Terms of Service

1. Acceptance of Terms

By accessing using this service, you agree to be bound by and comply with the following Terms of Use including the Privacy Policy (the “Terms of Use”). Please read the Terms of Use carefully. If you do not agree with these Terms of Use, you are not permitted to use the Service in any way and must cease accessing it. The Terms of Use govern your use of the Service made in any way whatsoever and constitute a binding agreement between us and you. You confirm that you have read, understood and agreed to the Terms of Use. We reserve the right, at our own discretion, to update and modify these Terms of Use at any time without prior notice, and by using this Website or the Service you agree to be bound by and comply with such modifications.

2. User Account

To access certain features or functionalities of the Service you may be required to provide your personal information. During registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so. We may, in our sole discretion, refuse to approve misleading or offensive information. Children under the age of 13 are not allowed to use the Services or Website and we do not actively target or collect information about minors.

3. Scope of Service

User Accounts may vary as to the scope of the Service assigned by us and as to the charges payable for such scope of the Service.

4. Express Written Consent

You agree to receive contact for marketing purposes at the telephone number that you provided upon registering, from Beauty Pro Solutions, as well as the specific company on whose behalf Beauty Pro Solutions is marketing. You understand that these marketing texts or calls may be made using an automatic telephone dialing system or pre-recorded message.
Consent is not required to make a purchase.

5. No Abuse or Interference

Any use of the Service other than as permitted under these Terms of Use, constitutes a contravention of these Terms of Use. You agree not to abuse, disrupt, or interfere with, the Service in any way, and not to violate these

Terms in any way, nor to allow use by others in such a way as to violate these Terms. In particular, but without limitation, you agree not to do any of the following: (i) use the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as us or any person or entity or misrepresent your affiliation with us or any person or entity, or to disguise or misrepresent the origin of any content posted or made available through the Service; (iii) interfere with the full and complete display of advertisements; (iv) use the Service as a forwarding service to another website or link to the Service using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without our express written permission; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without our express written permission; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site; (ix) collect or store personal data, or solicit personal identifying information about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users’ ability to use the Service; (xii) make excessive or otherwise harmful automated use of the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and “pyramid games/schemes,” or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including “trojan horses” and “worms”) or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.; or (xvi) use the Services or Website to violate any law or regulation.

6. Compliance with Laws

Recognizing the global nature of the Internet, you agree not to use the Service to engage in any activity that is unlawful under the laws of any jurisdiction to which you or we may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange. In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data, as well as with the Telephone Consumer Protection Act and Telemarketing Sales Rule We reserve the right to report any wrongdoing that we may become aware of to the applicable government agencies or to take other appropriate action permitted by law.

7. No Resale of Service

Unless expressly authorized by us, you agree not to make any commercial use of the Service, including in particular, licensing, sale, transfer or other exploitation of the Service, not to make any use other than within the scope envisaged by your User Account, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites, and.

8. Termination of Service to You

You agree that we may, immediately and without notice, suspend or terminate your access to all or part of the Services and remove and discard any of your User Content within the Services, if we in our sole discretion determine that you have violated these Terms. Further, you agree that we shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Services or for removing your User Content or any other content You may discontinue your participation in and access to the Service at any time.

9. Modifications to Service

We reserve the right, in our sole discretion and at any time, to modify, suspend or discontinue the Services or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto. You agree that we shall have no liability for any modification, suspension or discontinuance of the Services. We shall have no liability for any scheduled or unplanned system outages, including due to any

third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Services, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.

10. Intellectual Property

You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Services, including the name and software used to operate the Services and including all content of the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws. You acknowledge and agree that our name and logo are our trademarks. You are not authorized to use any such trademarks, or any other trademarks belonging to us, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with us. Nothing in these Terms, or in the Services shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed through the Services without the express prior written permission of the rights owner. You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Services or content appearing therein, in any form elsewhere, without our express prior written consent; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Services or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter our copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Services. We specifically permit links to the Website from other websites.

