Terms of service.
Last updated as of June 4, 2021
Welcome to ClipDart! ClipDart provides a mobile application (“App”) which facilitates connections between barbers looking to provide, and clients seeking to obtain haircutting services. This Terms of Use Agreement (“Agreement”) governs your use of the App, the clipdart.com website and any other website of ClipDart, its affiliates and agents (the “Website”), and any service, content and resources available or enabled via our App or Website (collectively the “Platform”). PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND CLIPDART, INC. (“CLIPDART,” “WE,” “US” OR “OUR”).
SECTION 19 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 19 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT IF YOU DESIRE TO DO SO.
By clicking on the “I ACCEPT” button, completing the registration process, accessing or using the Website, registering an account or accessing or using any content, information, services, features, or resources available or enabled via the Platform, or taking any action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Platform; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally. The term “you” or “User” refers to the individual identified as the user when you register on the Platform, whether as a “Platform User” or “Barber” (as defined in Section 1 below). Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Platform.
Your use of the Platform is also subject to any additional terms, conditions and policies that we separately post on the Platform and any agreements that you have separately executed with ClipDart (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
You further understand that ClipDart does not itself provide the Personal Care Services, and has no responsibility or liability for the acts or omissions of any Barber or Platform User. ClipDart will not assess or guarantee the suitability, legality or ability of any Barber or Platform User. You agree that ClipDart is not responsible for any Barber’s performance of Platform Service, and does not verify any user’s compliance with applicable laws or regulations. ClipDart has no responsibility or liability for acts or omissions by any Barber or Platform User.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY CLIPDART IN ITS SOLE DISCRETION AT ANY TIME. ClipDart reserves the right to modify this Agreement or its policies relating to the Platform at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Platform. You should regularly review this Agreement, as your continued use of the Platform after any such changes constitutes your agreement to such changes.
Personal Care Services
How ClipDart’s Platform Works. The Platform facilitates connections between clients (“Platform Users”) seeking to obtain haircutting services, and barbers (each, a “Barber” and collectively, the “Barbers”) seeking to provide grooming, styling, or haircutting services (the “Personal Care Services”) at a time and location mutually agreed upon by the parties. Platform Users can book Personal Care Services through the Platform (each an “Appointment). Barbers travel to Platform Users for each Appointment and bring all necessary haircutting supplies. Please review our FAQs here for more details on the Personal Care Services. ClipDart’s responsibilities to Users is limited to providing the Platform to connect Platform Users with Barbers to receive, and perform Personal Care Services.
The Personal Care Services. As a Platform User, you may request an Appointment for Personal Care Services as a single user (“Single Appointment”), or as part of a group (“Group”) whereby a barber provides Personal Care Services for multiple Platform Users (“Group Appointment”). Platform Users may create and/or join groups to reserve a Group Appointment for multiple Platform Users. Groups formed in connection with reserving Group Appointments may be public or private. The group’s founder will be deemed the “Group Leader” and shall select the group name, date, time, location, and Barber. The Group Leader may invite additional Platform Users to join, or alternatively may elect for a public group and allow additional Platform Users to join at their option. Each individual User in a Group may select his or her own Personal Care Services. Once a single user or a Group Leader provides a date, time, location and the Personal Care Services requested, ClipDart may suggest Barbers nearby. Platform Users (including Group Leaders) may select a recommended Barber, or select from any other Barber on the Platform. To learn more about starting or joining a group, please visit our Website.
PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM IS INTENDED TO BE USED TO FACILITATE THE CONNECTION OF PLATFORM USERS AND BARBERS FOR THE PURPOSES OF ARRANGING PLATFORM SERVICES THROUGH THE PLATFORM, BUT YOU AGREE THAT CLIPDART HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HAIRCUT EXPERIENCE OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ANY PLATFORM SERVICES ARE PROVIDED BY BARBERS AND NOT BY CLIPDART, AND PLATFORM USERS ACCEPT PLATFORM SERVICES AT A PLATFORM USER’S OWN RISK. PLATFORM USERS ARE SOLELY RESPONSIBLE FOR OBTAINING INSURANCE COVERAGE SUFFICIENT TO PROTECT THEMSELVES, THEIR HOMES, AND/OR PERSONAL PROPERTY AS APPLICABLE.
BARBERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF CLIPDART. CLIPDART DOES NOT PERFORM THE PLATFORM SERVICES AND DOES NOT EMPLOY OR ENGAGE BARBERS TO PERFORM SUCH OBLIGATIONS. PLATFORM USERS HEREBY ACKNOWLEDGE THAT CLIPDART DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR PLATFORM SERVICES BUT MAY MONITOR AND FACILITATE PLATFORM SERVICES BOOKED THROUGH THE PLATFORM.
Use of the Platform. The Platform, and any parts thereof, are protected by copyright laws throughout the world. Subject to this Agreement, ClipDart grants you the right to access and use the features and functionality of the Platform, as well as a limited license to use the Platform to provide or reserve Personal Care Services. Unless otherwise specified by ClipDart in a separate license, your right to use the Platform is subject to this Agreement.
App License. Subject to your compliance with the Agreement, ClipDart grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device, platform or computer that you own or control and to run such copy of the App for the sole purpose of providing and reserving Personal Care Services. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Furthermore, with respect to any App accessed through or downloaded from Google Play (a “Google Play Sourced Application”), you may have additional license rights and/or restrictions with respect to use of the App.
Updates and Modifications. ClipDart may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Platform (“Updates”). These Updates may be automatically implemented without providing any additional notice or receiving any additional consent. Under this Agreement, you consent to these automatic updates. If you do not want such Updates, your exclusive remedy is to terminate your Account (as defined below). If you do not terminate your Account, you will receive Updates automatically. Your continued use of the Platform is your agreement to this Agreement with respect to the Platform, including all updates. ClipDart reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. We will have no liability on account of any change to the Platform or any suspension or termination of your access to or use of the Platform.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Platform or any portion of the Platform; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, or logo (including images, text, page layout or form) of ClipDart; (c) you shall not use any metatags or other “hidden text” using ClipDart's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website 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); (f) you shall not access the Platform to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Platform; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Platform or use the Platform in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Platform, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Platform, or interfering or attempting to interfere with use of the Platform by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Platform. Any unauthorized use of the Platform terminates the licenses granted by ClipDart pursuant to this Agreement. Any future release, Update or other addition to the Platform shall be subject to the Agreement. ClipDart, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use, or suspected unauthorized user, of the Platform terminates the rights and licenses granted by ClipDart pursuant to the Agreement. You agree to indemnify “ClipDart Parties” (as defined in Section 13 below) in the event of any claims against ClipDart based on or arising from your violation of the foregoing.
Registration.
Registering Your Account. In order to access the features of the Platform, including booking the Personal Care Services, you are required to become a Registered User. For purposes of the Agreement, a “Registered User” is a Platform User or Barber who has registered an account on the Platform (“Account”).
Registration Data. In registering an Account through the Platform, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Platform by minors. You may not share your Account or password with anyone, and you agree to (x) notify ClipDart immediately of any unauthorized use of your password or any other breach of security; and (y) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or ClipDart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ClipDart has the right to suspend or terminate your Account at any time for any reason or for no reason and refuse any and all current or future use of the Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the Platform if you have been previously removed by ClipDart, or if you have been previously banned from the Platform.
Location Based Services. Upon registering an Account, the App may enable ClipDart to access your location in order to suggest Barbers and Groups nearby based on your location (“Location-based Services”). If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Platform or Personal Care Services. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Platform; (ii) ClipDart may provide Location-based Services related to and based on your then-current location; and (iii) ClipDart may use any such information collected in connection with provision of the Platform.
Necessary Equipment. In order to provide the Personal Care Services, you must provide certain tools and equipment required for providing haircuts (“Required Tools, Equipment & Facilities”), including, but not limited to, scissors, combs, electric clippers, and a motor vehicle (or alternative mode of transportation) to provide transport to and from each Appointment reserved through the Platform. In order for Barbers or Platform Users to use the Platform, you must provide all equipment and software necessary to connect to the Platform, including but not limited to, a mobile device that is suitable to connect with and use the Platform. You are solely responsible for any fees for any third-party platforms, Internet connection or mobile fees, that you incur when accessing the Platform.
Fees and Purchase Terms.
Payment Terms for Barbers. Please refer to our Website for information on fees payable to Barbers (the “Barber Fee”). As a Barber, you must provide a valid method of accepting payment (“Payment Acceptance Method”), such as a bank account. You must keep your Payment Acceptance Method current in order to receive payment from us. Failure to update your Payment Acceptance Method may result in a delay in payment to you until such information is updated on the Platform.
