TERMS OF SERVICE
Welcome to Wolff-Sachs a website located at www.wolffsachs.com (the “Site”) and operated by Wolff-Sachs (“Wolff-Sachs”, “us”, “our”, and “we”). Wolff-Sachs provides the Site to facilitate on-demand and in-home personal care services (collectively, with the Site and Applications, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Agreement.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use our Services if you have been previously removed by Wolff-Sachs, or if you have been previously barred from any of the Services.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The Services are a communications and technology platform that enables users of the Company’s applications, websites and other communications protocols provided as part of the Services (collectively, the “Applications”) to arrange and schedule grooming, stylist and/or barber services with independent third party providers of such services (each such person, a “Third Party Provider”). In addition to referring to such independent third party providers of grooming, stylist and/or barber services as Third Party Providers, we also refer to them as “Wolff-Sachs Barbers”, as discussed below. YOU ACKNOWLEDGE AND AGREE THAT Wolff-Sachs DOES NOT PROVIDE GROOMING, BARBER OR STYLING SERVICES, AND Wolff-Sachs DOES NOT FUNCTION AS AND IS NOT A BARBERSHOP NOR BEAUTY SALON. IT IS UP TO THE GROOMING SPECIALISTS, BARBERS, OR STYLISTS WORKING AS INDEPENDENT CONTRACTORS WITH Wolff-Sachs TO OFFER SUCH SERVICES, WHICH MAY BE SCHEDULED OR MADE AVAILABLE THROUGH USE OF THESE SERVICES.
The Company checks the backgrounds of Third Party Providers via third party background check services. However, each User should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not personally know. BY USING THE SERVICES, YOU AGREE TO HOLD THE COMPANY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY, LOSS OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES OR GOODS PROVIDED BY ANY THIRD PARTY PROVIDER.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and as a result federal, state, and local governments; and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Wolff-Sachs and its Service Providers have put in place extensive preventative measures to reduce the spread of COVID-19; however, cannot guarantee any level of non-infection of the COVID-19 virus.
I certify that I am scheduling an essential service as applicable or as defined by my relevant state or local law. I understand that I must comply with local state and safety guidelines and any orders to keep people safe. I certify that I do not currently have or are experiencing any symptoms associated with COVID-19 such as fever, dry cough, or shortness of breath that may potentially expose others.
By accepting these updated terms of service, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I could be exposed to or infected by COVID-19 by requesting service, and that such exposure or infection may result in the possibility of personal injury, illness, permanent disability, or death. I hereby understand and also voluntarily agree to assume all of the foregoing risk of becoming exposed to or infected by COVID-19 from receiving a service, which may result from the actions, omissions, or negligence of myself or others.
I hereby release and hold harmless Wolff-Sachs, its Service Providers, and its Sponsors of all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising from receipt of services. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Wolff-Sachs, its Service Providers, and its Sponsors, whether a COVID-19 infection occurs before, during, or after participation in the Services.
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, American Express, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making an appointment with a service provider, including free promotional hair services Wolff-Sachs may arrange from time to time as part of the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You may purchase cosmetic and lifestyle products and order in-home grooming services by following the directions provided by the Services. By providing us with your credit card number and associated payment information, you agree that Wolff-Sachs is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify Wolff-Sachs of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for in-home grooming appointments (from time to time in our sole discretion, and subject only to the right of service providers to review and accept said pricing changes) by updating the price list included on the Site and Application and without any additional notice to you, provided that any changes will not affect any items or services purchased prior to the notice.
Payment Process. If you order an in-home grooming service, you agree to pay the service provider the then-current applicable service fee listed in the Services or the website of our third party booking agent (“Booking Agent”) as linked to from the Site or Application. We, or our booking agent, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order a product thereafter. All payments to the service providers are non-refundable, except in the event the service provider, or we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Cancellation. You may elect to cancel your request for services or goods from a Third Party Provider (a “Cancellation”) at any time prior to such Third Party Provider’s arrival, in which case you will be charged a cancellation fee if such cancellation is within four (4) hours of the Third Party Provider’s scheduled arrival time on our Services. If your cancellation is received by our Services more than four (4) hours before the Third Party Provider’s scheduled arrival time on our Services, Wolff-Sachs’s policy is generally you will not be charged a cancellation fee. You may cancel any appointment in accordance with our cancellation policy set forth at wolffsachs.com/faq We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will receive a refund, unless Wolff-Sachs is able to book another service provider acceptable to you during the time scheduled for your appointment. If service providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such appointment. More generally, all refund requests must be submitted within 48 hours of the individual appointment. Any requests more than 48 hours after the individual appointment will not be granted.
