August 1, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR OUR MOBILE APPICATION (COLLECTIVELY THE “SITE”). All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.
You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.
1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Untangle. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Untangle may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on UntangleLife.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Untangle may amend the Terms related to the Services from time to time. Amendments will be effective upon Untangle's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Untangle's mobile applications or websites provided as part of the Services (each, an "Application") to arrange, schedule, and purchase beauty, wellness, and health related services and products with providers of such services and products (collectively or individually, “Professionals” or “Providers”), and allows Professionals to connect with clients seeking such services and products, hereinafter referred to collectively as “Users”. Unless otherwise agreed by Untangle in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT UNTANGLE DOES NOT PROVIDE OR CONTRACT FOR BEAUTY, WELLNESS, OR HEALTH RELATED SERVICES, AND USERS CONTRACT INDEPENDENTLY FOR THE PROVSIION OF THESE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR SELECTING THE PROFESSIONAL, AND FOLLOWING AND/OR ACCEPTING THE RECOMMENDED SERVICES AND ADVICE, WHETHER ON PREMISES OF A PROFESSIONAL OR AT A SITE DESIGNATED BY THE CLIENT. ANY DECISION BY USER TO FOLLOW PROFESSIONALS BEAUTY AND WELLNESS ADVICE IS MADE IN SUCH PERSON’S SOLE DISCRETION AND AT THEIR OWN RISK.
All Users understand and acknowledge that (i) the Company does not conduct background checks on any professionals and does not have control over quality, reliability, or legality of any aspect of the services or recommendations provided by Professionals nor of the integrity, responsibility or any of the actions or omissions of any Professionals or Clients. Untangle makes no representations or warranties with respect to the accreditation, registration or licensing of any Professional and it is the clients sole responsibility to request for and verify this information directly with the Professional.
Notwithstanding the foregoing, Untangle may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not Untangle conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client's needs and should exercise caution to protect their personal safety and property.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND ADVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
Subject to your compliance with these Terms, Untangle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Untangle.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Untangle; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Untangle's property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Untangle’s company names, logos, product and service names, trademarks or services marks.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Untangle certain personal information, such as your name, address, mobile phone number, and age, as well as one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Untangle’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Untangle in writing, you may only possess one Account.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Untangle by emailing support@UntangleLife.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Untangle may, in Untangle's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Untangle establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Untangle; (iii) may be disabled by Untangle at any time for any reason without liability to Untangle; (iv) may only be used pursuant to the specific terms that Untangle establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Untangle reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Untangle determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Untangle permits you to submit, upload, publish or otherwise make available to Untangle through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Untangle the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Untangle’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You also hereby grant Untangle a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Untangle in its sole discretion, whether or not such material may be protected by law. Untangle may, but shall not be obligated to, review, monitor, or remove User Content, at Untangle's sole discretion and at any time and for any reason, without notice to you.
You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Untangle reserves the right to remove or hide or change any images without notice
You agree not to send or post unauthorized commercial communications (such as spam) on the Services; Engage in unlawful multi-level marketing on the Services; Solicit login information or Account IDs or access an account belonging to someone else; Bully, intimidate, or harass any User; Develop, advertise or otherwise market alcohol-related or other mature content.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Untangle does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). After you have received services or goods obtained through your use of the Service, Untangle will facilitate your payment of the applicable Charges on behalf of the Professional. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Professional. Charges will be inclusive of applicable taxes where required by law.
All Charges are due immediately and payment will be facilitated by Untangle using the payment method designated in your Account, after which Untangle will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Untangle may, as the Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
Untangle may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UNTANGLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UNTANGLE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UNTANGLE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. UNTANGLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UNTANGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNTANGLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROVIDER, EVEN IF UNTANGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNTANGLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UNTANGLE'S REASONABLE CONTROL. IN NO EVENT SHALL UNTANGLE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Untangle and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Untangle's use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers; (v) or any allegation that any materials that you submit to us or transmit through the Services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.
6. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Untangle, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Untangle are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Untangle otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Location and Procedure.
Unless you and Untangle otherwise agree, the arbitration will be conducted in Alexandria, Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Untangle submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. In the event Untangle prevails in an arbitration case, you will be responsible for all applicable attorney and arbitration fees incurred by Untangle.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Virginia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Untangle respects the intellectual property rights of others and expects its users to do the same. It is Untangle’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Untangle will respond expeditiously to claims of copyright infringement committed using the Untangle website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Untangle’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Untangle’s Designated Copyright Agent. Upon receipt of the Notice as described below, Untangle will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Untangle’s Designated Copyright Agent: copyright@UntangleLife.com.
You may not assign these Terms without Untangle’s prior written approval. Untangle may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Untangle’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Untangle or any Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Untangle’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Untangle in writing.