Payment Terms for Platform Users. Platform User agrees to pay all fees associated with Platform User’s Account, including but not limited to any applicable Cancellation Fees (as defined below) (collectively “Fees”). Upon reserving an Appointment on the Platform, ClipDart may pre-authorize your Payment Method (as defined below). You, as a Platform User, agree to pay the Fees in connection with your Account. Further, gratuity may or may not be included depending on your Group’s size. If gratuity is not included, you may elect to tip the Barber, but you acknowledge that ClipDart does not mandate any such tip or gratuity. You hereby agree to pay the amount you authorize as a tip for the applicable Barber. You, as a Platform User, will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless ClipDart from any and all taxes, including sales tax, based on any payments made by you via the Platform. ClipDart does not make any representation or render any advice as to the potential tax implications of any payments made via the Platform, and you should consult your tax professional with regard to the same. Except as otherwise set forth herein or agreed to by ClipDart, all fees paid by Platform Users are non-refundable.
Cancellation Fee. The fees associated with cancellation of any Personal Care Services (“Cancellation Fees”) for Platform Users or for Barbers are set forth on our Website.
Deactivating Account. You may deactivate your Account at any time by submitting a support ticket within the App interface or Website, and requesting that your Account be deactivated, or upon written notice of deactivation to ClipDart at help@clipdart.com (to “Deactivate” or the act of “Deactivation”). Such Deactivation shall terminate your Account and immediately suspend all upcoming Appointments that are scheduled to occur after such notice of Deactivation is sent to ClipDart. We will charge your credit card or other preferred Payment Method for any applicable Cancellation Fees or any other outstanding Fees in connection with your Account after such written notice to Deactivate. You must create a new Account to make future Appointments after Deactivation.
Third Party Payment Method. ClipDart uses Stripe (“Stripe”) as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By reserving the Personal Care Services, you agree to be bound by the Stripe Privacy Policy: https://stripe.com/privacy, and hereby consent and authorize ClipDart and Stripe to share any information and payment instructions you provide with third party service provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or to Stripe must be accurate, current, and complete. By requesting any Personal Care Services, you authorize ClipDart to charge your payment card (“Payment Method”) in accordance with this Section 4. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD USED TO PAY ANY FEES AND THAT YOU WILL NOT USE ANY PAYMENT METHOD UNLESS YOU ARE AUTHORIZED TO DO SO. As a Platform User, you agree to pay all charges incurred through your Account.
Promotions. Any promotions that provide access to the Platform, discounted Personal Care Services, or credits toward Personal Care Services must be used within the specified time of the trial or promotion. At the end of the specified period, your use of that Platform Service will expire and any further use of the Platform is prohibited unless you pay all applicable Fees.
Referrals. You may be able to refer a Barber or potential Platform User. For more information on our referral offerings, please review our Website. If you refer a Barber or potential Platform User, we may in our sole discretion, award you credits (“Credits”) in connection with your account to use toward future Personal Care Services. Credits may not be resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Credits are not returnable or refundable for cash except in states where required by law. Credits may not be sold or bartered to third parties. Credits do not expire.
CONTENT.
Types of Content. You acknowledge that all information supplied in and on the Platform (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not ClipDart, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Platform (“Your Content”), and that you and other Users, and not ClipDart, are similarly responsible for all Content that you and they Make Available through the Platform (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that ClipDart has no obligation to pre-screen Content (including, but not limited to, User Content), although ClipDart reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation email communications. In the event that ClipDart pre-screens, refuses or removes any Content, you acknowledge that ClipDart will do so for ClipDart’s benefit, not yours. Without limiting the foregoing, ClipDart shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by ClipDart in writing elsewhere, ClipDart has no obligation to store any of Your Content that you Make Available on the Platform. ClipDart has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Platform. You may be able to restrict certain access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. You agree that ClipDart retains the right to create reasonable limits on ClipDart’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Platform and as otherwise determined by ClipDart in its sole discretion.
Ownership AND INTELLECTUAL PROPERTY.
Platform. You agree that ClipDart and its suppliers own all rights, title and interest in the Platform, and all parts thereof. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
Trademarks. “ClipDart” and other related graphics, logos, service marks and trade names used on or in connection with the Platform, and the Personal Care Services, are the trademarks of ClipDart and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Platform are the property of their respective owners.
ClipDart Content. You agree that you have no right or title in or to any ClipDart Content that appears on or in the Platform.
