Last Updated August 2017
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The Cookies We Set
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Last Updated August 2017
- The Barbershop website located at barbershop.io and any other websites operated by Barbershop (our "Sites");
- The Barbershop mobile app and other apps provided by and on behalf of Barbershop (our "Apps"); and
- The services we provide through our Sites and Apps (our "Services," and together with the Sites and Apps, our "Platform"). By using any part of the Barbershop Platform you consent to the collection and use of your Information by or on behalf of Barbershop as described in this Policy. If you have any questions or concerns regarding this Policy or the Information collection or usage practices applicable to the Platform under this Policy, please contact us at [email protected]. If we need, or are required, to contact you concerning any event that involves this Policy or your Information we may do so using the email address, telephone number, or physical mail address we have on file for you.
Although we encourage you to read the entire Policy, the following provides a summary of some of the important aspects of this Policy:
- This Policy is applicable only to Information collected through the Platform. This Policy does not apply to Information collected by third parties outside of the Platform.
- We may collect both Non-Personal Information and Personal Information from you through the Platform.
- We may obtain Sensitive Personal Information from you through the Platform.
- We will not use or share your Personal Information (including Sensitive Information) except as permitted by this Policy.
- You are permitted to "opt out" of certain uses of your Personal Information.
- We will take reasonable and appropriate measures to secure your Personal Information, but we make no promise that your Personal Information will remain secure in all circumstances.
Scope of This Policy
The Platform enables you and other users of the Platform ("Users") to interact both with each other and with third parties through the Platform. When you use the Platform to interact with other Users and third parties, or access content or services provided by another User or third party through the Platform, you may share your Information with those other Users and third parties. You consent to Barbershop facilitating the sharing of your Information with those other Users and third parties as you direct through the Platform in accordance with this Policy. You also agree that this Policy covers only the use and sharing of Information collected by and on behalf of Barbershop. THIS POLICY DOES NOT COVER THE COLLECTION OR USE OF INFORMATION BY ANY OTHER USER OR THIRD PARTY YOU INTERACT WITH THROUGH THE PLATFORM OR OUTSIDE OF THE PLATFORM. Barbershop is not responsible for the privacy practices of other Users or third parties. For information about what separate terms may apply to the Information you share with any other User or third party, please contact the User or third party before sharing Your Information.
Information We Collect Through the Platform
The Information we collect about you through the Platform includes both "non-personal" and "personal" Information. We may also obtain "sensitive" personal information about you through the Platform. For purposes of this Policy: "Non-Personal Information" refers to information that may not by itself be reasonably associated with, linked to, or used to identify you. For example non user-specific Information regarding your use of the Platform or the operation of the Platform, including your Internet Protocol (IP) address, your search engine type or settings, or web server logs tracking your access to and use of our Platform. Non-Personal Information will also include any non user-specific Information we may derive from this Information. "Personal Information" refers to information that may be reasonably associated with, linked to, or used to identify you or allow you to be personally identified or contacted. For example, Personal Information may include information such as your first and last name, business name, professional information, email address, telephone number, street address, social media accounts, and other Information or content you may include in your own profile on the Platform, either alone or in combination with other Information. "Sensitive Personal Information" refers to Personal Information regarding more sensitive areas such as your credit card or other financial information, or precise geolocation information.
Sources of Information
We may collect Information about you through the Platform from a variety of sources, for example: Directly from You. We may collect Information about you directly from you when you voluntarily provide it to us through the Platform. For example, through registering for an account or for another feature of the Platform, responding to a survey or other request we may make for Information, entering a contest or promotion through the Platform, communicating with Barbershop, or other messaging or community features offered through the Platform. We may use any Information you provide to us through the Platform in accordance with this Policy.
From Other Users. We may collect Information about you from other Users when they provide Information through the Platform. For example, when they communicate with you through the Platform or store information about you on the Platform. We may use any Information other Users provide through the Platform in accordance with this Policy.
