Data Use & Privacy Policy
Welcome to E-Exclusive Services where you can get attentive, bespoke, high-quality hair care.
You can contact us by phone at 1-513-614-7300, email at eexclusiveservices@gmail.com
This is a written version of E-Exclusive Services Data Use & Privacy. Here you can learn the legal parameters of how we use and protect data. For optimal alignment of your styling and personal care services, please read this policy in its entirety before booking your appointment.
In this document, the terms E-Exclusive(‘s)’, E-Exclusive Hair, ‘E-Exclusive Services’, E-Exclusive Services, LLC’, ’company’, ’we’, ‘our’, ‘us’ are to be referenced interchangeably and refers to E-Exclusive Services, its practitioners, employees, and subsidiaries.
The terms ‘client’, ‘customer’, ‘you’, ‘your(s)’, ‘yourself’, ‘yourselves’ are to be referenced interchangeably.
The terms ‘stylist’ and ‘practitioner’ are to be referenced interchangeably.
The terms ‘multi-day booking’, ‘multi-day service/appointment’ and ‘multi-day travel’ are to be referenced interchangeably
The terms the ‘website’, ‘http://www.eexclusivehair.com’ , ‘the “Site’, the terms ‘service’, ‘appointments’, ‘bookings’ as well as any other related products and services, that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
AGREEMENT TO OUR LEGAL TERMS
We are E-Exclusive Services, LLC, doing business as ‘E-Exclusive Hair’ and ‘E-Exclusive’, a company registered in Ohio, United States at 61 Bishopsgate Drive, #404, Cincinnati, OH 45246.
We operate the website http://www.eexclusivehair.com as well as any other related products and services that refer or link to these legal terms and services.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and E-Exclusive Services, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using.
The modified Legal Terms will become effective upon posting or notifying you by eexclusiveservices@gmail.com, as stated in the email message.
By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you keep a copy of these Legal Terms for your records.
Table of Contents
1. USER ACCOUNT CREATION
About User Accounts & Access to Subscriptions
1.1 To access booking capabilities, subscriptions, perks, and other services with E-Exclusive, you must create and maintain an active personal user account on our third party booking apps (Acuity).
1.2 Your Account and its use are governed by the following terms, and by creating an ‘Account’, you accept and agree to the account creation and subscription enrollment conditions:
(A) To create an online account with Styleseat or Acuity visit the embedded links. To create an offline account with E-ExDex contact us.
(B) You agree to provide true, accurate, current, and complete information during the registration process and agree to update such information to maintain its accuracy.
(C) You must be at least 18 years of age, to create an account with us. By registering, you represent and warrant that you meet this age requirement.
1.3 Accounts are for individual, personal use only. You may not:
(A) Share your Account access with others
(B) Transfer your Account to another person.
(C) Shared or group accounts are strictly prohibited.
Accounts for Kids
1.4 Parents and legal guardians of minor clients have the option of creating separate accounts for their minor children or using their personal accounts to book appointments for their minor children.
(A) The use of an account created by a parent or legal guardian is solely for children 17 years of age or younger.
(B) Children and relatives of Clients’ who are 18 years of age or older must create their own personal account(s).
1.5 Separate accounts created for minor children must include documentation or other written correspondence with:
(A) The minor’s first name
(B) The client-guardian’s First and Last name and legal relationship to the minor Client
(C) Any emotional, physical, or environmental needs of the minor client for the service
1.6 For parents or legal guardians using their personal accounts to book appointments for their minor children are required to note on the booking that their minor child will be the client for that session.
1.7 By using their personal accounts to book appointments for their minor children, parents or legal guardians acknowledge and understand that:
(A) These bookings are subject to the same booking and deposit rules as other services of its kind.
(B) No service notes for the minor client will be kept
(C) Appointments booked for minor clients are not covered by the E-Exclusive Warranties and are ineligible for maintenance plans.
1.8 Account Security and Credentials
(A) Confidentiality: Online account holders are solely responsible for maintaining the confidentiality of login credentials (including the username and password associated with the account).
1- You agree not to disclose your password to any third party.
2- Parents and Legal Guardians are responsible for the login credentials of Accounts made for minors.
(B) Account Activity: You accept full responsibility for all activities and transactions that occur under your (or your child’s Account), whether authorized by you or not. You agree to notify us immediately at eexclusiveservices@gmail.comof any unauthorized access or use of your (or your child’s Account) Account.
(C) Password Requirements: You are responsible for creating a sufficiently strong password and for ensuring the security of your own systems used to access the Account Services. E-Exclusive Services reserves the right to impose specific password complexity requirements or to force periodic password resets to enhance security.
(D) Loss and Liability: E-Exclusive Services cannot and will not be liable for any loss or damage arising from your failure to comply with the above security obligations. Losing control of your credentials may result in the permanent loss of all perks, points, benefits, and data accrued in your Account.
Account Management and Termination
1.9 Our Right to Manage Usernames
E-Exclusive Services reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, otherwise objectionable, or infringes on the rights of another party.
1.10 Our Right to Suspend or Terminate
We reserve the right, in our sole discretion and without liability to you, to disable, suspend, or terminate your Account at any time:
(A) If you have violated any provision of these Legal Terms.
