Welcome to the Personal Beauty & Wellness Pro Marketplace (“PBW Pro Marketplace”), a website located at www.personalbeautywellness.com (the “Site”) and operated by Personal Beauty & Wellness, Inc. The Site provides mobile applications (the “Application”) and services (the “Services”) collectively called the Site Services (“Site Services”) including on demand and in-home beauty services and the ability to purchase cosmetics and lifestyle products.
Certain features of the Site Services may be subject to additional guidelines, terms, or rules (“Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms.
By accessing or using the Site Services, you are accepting these Terms (for yourself or on behalf of the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to agree to these Terms (for yourself or the entity that you represent).
You may not accept these Terms or access or use the Site or Applications to make purchases or reserve Services if you are not at least 18 years old. You may reserve Services on behalf of individuals under 18 only if you are the parent or legal guardian of such individuals. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.
Rights and Licenses
License to Use Application . We grant you a non-exclusive, non-transferable right to access and use the Site Services made available through the Application and a non-exclusive, non-transferable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal or professional use, subject at all times to these Terms. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of the section entitled “Acceptable Use Policy.”
Certain Restrictions . The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site Services; (c) you will not access the Site Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site Services will be subject to these Terms. All copyright and other proprietary notices on any Site Services content must be retained on all copies thereof. You further agree that you will not seek to hire or otherwise engage our third party expert employees for future Site Services unless you purchase the in-home Site Services directly from us.
Modification . We reserve the right, at any time, to modify, suspend, or discontinue the Site Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site Services.
No Support or Maintenance . You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site Services.
Ownership of the Site Services . Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site Services, including the Site and Applications, are owned by us or our licensors. The provision of the Site Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted under these Terms.
User Content . “User Content” means any and all information and content that a User submits to or posts on: (a) the Site Services and (b) on social networking sites where we have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and as a part of our Site Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not Personal Beauty & Wellness), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License to User Content . You hereby grant, and you represent and warrant that you have the right to grant to PBW an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Site Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Apple App Store . When you download PWB Application, you may do so through Apple Corporation’s App Store, a third-party app retailer. You acknowledge that this Agreement is between you and us and not the App Store or Apple. PBW, not the App Store, is solely responsible for the Services, including the Application, content, maintenance, support services, and warranty, and addressing any claims relating (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, 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 Site Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its own terms.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. You and PBW acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Personal Beauty & Wellness and Apple, Personal Beauty & Wellness, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Acceptable Use Policy . The following sets forth our “Acceptable Use Policy”:
You agree not to use the Site Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site Services, other computer systems or networks connected to or used together with the Site Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site Services; or (vii) introduce software or automated agents or scripts to the Site Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
Enforcement . We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if we determine in our sole discretion that you violated the Acceptable Use Policy or any other provision of these Terms or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section 1.5 entitled “Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site Services, including User Content, in our possession in connection with your use of the Site Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce these Terms; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of Personal Beauty & Wellness, its users, employees or the public, and all enforcement or other government officials, as Personal Beauty & Wellness in its sole discretion believes to be necessary or appropriate.
Feedback and or Review . If you provide us any feedback or suggestions or review regarding the Site Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Indemnity . You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Sites, Advertising and Other Users
Third Party Sites, Ads and Ad Networks . The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites and Ads”). Such Third Party Sites and Ads are not under our control and we are not responsible for any Third Party Sites and Ads. We provide these Third Party Sites and Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. You use all Third Party Sites and Ads at your own risk. When you link to a Third Party Site and Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Site Services.
Other Users . Each Service user is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release . You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We respect the intellectual property of others and ask that users of our Site and Site Services do the same. In connection with our Site and Site Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our Site Services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
Personal Beauty & Wellness, Inc.
P.O. Box 102
Bayville, NY 11709
Changes to these Terms . These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Site Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Severability . If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
Assignment or Transfer . These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms will be binding upon assignees.
Governing Law and Jurisdiction . This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Copyright/Trademark Information. Copyright © 2016 Personal Beauty & Wellness Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Personal Beauty & Wellness, Inc.
P.O. Box 102
Bayville, NY 11709
following important agreements, as they may be in effect and modified from
These agreements are collectively, with this Agreement, called the “Terms
We respect your privacy.
Security is important to us. We strive to use commercially acceptable means to protect your information, but we cannot guarantee its absolute security.
We may use your information to improve the performance and accuracy of our website and system. We will only do so if we can preserve the confidentiality of user identifiable information.