From Third Parties. We may also obtain Information about you from third parties who have a right to provide us with that Information. For example, if you register for the Platform through a third-party, we may receive Information about you from that third-party. We may also obtain Information about you from third parties that have obtained information about you and have the right to provide that Information to businesses such as ours. We may use any Information about you we receive from a third party in accordance with the terms we establish with that third party. Only if we combine that Information with Information collected through the Platform will we be required to use that Information in accordance with this Policy.
Through the Operation of the Platform. We may collect Information about you automatically when you interact with the Platform. For example, Barbershop and our third party advertisers and service providers may use "cookies," "web beacons," "OAuth tokens," and other automated tracking technology to monitor and collect Information regarding how you access, use, and interact with the Platform. "Cookies" are commonly used small files that are stored on your computer or mobile device to help identify you as a unique user of the Platform. "Web beacons" (also known as "single–pixel" or "clear" GIFs) include electronic images imbedded in the Platform that allow us to recognize when you visit that area of the Platform. "OAuth tokens" enable us to authenticate your device and accounts on third party web sites.
The computers we use to provide the Platform may also automatically record Information about you. For example, our web servers may record the Information you enter on the Platform, the areas of the Platform you visit, the services you use through the Platform, your IP address, or cookies that are set on your browser. We may use any Information we collect from you automatically through the Platform in accordance with this Policy.
How We Use Information
Non-Personal Information. We may use and share the Non-Personal Information we collect through the Platform for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the Information remains Non-Personal Information. This will include, by way of example, providing Non-Personal Information to third parties or developing products, services, or other offerings based on Non-Personal Information or our analysis of Non-Personal Information.
Personal Information. We may use the Personal Information we collect about you through the Platform for a variety of purposes, for example:
- Operating and providing services through the Platform;
- Customizing and improving the Platform and Services for you;
- Providing maintenance, support, and customer service for the Platform and Services;
- Providing notices, announcements and other communications to you relating to Barbershop, the Platform, or your Information;
- Displaying advertising to you through the Platform and on third party web sites;
- Providing offers for products, services, or other offerings to you that we feel may be of interest to you;
- Contacting you for direct marketing purposes regarding products, services and offerings;
- Processing payments made through the Platform;
- Developing additional products, services and offerings; and
- Research and analysis purposes.
We may combine and enhance the Personal Information we collect about you through the Platform with Information we receive from third parties. We may also combine and enhance Personal Information using Non-Personal Information. In each case, we will treat the combined Information as Personal Information and use it in accordance with this Policy.
We may also use the Personal Information we collect about you through the Platform to generate Non-Personal Information. When we do so, we will take reasonable measures to ensure that the Non-Personal Information is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you. This will include, by way of example, storing the Non-Personal Information separately from any Personal Information. Once we generate Non-Personal Information from any Personal Information, we will not attempt to make that Information into Personal Information (i.e., to make it personally identifiable). However, we may combine and enhance that Non-Personal Information with other Non-Personal Information (including Non-Personal Information we obtain third parties) and use the Non-Personal Information in accordance with this Policy.
YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION THROUGH THE PLATFORM UNLESS YOU AGREE TO THE USE OF THAT INFORMATION IN ACCORDANCE WITH THIS POLICY.
Sensitive Personal Information. Barbershop may receive Sensitive Personal Information from you when you agree to provide it to us through the operation of the Platform. For example, when you allow us to obtain and use your precise geo-location, provide us with credit card or other payment information, or choose to share Sensitive Personal Information in communications with us. Barbershop will use any Sensitive Personal Information about you that we receive through the Platform solely in accordance with this Policy to enable the operation of the Platform and the exchange of that Information as directed by you. Note though that Barbershop is not responsible for monitoring the Sensitive Personal Information you choose to exchange with other Users or third parties through the Platform or for the use of that Information by those other Users or third parties.