Gratuity, Tipping and Services Feedback Policy. The payment structure for our Services which states that tipping is “voluntary”, “not required”, and/or “included” is not intended to suggest that the Company provides any additional amounts to the Third Party Provider, and the payment structure described above is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to evaluate and rate your experience, and leave feedback, about your Third Party Provider.
Referral Credits. We offer credits for referring new users. To qualify for a referral credit, you must refer a new bona fide user who establishes a Wolff-Sachs account and reserves and books an appointment with a service provider within ninety (90) days of signing up for an account. Please note that referral credits are issued only for referrals of brand new users to Wolff-Sachs. Credits are not available for referring previous users of Wolff-Sachs Services. You may earn only one referral bonus per new user referred and you cannot earn a referral credit by referring yourself. We reserve the right to revoke or cancel credits at any time.
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official Wolff-Sachs communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.
Your Responsibilities. As the recipient of in-home grooming services provided by service providers, you agree to assume certain responsibilities. When you book an appointment, you agree to comply with any rules or requirements of the service provider applicable to the service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) create in your home (or other space where our service providers are invited to perform their services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for our service providers to perform their jobs (all as determined in each of our service provider’s sole discretion); (b) provide a workspace that has access to bathroom facilities and is in close proximity to an electrical outlet and a sink with hot and cold running water; and (c) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our service providers are present. If you have pets, you agree to confine all of your pets to a room where our service providers will not be working. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and our service provider) will be present. This is important as the service provider will have equipment that can harm a child and our service provider will be focused on you. Service providers reserve the right to terminate or refuse to provide their services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a service provider feels unsafe or uncomfortable with her in-home work environment or conditions for any reason. You understand, acknowledge and agree that service providers are not employees or agents of Wolff-Sachs, but are independent contractors who operate business enterprises separate and distinct from Wolff-Sachs.
Your representations. If you are utilizing in-home beauty services in the United States you represent that the venue and location you have requested service at is in compliance with all state and local health and safety rules including but not limited to: having fully functioning plumbing; a running water system or a self-contained potable water system not less than 100 gallons, a fully functioning ventilation system, and a non-corrosive container for hair clippings and any waste. If you are utilizing in-home beauty Services in the state of Florida, you represent that the purpose of your request for the Services is in connection with: the motion picture, fashion photography, theatre or TV industry; photography studio salon work, i.e., hair arranging and cosmetics in preparation for a photo session; a special event, e.g. wedding, fashion show or other similar event; a trade show demonstration or educational seminar; or because of ill health you are unable to go to a licensed salon. If you are utilizing in-home beauty Services in the state of California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live demonstrations about products as well as potential purchase of products.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue your access to the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to the Services or any part thereof, except and if otherwise expressly set forth in Section entitled “Term and Termination.”
No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Applications, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not Wolff-Sachs), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License. You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following sets forth our “Acceptable Use Policy”:
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if, we determine in our sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section entitled “Term and Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental requests; (ii) enforce this Agreement; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Wolff-Sachs, its users, employees or the public, and all law enforcement or other government officials, as Wolff-Sachs in its sole discretion believes to be necessary or appropriate.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity. You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Sites, Advertising and Other Users
Third Party Sites, Ads and Ad Networks. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.
Other Users. Each Service user is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, any service provider, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME GROOMING SERVICES PROVIDED BY SERVICE PROVIDERS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE (AND OUR SUPPLIERS), OR THE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID Wolff-Sachs IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
Wolff-Sachs respects the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Consent statement 1….
Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation, enforceability and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or the service providers or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Consumer Arbitration Rules (which can be found here: https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&) (“Rules”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights 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 we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we 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; (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (g) 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, and then in such instance, the fees and costs awarded will be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agrees to submit to the exclusive personal jurisdiction of the courts located within New York, New York solely for such purpose. This shall not be deemed to include disputes regarding the interpretation, enforceability and scope of this arbitration provision and/or the arbitrability of any controversy, dispute, demand, count, claim, or cause of action, which disputes shall be resolved exclusively by the arbitrator. A request for interim measures will not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. In any case in which the dispute is initiated or pursued as a class, collective or representative action, and any part of either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of subpart (a) or (b) that is enforceable shall be enforced in arbitration. Any dispute or claim not covered by this arbitration provision as described herein must be exclusively brought in state or federal court in Miami, Florida.
For more information on AAA, its Rules, 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.
Choice Of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
Address: 4011 Meridian Ave
Miami Beach, FL 33140
Email: [email protected]