Welcome to Instyleversity, a website located at www.instyleversity.com (the “Site”) (“Instyleversity”, “I”, “my”, and “me”). Instyleversity provides the Site, and services provided through the Site including on demand and in-home styling Services and the ability to purchase products. 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 me (“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 or book an appointment 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. I may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use my Services if you have been previously removed by Instyleversity, 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 me of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. I cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Ordering Services. You must provide me with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”), or valid PayPal credentials (issued by PayPal)(“Payment Provider”) as a condition to signing up for the Services, including free 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. By providing me with your credit card number and associated payment information, you agree that Instyleversity is authorized to immediately invoice your Account for all fees and charges due and payable to me hereunder and that no additional notice or consent is required. You agree to immediately notify Instyleversity of any change in your billing address or the credit card used for payment hereunder. I may change the pricing for the Services (from time to time in my sole discretion) by updating the price list included in the Services and without any additional notice to you, provided that any changes will not affect any Services purchased prior to the notice.
Payment Process. If you order an in-home Styling Service or any product, you agree to pay the then-current applicable Service fee listed in the Services or the website of my third party booking agent (“Booking Agent”) as linked to from the Site or Application. I, or my booking agent, will automatically bill your credit card submitted in ordering the Service on the date the Service is ordered, and each time you book an appointment thereafter. All payments are non-refundable, except in the event I 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, I may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Cancellation. You may cancel any appointment in accordance with our cancellation policy set forth at https://instyleversity.com/faq/. I reserve the right to cancel free Services at any time for any reason. No credits or promotional value adjustments will be made in the event I cancel a free Service. If I cancel or terminate a paid Service for any reason, we may, in our sole discretion, issue you a refund of any fees pre-paid for such Service.
Promotional Codes. I 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 I establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms I 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 Service visit, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official Instyleversity 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 re-distribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by me; (iii) Promo Codes may be disabled by me at any time for any reason without liability to me; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that I 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. I 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 I determine in my sole discretion that the use or redemption of the Promo Code in question 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 in your Account to purchase Services, no further promotional value adjustments will be issued for any reason, including but not limited to, dissatisfaction with the Services.
Your Responsibilities. As the recipient of in-home or virtual styling Services, you agree to assume certain responsibilities. When you purchase in-home or virtual Services, you agree to comply with any rules or requirements 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 stylists are invited to perform the Services) a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for me to perform their jobs (all as determined in each of my sole discretion); (b) 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 I am present. If you have pets, you agree to confine all of your pets to a room where I 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 I) will be present. I reserve the right to terminate or refuse Services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if I feel unsafe or uncomfortable with the in-home or virtual work environment or conditions for any reason.
Rights and Licenses
License to Use Site. i 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. You further agree that you will not seek to hire or otherwise engage with me for future Services unless you purchase the in-home Services directly from me.
Modification. I reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that I will not be liable to you or to any third party for any modification, suspension, or discontinuance of 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 are owned by me. 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. I 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 I have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you agree that I may use and reproduce the User Content you make available on my 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 Insyleversity), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. I am 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 me 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 I 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. I reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in my sole discretion if, I determine in my sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise created liability for me 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. I am entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in my possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (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 Instyleversity, its users, employees or the public, and all enforcement or other government officials, as Instyleversity in its sole discretion believes to be necessary or appropriate.
Feedback. If you provide me with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to me all rights in the Feedback and agree that I will have the right to use such Feedback and related information in any manner I deem appropriate. I will treat any Feedback you provide to me as non-confidential and non-proprietary. You agree that you will not submit to me any information or ideas that you consider to be confidential or proprietary.
Indemnity. You agree to indemnify and hold me (and my 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. I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me and you agree to cooperate with my defense of these claims. You agree not to settle any matter without our prior written consent. I 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 my control and I am not responsible for any Third Party Sites & Ads. I 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. I may also work with advertising partners that may deliver advertisements to you on or off my 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 I do not control User Content, you acknowledge and agree that I are not responsible for any User Content and I make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and I 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 I 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, I am under no obligation to become involved.
Release. You hereby release and forever discharge me (and my 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, 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.”
Limitation on Liability
IN NO EVENT WILL I (AND MY SUPPLIERS) 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 I 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, MY LIABILITY (AND THAT OF MY 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 INSTYLEVERSIITY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT MY 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. I 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 my live databases. I 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.
Changes to Agreement. This Agreement is subject to occasional revision, and if I make any substantial changes, I may notify you by sending you an e-mail to the last e-mail address you provided to me (if any) and/or by prominently posting notice of the changes on my Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following my dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following my posting of notice of the changes on my Site. These changes will be effective immediately for new users of our Services. You are responsible for providing me with your most current e-mail address. In the event that the last e-mail address that you have provided me is not valid, or for any reason is not capable of delivering to you the notice described above, my dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of my 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.
Entire Agreement. This Agreement constitutes the entire agreement between you and I regarding the use of the Services. My 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 me 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.