How We Share Information
We may share Information about you in a variety of ways, for example: Affiliates and Subsidiaries. We may share Information with our affiliates and subsidiaries, including companies that we own or control, that own or control us, or that are under common ownership or control with us. We will require that our affiliates and subsidiaries agree to use the Information we share with them in compliance with this Policy.
Users. We may share Information with other Users when you decide to communicate with those Users (or request that we communicate on your behalf) through the Platform. This may include facilitating communications with other Users or enabling posting of Information to areas of the Platform accessible by other Users.
Partners. We may share Information with business partners for which we collect Information through the Platform. We will work with our business partners to provide notice concerning the purpose for which any Personal Information is being collected on behalf of any partner. Unless we otherwise notify you, any information we collect on behalf of a business partner will be in accordance with this Policy.
Service Providers. We may share Information we collect about you with third parties that help us provide any portion of the Platform. For example, we may use third parties to: (a) design, develop, host, maintain, or manage the Platform or Services; (b) assist us with providing emails or other communications to you; (c) collect or analyze Information through the Platform; (d) customize or assist us in managing our databases; (e) develop or offer additional products, services or offerings to you; or (f) provide other services to us relating to the Platform on an outsourced basis, for example, payment processing or identity validation. We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Personal Information they receive from us in compliance with this Policy.
Advertisers and Direct Marketers. We may share Information with third party advertisers and direct marketers. Third party advertisers may use your Information to display advertisements and other content to you through the Platform or advertisements for Barbershop on third party web sites. Third party direct marketers may use your Information to provide you with offers. In each case, these advertisements and offers may be targeted to provide you with information regarding products, services and other offerings that may be of interest to you based on the Information we collect and obtain about you. Note that third party advertisers may receive Personal Information about you if you click on advertisements displayed through the Platform. Clicking on any advertisement displayed through the Platform will be considered your consent to "opt in" for this transfer.
Law Enforcement. We may share Information with law enforcement agencies if we reasonably believe unlawful activities have occurred or the Information may aid in an investigation into unlawful activity. We may also share Information with law enforcement if we determine, in our sole judgment, that you have violated our agreements or policies or that the release of your Information may protect the rights, property, interests, or safety of Barbershop or any third party.
Legal Processes. We may share Information as required by, or permitted by, law, whether in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, including to defend against legal claims that have been or might be brought against us.
Business Transactions. If we transfer ownership or control of any portion of Barbershop or the Platform to a third party, whether or not in the context of an acquisition, merger, or reorganization, we may transfer Information that third party, provided that the use of any of your Personal Information by that third party remains subject to the terms of this Policy.
Choice and Opt-out
We provide you with a choice whether to receive certain messages through the Platform and from Barbershop. We also may give you the opportunity to "opt-out" of having your Personal Information shared for certain purposes permitted by this Policy.
If you no longer wish to receive certain messages from Barbershop or to have your Personal Information shared by Barbershop in the manner permitted by this Policy, you may seek to opt-out of receiving those messages or having your Personal Information shared in that manner. In some cases, opting out of receiving messages or having your Personal Information shared will not affect your ability to use the Platform. However, some messages are necessary to the operation of the Platform. Likewise, some sharing of Personal Information is necessary to provide you the Platform. If you wish to opt-out of receiving these messages or of sharing your Personal Information in this manner, Barbershop may be required to limit or cancel your access to the Platform.
All opt-out requests made to Barbershop can be made as indicated through the Platform or contacting Barbershop as described above. Note that it may take up to 10 business days for Barbershop to remove contact information from our lists, so messages from us may continue for a time after a removal request is made.
Barbershop understands that the security of your Personal Information is important and is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100% effective and we cannot guarantee that your Information will be secure in all situations. We will nonetheless take all reasonable and appropriate steps to ensure the safety and security of your Personal Information. This includes using industry standard security measures to protect the loss, misuse, and unintended alteration of the Personal Information under our control. For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
Advertising and Direct Marketing
Children. The Platform is not directed to children under 13 years of age. Barbershop does not knowingly solicit or collect personal information from children under 13 years of age.
