This agreement (“Agreement”) sets forth the terms and conditions that apply to you, as an individual accessing this Dino Palmieri Salon & Spa (“DPS”) website (“Website”). By accessing this Website, you agree to the following terms and conditions and the Privacy Statement. IF YOU DO NOT AGREE, YOU HAVE NO RIGHT OR LICENSE TO ACCESS ANY PART OF THIS WEBSITE AND YOU SHOULD NOT DO SO.
Changes in Terms and Conditions:
DPS has the right at any time to change or discontinue any aspect, content or feature of this Website. DPS also has the right at any time to change or modify the terms and conditions applicable to your use of this Website or to impose new conditions. Such changes, modifications, additions or deletions will be effective immediately upon posting on this Website or sending you an electronic or conventional mail. Any use of this Website by you subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
Important Notice: Any un-authorized returns will be rejected. DPS will not be responsible for any items that have been sent to us without authorization. If you have any questions, please call us at (440) 498-9411.
You agree to use this Website for lawful purposes only. You are not permitted to post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless DPS has expressly approved such material in advance of its transmission. Any conduct by you that, in DPS’s discretion, restricts or inhibits any other visitors from using or enjoying this Website is expressly prohibited.
Downloading of Intellectual Property:
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by DPS and portions of which are owned by other parties and licensed to DPS. The entire content of this Website are copyrighted as a collective work/compilation. DPS owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as some of the original content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of DPS. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in, or deletion of, trademark legend, copyright or other proprietary notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property:
You agree not to upload, post or otherwise make available on this Website any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner, and the burden of determining that any material is not protected by copyright rests with you. You will be solely liable for any damage resulting from any infringement of copyright or any other proprietary right, or any other harm resulting from such submission. By submitting material to any public area of this Website, you automatically warrant that the owner of such material has expressly granted to DPS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, modify and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other visitor to access, view, store or reproduce the material for their personal use.
Unless otherwise indicated, trademarks that appear on this Website are trademarks of DPS or its affiliates. All other trademarks not owned by DPS or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with DPS or its affiliates.
No Responsibility or Liability
To the extent that portions of this Website (such as chat rooms or bulletin boards) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT DPS DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and Postings do not necessarily reflect the views of DPS. To the fullest extent permitted by applicable laws, DPS shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Website.
DPS reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use:
You hereby authorize DPS to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that DPS or such other parties see fit. You shall have no claim or other recourse against DPS for infringement of any proprietary right in Postings.
Disclaimers And Limitation Of Liability:
Use Is At your Risk:
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD(S), IF ANY. NEITHER DPS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY SITES WITH WHICH IT IS LINKED.
No Warranties of Service:
THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGE OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DPS AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Waiver of Damages:
IN NO EVENT WILL DPS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER DPS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
You agree to defend, indemnify and hold harmless DPS, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website.
Other General Terms:
Please be advised that our email newsletters (“Newsletters”) are part of a wide distribution. The Newsletters are distributed only to those who have opted-in to receive them. If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by following the instructions at the bottom of the email or Newsletter.
Certain portions of this Website are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are not necessarily our own. Neither DPS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. DPS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than employee spokespersons of DPS while acting in their official capacities.
DPS always welcomes suggestions and comments regarding this Website or any of our products. Any comments or suggestions submitted to this Website or DPS, either online or offline, will become DPS’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by DPS might seem to others to be similar to their own submissions or comments.
This Agreement, and any operating rules for this Website established by DPS, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the County of Cuyahoga, Ohio.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.