If you choose to post publicly on our blog or otherwise explicitly give us permission to share your identifiable information with others, this information may become public.
You can opt out of marketing communications we send.
We will not sell your information to a third party.
We may link to other websites. We cannot vouch for their privacy policies.
Use of the website is subject to the Terms of Service.
Please contact us if you would like to learn more about our company and our policies.
"Information" is defined in section 2.
"Law" means any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.
"Personally Identifiable Information" is defined in section 2.
"User" is defined in the User Agreement.
Information PBW Collects . PBW may collect information that identifies Users when accessing the Site (collectively, "Information"), which includes:
user names, addresses, phone numbers, birth dates, billing and delivery information, email addresses, credit card information, and other financial account information ("Personally Identifiable Information"),
other information Users provide to PBW but that does not identify Users personally, such as records of User visits, and information Users submit when using the Site, traffic data and usage information generated from User visits to the website, including but not limited to User Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics and the type of device that Users use to access the Site, and
information from third parties, and
Tracking Technologies PBW Uses . PBW may use a variety of technologies to collect Information, including cookies, flash cookies, general log information, and referral information from third party websites.
No Information Collected from Children
Site Not Intended for Children . PBW does not intend that the Site or its content are used by children under the age of 13, or direct the Site or its content at children under the age of 13.
No Information Intentionally Collected from Children . PBW will not, without parental consent, intentionally collect or solicit any Information from anyone under the age of 13, or allow people under the age of 13 to register for the Site.
In Case of Unintended Collection . If PBW learns from any Person that it has collected Information from a child under age 13 without parental consent, PBW shall promptly delete that Information.
How PBW Uses Information . PBW may use the Information its collects to:
provide, operate, maintain, improve, and promote, the Site,
enable Users to access and use the Site, including uploading, downloading, collaborating on, and sharing content,
process and complete transactions, and send Users related information, including purchase confirmations and invoices,
send transactional messages, including responding to User comments, questions, and requests, providing User service and support, and sending Users technical notices, updates, security alerts, and support and administrative messages,
send promotional communications, such as providing Users with information about services, features, newsletters, offers, promotions, contests, events, and sending updates about User team and chat rooms,
monitor and analyze trends, usage, and activities in connection with the Site and for marketing or advertising purposes,
investigate and prevent fraudulent transactions, unauthorized access to the Site, and other illegal activities,
personalize the Site content, features, or advertisements, and
enable Users to share content with other Users they designate.
Security. The security of your Personal Information is important to us but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Information Advertising and Sharing
Credit and Debit Card Information . PBW may share User credit or debit card numbers with third party Payment Service providers or card networks, only to the extent necessary to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
User Settings . PBW shall provide Users the ability to exercise certain controls and choices regarding PBW's collection, use, and sharing of User information, to the extent required by Law, which might include a User's ability to correct, update, and delete account information, change choices for subscriptions and newsletters, choose whether or not to receive offers from PBW, and choose whether the User receives targeted advertising from PBW or third party advertising partners.
Accessing and Correcting User Information
Opportunity to Correct Contact Information and Preferences . PBW shall provide Users with the opportunity to ensure that contact information and preferences are accurate, complete, and up to date, through each User's account, accessible from www.personalbeautywellness.com.
Opportunity to Request Corrections and Deletions . Subject to section 11.3, PBW shall provide Users with the opportunity to request that PBW correct inaccurate Personally Identifiable Information PBW holds, and delete Information PBW is not required to retain by Law or for legitimate business purposes.
California Privacy Rights
Additional Rights for California Residents . If a User is a California resident, the User may have certain additional rights, including:
the right to request information regarding PBW’s disclosure of the User's personal information to third parties for the third parties' direct marketing purposes, under California Civil Code Section 1798.83, and
the right of Users who are minors to request and obtain deletion of certain posted content, under California Business and Professions Code Section 22581.
No Security Guarantees . PBW does not guarantee against all unauthorized disclosure, alteration, or destruction or Information.
Changes to Policy
Notice of Changes. PBW shall provide reasonable notice of any such changes on the Site.
Acceptance of Changes. Users' continued use of the Site after notice of the changes has been posted to the Site will be deemed acceptance of the changes, if a reasonable time has passed in which Users could review the changes, but regardless as to whether the User actually did review the changes.
Links to Other Websites . PBW will not be responsible for the content on or privacy practices of third party sites linked to from the Website.