11. Intellectual Property of Third Parties

You acknowledge and agree that rights in any third-party content (including any content licensed by us, advertisements and User Content) presented to

you through the Services, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by us, belong to their respective owners.

12. Privacy

Your privacy is important to us. To the extent certain limited information about you may be collected during your use of the Site, such collection shall be subject to our Privacy Policy. Your use of the Services is subject to, and shall be deemed to constitute, your acceptance of our Privacy Policy.

13. Disclaimer of Warranties

You understand and expressly agree that Beauty Pro Solutions provide the Services “as is” and “as available”. All of our offers are void where prohibited. Beauty Pro Solutions expressly disclaim to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy of content and non-infringement of proprietary rights.
Beauty Pro Solutions make no warranty that the services will meet your requirements, or that the website or the services will be available at any given time, uninterrupted, timely, secure, accurate or error-free. We make no warranty that any defects or any errors in the software will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Services or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Services. No advice or information, whether oral or written, obtained by you from us, through the the Services shall create any warranty not expressly made herein.

14. Limitation of Liabilities

Your use of the Services is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Services. To the extent permitted under applicable law, in no event and under no circumstances will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, attorneys, agents, licensors, licensees, suppliers or representatives be liable to you or to any third party under any theory of liability (whether based on warranty, contract, tort (including negligence and strict liability) or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages,

including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if We or such other parties were advised of, knew of, or should have known of the possibility of such damages), resulting from or relating out of your or any third party’s use or misuse of the services or the Website. The parties intend that this limitation should apply even if it causes any warranty or any remedy to fail of its essential purpose.
Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Services, from the inability to use the Services or the Website, from the interruption, suspension, or termination of the Services or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Services; any User Content or third-party content or code obtained or retrieved via the Website or through the Services (including content retrieved into your browser’s cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Services; any other matter relating to the Website or the Services. We neither assume, nor authorize any other party to assume on our behalf, any other liability in connection with the Services other than as set forth herein. Notwithstanding the foregoing, our total cumulative potential liability to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to us for your use of the Website or the Services. This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

15. Waiver of Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Beauty Pro Solutions SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Beauty Pro Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY OTHER MATTER RELATING TO THE SERVICE.

16. Indemnification

You are solely responsible for your actions when using the Services. You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Services by you; (ii) your use of the Website or the Services; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account. We shall conduct a defense in any such third-party claim or proceeding in our sole discretion and you shall fully cooperate with us for such purpose.

17. Choice of Law and Forum

The substantive laws of the State of Texas, USA, shall govern the Terms of Use and the relationship between you and us and any other matter connected with, or deriving from, the Website or the Services, notwithstanding your actual place of residence. The competent courts located in the District of Texas, USA, shall have exclusive personal jurisdiction over any lawsuits arising from or relating to these Terms or your use of the Website or the Services and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Mandatory Arbitration and Class Waiver

Any controversy or claim arising out of or relating to the use of the Services, or the breach of these terms of use, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Parties agree that (i)

no arbitration proceeding hereunder, or other proceeding, whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

19. General Provisions

Entire Agreement . These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter hereof, and, unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Services, other than those contained in these Terms.
Relationship . No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and us. The agreement pursuant to these Terms is between you and us and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof. If any dispute arises between you and any third party, you understand and agree that we are under no obligation to become involved and you hereby release us from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above. Headings . The section headings in these Terms are for convenience only and have no legal or contractual effect. Survival . Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services. Severability . If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision. Waiver . Any waiver of any provision of these Terms will be effective only if made in writing and signed by us; any delay or failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or

provision. Assignment . You may not assign your rights or delegate your responsibilities hereunder without our express written permission We may, at any time, assign our rights or delegate its obligations hereunder without notice to you.

20. Notices

We shall be permitted to send notices to you by sending notification to the contact information provided or via e-mail to the address that you provided if applicable.