Your Content. ClipDart does not claim ownership of Your Content. However, when you as a User post or publish Your Content on the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to your Content. You grant ClipDart a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, host, display, publish, license, distribute, reproduce, modify and adapt Your Content (in whole or in part) for the purposes of operating, providing, developing and improving the Platform to you and to our other Users; as well as researching and developing new services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not ClipDart, are responsible for all of Your Content that you Make Available on the Platform.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by ClipDart in our sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to ClipDart through its suggestion, feedback, wiki, forum or similar pages or via email (“Feedback”) is at your own risk and that ClipDart has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ClipDart a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Platform. You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“Name and Likeness”), the foregoing license granted by you will automatically be deemed to cover and extend our use of your Name and Likeness in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
USER CONDUCT.
User Conduct Guidelines. ClipDart maintains user conduct guidelines to govern Users’ conduct on the Platform. Please find our User guidelines here.
Prohibitions on Use. As a condition of use, you agree not to use the Platform for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through the Platform that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) impersonates any person or entity, including any employee or representative of ClipDart; or (vi) interferes with or attempts to interfere with the proper functioning of the Platform or uses the Platform in any way not expressly permitted by the Agreement.
THIRD-PARTY SERVICES.
Third-Party Services. The Platform may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the Platform and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of ClipDart. ClipDart is not responsible for any Third-Party Websites. ClipDart provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Third-Party Content. The Platform may utilize or include content, software, and other copyrighted materials provided by third parties (“Third-Party Content”). Your use of such Third-Party Content is governed by their respective terms and conditions. By Accepting this Agreement, you are also accepting the additional terms and conditions of the third parties. ClipDart expressly disclaims any and all warranties in connection with Third-Party Content, and shall have no liability in connection therewith.
App Stores. You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (the “App Store”). You acknowledge that the Agreement is between you and ClipDart and not with the App Store. ClipDart, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Open Source Software. The Platform may include or incorporate third- party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Platform is provided to you subject to this Agreement, nothing in this Agreement prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder
Interactions with Other Users.
Content Provided by Other Users. The Platform may contain User Content provided by other Users. ClipDart is not responsible for and does not control User Content. ClipDart has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
User Responsibility. Platform Users and Barbers are solely responsible for their interactions with each other, and any other parties with whom they interact; provided, however, that ClipDart reserves the right, but has no obligation, to intercede in disputes. Platform Users and Barbers agree that ClipDart will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT ClipDart MAY, BUT IS NOT OBLIGATED TO CONDUCT CRIMINAL BACKGROUND CHECKS OR EVALUATE THE CREDENTIALS OF ANY BARBER. ClipDart MAY, BUT IS NOT OBLIGATED TO, INQUIRE INTO THE BACKGROUNDS OF ITS PLATFORM USERS OR BARBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS PLATFORM USERS OR BARBERS. ClipDart MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PLATFORM USERS OR BARBERS. ClipDart RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is ClipDart’s policy to terminate membership privileges of any Users, including Registered Users, who repeatedly infringe copyright upon prompt notification to ClipDart by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or within the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Platform of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ClipDart’s Copyright Agent for notice of claims of copyright infringement is as follows: Kyle Parker, 4639 South Lake Park Avenue Unit C, ATTN: Legal, Chicago IL, 60653.
CLIPDART COMMUNICATIONS.
Generally. By entering into this Agreement or using the Platform, or Personal Care Services, you agree to receive communications, including marketing and promotional communications, from us, via e-mail, calls, push notifications and other mobile application messages. If you are a Barber, you agree to receive communications from Platform Users who have reserved an Appointment with you. You agree that for all of our communications, message and data rates may apply.
Marketing Communications. If we send marketing or promotional communications, you will have the ability to opt out of receiving such communications by following the instructions in this section. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE PLATFORM SERVICES OR RELATED SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE PLATFORM SERVICES. IF YOU WISH TO OPT OUT OF RECEIVING PROMOTIONAL EMAIL COMMUNICATIONS FROM US, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
Electronic Communications. The communications between you and ClipDart may take place via electronic means, whether you visit the Platform or send us e-mails, or whether we post notices on the Platform, or communicates with you via e-mail. For contractual purposes, you (i) consent to receive communications from ClipDart in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ClipDart provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
REMEDIES.
