application
Subject to your compliance with this Agreement, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
Accessing and Downloading the Application from iTunes
The following applies to any App Store Sourced Application:
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Application in any way; (ii) modify or make derivative works based upon the Services or the Application; (iii) create Internet "links" to the Site or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site or Application, or (c) copy any ideas, features, functions or graphics of the Site or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Site or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Site or its related systems or networks.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that we a have no obligation to monitor your access to or use of the Service, Application or Content or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be in violation of this Agreement or otherwise harmful to the Services.
Intellectual Property Ownership
We (and our licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Application, Site and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application, Site or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application, Site or the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Application, Site and Services are trademarks of bfab or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We and our licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the Services, and in no event shall we or our licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. We provide the Services to you pursuant to these Terms. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and we disclaim any and all responsibility or liability arising from such agreements between you and the third party providers.
We may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. We reserve the right to charge you a higher fee for the Services should you choose not to receive such advertising. This higher fee, if applicable, will be posted on the Site located at [www.bfabmobile.com]. We may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
Disclaimer of Warranties
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). WE AND/OR OUR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE OR IS REFERRED BY THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE QUALITY OF THE BEAUTY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH BEAUTY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO BEAUTY SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICES AT YOUR OWN RISK.
We may give notice by means of a general notice on the Services, electronic mail to your email address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when we receive it) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the following address (whichever is appropriate): 536 Van Buren street Los Altos Ca 94022 USA.
You may not assign this agreement, but we may assign it without your consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and The Lab Blowdry Bar agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes" ) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and bfab are each waiving the right to a trial by jury or to participate as a plaintiff or class representative in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, 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. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 .) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights it may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we 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 set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding anything else in these Terms, if we change this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to [firstname.lastname@example.org]) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, us or any third party provider as a result of this agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms comprise the entire agreement between you and bfab and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.