Effective Date: May 17, 2017
Eyelashr Services provide a platform which allows you to connect with skilled eyelash extension professionals in your area and facilitates scheduling, logistics, and payment. You acknowledge that Eyelashr simply provides services to facilitate a booking between the Stylist and yourself.
It is important that you carefully read and understand the terms and conditions of this Agreement. By accessing the Eyelashr Services or downloading the applications, you are providing your consent to abide by this Agreement. If you do not agree to these terms and conditions of the Agreement, you are not authorized to use this Eyelashr Services and we ask that you cease any use of the Eyelashr Services.
Please note that this Agreement contains disclaimers of warranties and limitations on liability that may limit your legal rights.
1. Right to Change Terms. We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Agreement; (b) change the Eyelashr Services, including eliminating or discontinuing any feature of the Eyelashr Services; or (c) deny or terminate your use of and/or access to the Eyelashr Services.
a. Any changes we make will be effective immediately upon our making such changes available on the Eyelashr Services, with or without additional notice to you. You agree that your continued use of the Eyelashr Services after such changes constitutes your acceptance of such changes.
c. Be sure to return to this page (https://eyelashr.com/terms-of-use) periodically to ensure familiarity with the most current version of this Agreement.
2. Permitted Uses.
a. License. Subject to your full compliance with this Agreement, Eyelashr grants you a non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Eyelashr Services solely for your personal use.
b. Private Use. The services made available on, by or through the Eyelashr Services, as well as any information provided on, by or through the Eyelashr Services are provided for personal use only and not for any for-profit or commercial activities.
c. Reproduction. Without the express written consent of Eyelashr, no information or any other Eyelashr materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as part of the functionality built in and authorized by the Eyelashr Services.
d. Unauthorized Use. You understand and agree that you may not authorize any information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Eyelashr Services. Failure to abide by these conditions will immediately terminate permission to use the Eyelashr Services and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Eyelashr or others.
4. Stylists. You understand that all of the stylists booked through Eyelashr Services (“ Stylists”) are independent contractors that you are contracting with directly. Stylists are required to maintain all licenses and accreditations required in the state and city in which the Stylist is accepting bookings.
5. Special Event. If you are a Texas resident, you agree that you are booking eyelash extension services in preparation for and at the location of a special event. Section 1602.407 of the Regulations of Cosmetology Occupations Code permits an individual to perform a service within the scope of their license at a location other than a licensed facility for a client “in preparation for and at the location of a special event, including a wedding” if the appointment to perform the service was made through a licensed facility. Eyelashr, LLC has an “Eyelash Extension Specialty” licensed facility license through the state of Texas that all appointments for Texas are being booked through. Eyelashr does not discriminate on what you consider a special event. Your special event maybe that you are getting lash extension services in preparation for a special event where you want to look and feel good at the location you are requesting services for or it may be for a wedding or cultural event or anything else you decide it to be, the choice is yours as to what a special event is.
6. Cancelations & Rescheduling Fees.
a. Cancellation. You understand that there is no fee if a booking is cancelled at least 24 hours ahead of a scheduled appointment time. A cancellation fee of $75 will be charged if you cancel between 1 hour and 24 hours ahead of a scheduled appointment time. No refund is offered if you cancel within 1 hour of a scheduled appointment time.
b. Reschedule. There is no fee if rescheduled at least 24 hours ahead of a scheduled appointment time. A reschedule fee of $50 will be charged if you reschedule between 1 hour and 24 hours ahead of a scheduled appointment time. Appointments may not be rescheduled within one hour.
7. Photography & Content. As part of any delivery of Eyelashr Services, you will be asked to have photographs or video taken before the stylist applies lash extensions and after the stylist completes the lash application. You hereby grant to Eyelashr the right to include your name, photo, video and likeness in the Eyelashr Services marketing materials and in other areas Eyelashr decides to use the content.
8. IP Ownership.
a. Eyelashr Copyright. The Eyelashr Services is owned and operated by Eyelashr, and any intellectual property and other rights relating thereto is and will remain the property of Eyelashr. The Eyelashr Services is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Eyelashr Services without our prior written permission. The Eyelashr Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Eyelashr. Use of the Eyelashr Services for any other purpose is strictly prohibited.
b. Eyelashr Trademarks. The trademarks and logos displayed on the Eyelashr Services (collectively, the ” Trademarks“) are the registered and unregistered trademarks of Eyelashr. EYELASHRÔ is a trademark of Eyelashr, LLC. Nothing contained in this Agreement or the Eyelashr Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Eyelashr, except as set forth in this section. You acknowledge and agree that all rights in and to the Eyelashr trademarks are our exclusive property, and any goodwill generated by your use of any Eyelashr trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Eyelashr trademark.
9. Copyright Policy.
a. DMCA Policy. Eyelashr respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Eyelashr will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.
b. Takedown Requests. If you believe any content posted or made available on the Eyelashr Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Eyelashr’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Eyelashr Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
c. Notice Address. Notice may be provided at:
13450 Katy Knoll Ct
Houston, Texas, 77082
Attention: Legal Department
10. No Use by Children. You hereby affirm that you are over the age of 12, as this Eyelashr Services is not intended for children under 13. If you are under 13 years of age, then you may not use the Eyelashr Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
11. Term & Termination. This Agreement is effective from the date that you first access the Eyelashr Services and shall remain effective until terminated in accordance with its terms. Eyelashr may immediately terminate this Agreement, and/or your access to and use of the Eyelashr Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. You understand that Eyelashr may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Eyelashr. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Eyelashr Services shall immediately cease, and you shall destroy all copies of information that you have obtained from the Eyelashr Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Eyelashr rights of ownership shall survive any termination.
THE EYELASHR SERVICES, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
13. Limitation of Liability.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER EYELASHR NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR EYELASHR’S DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE EYELASHR SERVICES, INFORMATION, SERVICES AND/OR ANY LINKED EYELASHR SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS EYELASHR SERVICES, THE INFORMATION, SERVICES, OR ANY LINKED EYELASHR SERVICES IS TO STOP USING THE EYELASHR SERVICES, SERVICE, OR LINKED WEBSITE, AS APPLICABLE.
14. Indemnification. You agree to fully indemnify, defend, and hold Eyelashr, agents, successors, and assigns and Eyelashr’s directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Eyelashr Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Eyelashr Services or other websites to which the Eyelashr Services is linked; and/or (d) your negligence or willful misconduct.
15. Notice. By use of the Eyelashr Services, you consent to receive electronic communications from Eyelashr. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Agreement or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for the Eyelashr Services. Any notice to Eyelashr will be provided by both (a) sending an email to firstname.lastname@example.org; and (b) providing a copy by certified mail, return receipt requested to:
13450 Katy Knoll Ct
Houston, Texas, 77082
Attention: Legal Department
16. No Waiver. No delay or omission by either party in exercising any rights under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.
17. Assignment. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Eyelashr’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Eyelashr may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
18. Mediation and Arbitration. Any controversy between the Parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide.
19. Governing Law & Venue. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. The courts Houston, Texas shall be the exclusive forum for any mediation, arbitration, litigation or dispute.
20. Enforceability. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Effective November 15, 2017.
Last modified as of November 15, 2017.