Do Not Track. Certain web browsers and other devices you may use to access the Platform may permit you to indicate your preference that you do not wish to be "tracked" online. At this time we do not modify your experience on the Sites or the Platform, or the Information we collect from you through the Sites or Platform, based on whether such a preference is indicated.
Notification of Changes. We may notify you of any changes to this Policy by way of an email or by posting on the Platform. Changes to this Policy will be effective 30 days following such notice. Your continued use of the Platform after any change has become effective will constitute your acceptance of that change. Unless we seek and receive consent from you, we will use the Personal Information about you we collect through the Platform in accordance with the version of this Policy effective when the Personal Information was last collected.
Review and Update of Information. While Barbershop takes reasonable steps to ensure that the Personal Information we collect from you through the Platform is reliable for its intended use, accurate, complete, and current, we rely on you to update and correct your Personal information. Please contact us as described above to review, update, or change any of your Personal information collected through the Platform.
Terms of Service
Last Updated August 2017
These Barbershop Terms of Service (the "Agreement") are agreed to between Barbershop, LLC. ("Barbershop") and you, or, if you represent an entity or other organization, that entity or organization (in either case "You").
Barbershop offers an online platform known as Barbershop (the "Platform"). You may access the Platform through the website located at barbershop.io and through various other websites operated by Barbershop and third parties (each a "Site") or using mobile and online applications provided by and on behalf of Barbershop (each, an "Application," and each Site and Application treated as a part of the "Platform" for purposes of this Agreement).
The Platform provides end users ("Users") with the ability to access information, data, and other content ("Content") on a variety of topics, as well as additional services, functionality and resources described on the Platform ("Services").
This Agreement applies to the Platform and the Content and Services available through the Platform, regardless of the Site or Application through which You access or use the Platform, Content, or Services. PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCESSING OR USING THE PLATFORM, CONTENT OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, Barbershop IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, CONTENT OR SERVICES AND YOU MUST NOT ACCESS OR USE THE PLATFORM, CONTENT OR SERVICES. IF YOU ACCESS OR USE THE PLATFORM, CONTENT OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
Unless You later enter into any other agreements with Barbershop regarding the Platform, Content or Services, this Agreement is the complete and exclusive agreement between You and Barbershop regarding Your access to and use of the Platform, Content, and Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Barbershop relating to Your use of the Platform, Content or Services as a User of the Platform.
DEFINITIONS. Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
TERM. This Agreement is entered into as of the earlier of the date You first access or use the Platform, Content or Services (the "Effective Date") and will continue until terminated as set forth herein.
MODIFICATIONS. Barbershop reserves the right, at any time, to modify the Platform, Content or Services, with or without notice to You, by making those modifications available on the Platform. Barbershop also reserves the right, at any time, to modify the terms of this Agreement. Barbershop will inform You of the presence of any changes to this Agreement by posting those changes on the Platform or by providing You with notice through the Platform. Any modifications will be effective 30 days following posting on the Platform or delivery of such notice through the Platform, except in the case of a legally required modification which will be effective upon posting. You may terminate this Agreement as set forth below if You object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content or Services following such notice period.
ELIGIBILITY. The Platform, Content and Services are intended for use by individuals 13 years of age and older. If You are a parent or guardian of a child under 13, then You may allow Your child to access the Platform, Content or Services only under Your direct supervision and You will be solely responsible for all access to and use of the Platform, Content or Services by Your child. If You are 13 or older but younger than 18, then You may access and use the Platform, Content and Services only if Your parent or guardian accepts this Agreement on Your behalf. If You are a parent or guardian entering this Agreement for the benefit of a child age 13 or older but under 18, then You agree You will be solely responsible for all access to and use of the Platform, Content or Services.