Violations. If ClipDart becomes aware of any possible violations by you of the Agreement, ClipDart reserves the right to investigate such violations. If, as a result of the investigation, ClipDart believes that criminal activity has occurred, ClipDart reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. ClipDart is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Platform, including Your Content, in ClipDart’s possession in connection with your use of the Platform, to (a) comply with applicable laws, legal process or governmental request, (b) enforce the Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of ClipDart, its Users and Registered Users or the public, and all enforcement or other government officials, as ClipDart in its sole discretion believes to be necessary or appropriate.
Breach. In the event that ClipDart determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for the Platform, ClipDart reserves the right to:
Delete any of Your Content provided by you or your agent(s) to the Platform;
Warn you via e-mail (to any e-mail address you have provided to ClipDart) that you have violated the Agreement;
Discontinue your registration with the Platform;
Discontinue your access to the Platform;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which ClipDart deems to be appropriate.
Indemnification. You agree to indemnify and hold ClipDart, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “ClipDart Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Platform or Personal Care Services; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any other Users; and (d) your violation of any applicable laws, rules or regulations. ClipDart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ClipDart in asserting any available defenses. This provision does not require you to indemnify any of ClipDart Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or Platform provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement or your access to the Platform.
Disclaimer of Warranties and Conditions.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLATFORM AND THE PLATFORM SERVICES IS AT YOUR SOLE RISK, AND THE PLATFORM AND THE PLATFORM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CLIPDART PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLATFORM.
CLIPDART PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE PLATFORM OR PLATFORM SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE PLATFORM WILL BE CORRECTED; (5) YOUR USE OF THE PLATFORM WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICES.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CLIPDART MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO PLATFORM, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF PLATFORM.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT CLIPDART PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CLIPDART PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY; INSURANCE.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIPDART PARTIES BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT CLIPDART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ClipDart Parties do not guaranty the quality, suitability, safety or ability of barbers. and each User OF THE PLATFORM agrees that the entire risk arising out of HIS/HER use of THE PLATFORM, AND Personal Care Services remains solely with such User, to the maximum extent permitted under applicable law. ClipDart is not responsible for the conduct, whether online or offline, of any Chefs, and will not be liable for any claim, injury or damage arising in connection with THE PLATFORM OR any Personal Care Services.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL CLIPDART PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE BY CLIPDART DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (C) ONE HUNDRED DOLLARS ($100). THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ClipDart and you. Notwithstanding the foregoing, the limitations and disclaimer in this section do not purport to limit liability or alter a Platform User’s rights as a consumer that cannot be excluded under applicable law.
Release. You hereby release ClipDart Parties from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform or Personal Care Services, including but not limited to, any interactions with or conduct of other Users of the Platform, or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Platform. Should you, as a Platform User, have a dispute with respect to the Platform or any Personal Care Services, you may address such dispute with ClipDart, but the Barber retains sole responsibility for issues arising during Personal Care Services or during communication pertaining to Personal Care Services outside of the Platform. You, as a Platform User, hereby agree to release ClipDart Parties from any losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from or in any way connected with such disputes and your dealings with Barbers. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Termination AND DEACTIVATION.
Termination of Account. This Agreement will remain in full force and effect until your Account is terminated as provided herein. You may delete your Account at any time for any reason by submitting a support ticket on the Platform. ClipDart may terminate or suspend your Account if (a) you are in breach of the Agreement; (b) if ClipDart decides in its sole discretion to stop facilitating the provision of the applicable Platform or Personal Care Services; or (c) for any or no reason, without giving you notice. You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. ClipDart will not have any liability whatsoever to you for any termination or suspension of your Account or related deletion of your information.
Effect of Termination or Deactivation. Deactivation includes removal of your access to the Platform and barring of further use of the Platform. Upon Deactivation of the Platform, your right to use such Platform will automatically terminate immediately. ClipDart will not have any liability to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Platform, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
International Platform Users. The Platform may be accessed from countries around the world and may contain references to services and content that are not available in your state or country. These references do not imply that ClipDart intends to announce such services and content in your state or country. The Platform is controlled and offered by ClipDart from its facilities in cities and states where it chooses to operate in the United States of America. ClipDart makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other states or countries do so at their own volition and are responsible for compliance with local law.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ClipDart and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Platform, or any Personal Care Services procured through the Platform, or to any aspect of your relationship with ClipDart, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (b) you or ClipDart may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH CLIPDART, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST CLIPDART ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST CLIPDART IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Business Filings Incorporated, 108 West 13th Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, ClipDart will pay them for you. In addition, ClipDart will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, ClipDart will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ClipDart. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND CLIPDART HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ClipDart are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 20.5.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 4639 South Lake Park Avenue Unit C, ATTN: Legal, Chicago IL, 60653, within 30 days after first becoming subject to this Arbitration Agreement Your notice must include your name and address, the email address you used to set up your Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ClipDart.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ClipDart makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to ClipDart.
BARBER TERMS. If you are a Barber, the following terms of this Section apply to you:
Barbers are solely responsible for all of their own tools, equipment, training, automobiles, licensing and other materials or requirements needed, desired or related to providing the Personal Care Services, and you acknowledge that ClipDart will not reimburse you for any such expenses. ClipDart and Barber shall each bear his, her or its own expenses relating to this Agreement and performance thereunder. ClipDart is not, and shall not be, responsible for any liability arising out of any Personal Care Services, Appointments, or other activities conducted by you in connection with the Platform. You are not permitted to represent to any Platform Users or other users of the Platform that you are an employee, contractor or agent of ClipDart.
As an independent business, you, as a Barber, maintain complete control over your level of participation in the Platform, including: (a) deciding when to log into the Platform and be available to provide Personal Care Services; (b) deciding when to accept, reject or ignore offers related to Personal Care Services; (c) selecting your attire – no uniforms or other specific clothes are required; (d) determining the time and location of your Appointments; (e) you are not restricted from using competitive services or technology platforms; (f) you are permitted to maintain your independent business and other clients without using the Platform; (g) your opportunity for profit or loss is dependent on your own hair cutting skills; (h) you are responsible for resolving any disputes with Platform Users; (i) you are solely in control of the amount you wish to invest in providing Personal Care Services in connection with the Platform; and (j) you exclusively control your provision of Personal Care Services.
Neither this Agreement nor your performance under this Agreement shall create an association, partnership, joint venture or relationship of principal and agent, master and servant, or employer or employee, between ClipDart and you, or between ClipDart and your employees and agents. You and ClipDart each agree that you and your employees and agents will not receive any ClipDart-sponsored benefits from ClipDart where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If you, your employees or agents, are reclassified by a state or federal agency or court as ClipDart’s employee, you, and your employees or agents, as applicable, will become a reclassified employee and will receive no benefits from ClipDart, except those mandated by state or federal law, even if the terms of ClipDart’s benefit plans or programs in effect at the time of such reclassification would otherwise render you, or your employees or agents as eligible for such benefits. You acknowledge that it is your sole responsibility for complying with all federal, state and local tax filing and payment obligations that pertain to any remuneration received in connection with performing Personal Care Services as processed by ClipDart in connection with this Agreement, including your sole responsibility for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits. You acknowledge that ClipDart is not rendering legal, tax or investment advice, nor is ClipDart a fiduciary of yours. Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state and local laws or ordinances.
By agreeing to the terms of this Agreement and under penalty of perjury, Barber affirms that Barber is self-employed, maintains and operates a haircutting business that is separate and independent from ClipDart, holds himself or herself out to the public as independently competent and available to provide the applicable services. Barber further agrees to submit to a background screening conducted by ClipDart for the sole purpose of confirming Barber’s credentials and/or references. Barber represents that all information provided by Barber is accurate and complies with relevant law, and will immediately notify ClipDart of any change in contact, certification, or licensing information. Barber assumes complete responsibility for all services to and treatment of each ClipDart Platform User and for compliance with all laws, regulations, and professional ethical guidelines and standards pertaining to Barber’s provision of Personal Care Services.
General Provisions.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ClipDart’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ClipDart shall have the right to freely assign this Agreement, in whole or in part, without your prior consent.
Force Majeure. ClipDart shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Platform, please contact us at: help@clipdart.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, or in the event this Section 21.4 is held to be unenforceable for any reason, both you and ClipDart agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Chicago, Illinois.
Governing Law. The AGREEMENT and any action related thereto will be governed and interpreted by and under the laws of the STATE OF ILLINOIS, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
Notice. Where ClipDart requires that you provide an e-mail address, you are responsible for providing ClipDart with your most current e-mail address. In the event that the last e-mail address you provided to ClipDart is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, ClipDart’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ClipDart at the following address: help@clipdart.com; 4639 South Lake Park Avenue Unit C, ATTN: Legal, Chicago IL, 60653.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer the Platform except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Platform, and any other applicable laws. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Platform, 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 also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by ClipDart are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer ClipDart products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.