ACCOUNTS. 5.1 Users. You are permitted to access certain Content and Services without establishing a user account on the Platform (a "User Account"), provided that You have agreed to this Agreement. However, access to certain Content and Services requires that You establish a User Account on the Platform. Approval of Your request to establish a User Account will be at the sole discretion of Barbershop. Each User Account and the user identification and password for each User Account (the "User Account ID") is personal in nature. Each User Account is for Your personal use and each User Account ID may be used only by You alone (or by Your child under 13 through Your User Account under Your direct supervision). You may not distribute or transfer Your User Account or User Account ID or provide a third party with the right to access Your User Account or User Account ID. You are solely responsible for all use of the Platform, Content and Services through Your User Account. You will ensure the security and confidentiality of Your User Account ID and will notify Barbershop immediately if Your User Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your User Account or under Your User Account ID (whether lawful or unlawful) and any transactions completed through Your User Account or under Your User Account ID will be deemed to have been lawfully completed by You. 5.2 Account Registration. In connection with establishing a User Account, You will be asked to submit certain information about Yourself ("Registration Information"). You agree that: (a) all Registration Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Registration Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that Barbershop, in its sole discretion, deems offensive.
PURCHASES. In addition to the Content and Services available for no charge through the Platform, You may be offered the opportunity to purchase, subscribe to, or otherwise obtain access to Content, Services, or other products or services through the Platform for an additional fee. Any purchase or subscription will be subject to any terms and conditions displayed on or through the Platform in connection with the purchase or subscription in addition to the terms of this Agreement. Unless otherwise indicated on the Platform, purchases or subscriptions made by You through the Platform cannot be exchanged and any fees or charges in connection with those purchases or subscriptions are non-refundable. All information that You provide in connection with a purchase or other transaction through the Platform will be accurate, complete and current. You authorize Barbershop (or a company chosen to act on behalf of Barbershop) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction made through Your Account on the Platform and agree to honor all charges incurred in connection with any such transaction.
TERMINATION. This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination or expiration of this Agreement for any reason: (1) all rights and subscriptions granted to You under this Agreement will terminate; (2) You will immediately cease all use of and access to the Platform and all Content and Services (including, without limitation, all Content You obtained prior to termination); (3) You will immediately delete any Applications You have downloaded or installed prior to termination; and (4) Barbershop may, in its sole discretion, delete Your Account and any of Your User Content held by Barbershop at any time. Sections 1 (Definitions), 6 (Content), 9 (Purchases), 10 (Termination), 13 (Ownership), 14 (Representations and Warranties), 15 (Disclaimers), 16 (Indemnity), 17 (Limitation on Liability), 18 (Data Privacy), 20 (Disputes), 21 (Governing Law and Venue), 22 (Notices) and 24 (Additional Terms) will survive any expiration or termination of this Agreement.
SUSPENSION. Without limiting Barbershop’s right to terminate this Agreement, Barbershop may also suspend Your access to Your Account and the Platform or any Content or Services (including Your User Content), with or without notice to You, upon any actual, threatened or suspected breach of this Agreement or applicable Law or upon any other conduct deemed by Barbershop, in its sole discretion, to be inappropriate or detrimental to the Platform, Services, Barbershop, or any other User or third party.
PLATFORM TECHNOLOGY. The Platform, and the databases, software, hardware and other technology used by or on behalf of Barbershop to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Barbershop. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.
OWNERSHIP. Barbershop retains all right, title and interest, including, without limitation, all IPR, in and to the Technology and any additions, improvements, updates and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Platform, Content and Services under this Agreement. The Barbershop name, logo and all product and service names associated with the Platform, Content and Services are trademarks of Barbershop and its licensors and providers and You are granted no right or license to use them.
REPRESENTATIONS AND WARRANTIES. 14.1 Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement. 14.2 Compliance With Laws. You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific Law. You acknowledge that You will access and use the Platform in compliance with all Laws applicable to You, Your User Content and any other Content You may access through the Platform. Barbershop is not responsible for notifying You of any such Law, enabling Your compliance with any such Law, or for Your failure to comply. You represent and warrant to Barbershop that Your User Content, Your Services, and Your use of and access to the Platform, including any Content, will comply with all applicable Laws and will not cause Barbershop itself or any other User to violate any applicable Laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 or the Health Information Technology for Economic and Clinical Health (HITECH) Act (enacted as part of the American Recovery and Reinvestment Act of 2009).
NO WARRANTIES; DISCLAIMER. THE PLATFORM, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Barbershop AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY OR CURRENCY OF THE PLATFORM OR ANY CONTENT OR SERVICES AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR USER CONTENT THAT MAY BE PROVIDED THROUGH THE PLATFORM. Barbershop AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE PLATFORM, CONTENT, SERVICES AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Barbershop, ITS EMPLOYEES, PROVIDERS OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
INDEMNITY. You hereby agree to indemnify, defend, and hold harmless Barbershop and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform or any Content, or Services; (2) Your User Content or any access to or use thereof; (3) Your Services or any access to or use thereof; (4) any access to or use of Your User Content or Your Services by any Users; (5) Your collection, use and disclosure of any User Information, (6) Your violation of applicable Laws; and (7) Your breach of any representation, warranty, or other provision of this Agreement. Barbershop will use reasonable efforts to provide You with notice of any such claim or allegation, and Barbershop will have the right to participate in the defense of any such claim at its expense.
LIMITATION ON LIABILITY. Barbershop WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE PLATFORM, CONTENT OR SERVICES, EVEN IF Barbershop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR USER CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. Barbershop’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL CONTENT AND SERVICES PROVIDED UNDER THIS AGREEMENT OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10 OR, IN THE CASE OF ANY PURCHASES YOU MAKE THROUGH THE PLATFORM, THE AMOUNTS PAID BY YOU TO Barbershop FOR THOSE PURCHASES. YOU AGREE THAT Barbershop WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Barbershop’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CLAIMS OF INFRINGEMENT. Barbershop respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to:
Please provide the following information to Barbershop’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature. Barbershop will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Platform.
DISPUTES. Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a "Dispute"), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association ("AAA") then in effect (the "Rules"). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the "Initial Period") after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Barbershop in Denver County, Colorado U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
GOVERNING LAW AND VENUE. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado without regard to the conflict of laws provisions thereof. Subject to Section 20 (Disputes), each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal court in the District of Colorado, U.S.A. or in state court in Denver County, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Barbershop.
NOTICES. Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Barbershop by postal mail to the address for Barbershop listed on the Platform. Barbershop may provide You with any notices required or allowed under this Agreement by sending You an email to any email address You provide to Barbershop in connection with Your Account, provided that in the case of any notice applicable both to You and other Users of the Platform, Barbershop may instead provide such notice by posting on the Platform. Notices provided to Barbershop will be deemed given when actually received by Barbershop. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
LINKED SITES. The Platform and Services may contain links to third-party sites or Content that are not under the control of Barbershop. If You access a third-party site or Content from the Platform or Services, then You do so at Your own risk and Barbershop is not responsible for any content on any linked site or content. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Barbershop or any group or individual affiliated with Barbershop. You may not use on Your site any Content or marks appearing on the Site or Platform in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Platform without prior written consent.
ADDITIONAL TERMS. Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Platform, Content and Services, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Platform, Content and Services. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by Barbershop under this Agreement must be in writing or later acknowledged by Barbershop in writing. Any waiver or failure by Barbershop to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Barbershop of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Barbershop. Any assignment in violation of the foregoing will be null and void. Barbershop may assign this Agreement to any party that assumes Barbershop’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform, Content or Services may contain links to third-party sites that are not under the control of Barbershop. Barbershop is not responsible for any content on any linked site and You access any third-party site from the Platform, Content or Services at Your own risk. Any reference herein to "including" will mean "including, without limitation." Upon request from Barbershop, You agree to provide Barbershop with such documentation or records with respect to Your activities under this Agreement as may be reasonably requested for Barbershop to verify Your compliance with the terms of this Agreement and all applicable Laws.