(B) If we believe your actions may cause legal liability for you, our other users, or E-Exclusive Services.
(C) For any other reason
1.11 Your Right to Delete
You may request to permanently delete your Account at any time by contacting us at eexclusiveservices@gmail.com.
Upon termination, your right to use the Services and access your Account and its associated data, including any accrued points or perks, will immediately cease.
1.12 Some parts of this agreement remain in effect even after your account is closed, such as our rules on intellectual property, limitations of liability, and how disputes are resolved.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
2.1 This section outlines the intellectual property rights associated with E-Exclusive Services, LLC (“we,” “us,” or “our”). By accessing or using our Services, you acknowledge and agree to these terms, including all limitations on use, licenses, and responsibilities.
2.2 We reserve the right to enforce these provisions and terminate access for any violations, and you agree to indemnify and hold us harmless from any claims arising from your misuse of our intellectual property.
2.3 E-Exclusive Services, LLC is the owner or licensee of all intellectual property rights in our Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), as well as trademarks, service marks, and logos (the “Marks”).
(A) Protections: Our Content and Marks are protected by:
1- Copyright and trademark laws.
2- Other intellectual property rights and unfair competition laws.
3- Treaties in the United States and around the world.
(B) Provision of Content and Marks: The Content and Marks are provided “AS IS”, solely for your:
1- Personal, non-commercial use.
2- Internal business purposes.
Your Use of Our Services
2.4 Subject to your full compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section, we grant you a non-exclusive, non-transferable, revocable license to:
(A) Access the Services.
(B) Download or print a copy of any portion of the Content to which you have properly gained access.
2.5 This license is limited solely to your personal, non-commercial use or internal business purposes. Any other use requires our express prior written permission.
Restrictions on Use
2.6 Except as explicitly permitted in this section or elsewhere in these Legal Terms, you may not:
(A) Copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for any commercial purpose without our express prior written permission.
2.7 If you wish to use the Services, Content, or Marks in any way not permitted here, please submit your request to: eexclusiveservices@gmail.com. If we grant permission, you must:
(A) Identify us as the owners or licensors of the Services, Content, or Marks.
(B) Ensure that any copyright or proprietary notice remains visible on all postings, reproductions, or displays of our Content.
2.8 We reserve all rights not expressly granted to you in the Services, Content, and Marks. Any breach of these intellectual property rights constitutes a material breach of these Legal Terms, resulting in immediate termination of your right to use our Services.
Your Submissions and Contributions
2.9 Please review this section and the “PROHIBITED ACTIVITIES” section carefully before posting or uploading any content through the Services. By doing so, you grant us certain rights and assume specific obligations.
(A) Submissions: By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”):
1- You assign to us all intellectual property rights in such Submissions.
2- You agree that we own the Submissions and may use or disseminate them unrestrictedly for any lawful purpose (commercial or otherwise) without acknowledgement or compensation to you.
(B) Contributions: The Services may allow you to chat, contribute to, or participate in blogs, message boards, online forums, or other features where you create, submit, post, display, transmit, publish, distribute, or broadcast content and materials (“Contributions”), including text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, personal information, or other material. Publicly posted Submissions are treated as Contributions.
1- You understand that Contributions may be viewable by other users of the Services and potentially through third-party websites.
(C) License Granted for Contributions: By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to:
1- Use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including your image, name, voice, trademarks, service marks, trade names, logos, and personal/commercial images).
2- Prepare derivative works of, or incorporate into other works, your Contributions.
3- Sublicense these rights. This license applies for any purpose (commercial, advertising, or otherwise) in any media formats and through any media channels.
Your Responsibilities for Submissions and Contributions
2.10 By submitting or posting through the Services, you:
(A) Confirm that you have read and agree to comply with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.
(B) To the extent permitted by applicable law, waive any and all moral rights to such Submissions and/or Contributions.
(C) Warrant that your Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit them, and that you have full authority to grant us the rights described above.
(D) Warrant that your Submissions and/or Contributions do not constitute confidential information.
2.11 You are solely responsible for your Submissions and Contributions. You expressly agree to reimburse us for any losses we suffer due to your breach of this section, any third party’s intellectual property rights, or applicable law.
Our Rights Regarding Your Content
2.12 We have no obligation to monitor Contributions but reserve the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, they are harmful or breach these Legal Terms. If we remove or edit Contributions, we may also suspend or disable your account and report you to authorities as appropriate.
Copyright Infringement
2.13 We respect the intellectual property rights of others. If you believe any material available on or through the Services infringes upon a copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENTS section.
3. USER REPRESENTATIONS
User Obligations
3.1 By using the Services, you represent and warrant that you agree to the following:
(A) Accuracy of Information: All registration information you submit will be true, accurate, current, and complete.
(B) Maintenance of Information: You will maintain the accuracy of such information and promptly update it as necessary.
(C) Legal Capacity: You have the legal capacity to enter into these Legal Terms and agree to comply with them.
(D) Age Requirement: You are not a minor in the jurisdiction where you reside.
(E) Access Methods: You will not access the Services through automated or non-human means, such as bots, scripts, or similar technologies.
(F) Permitted Use: You will not use the Services for any illegal or unauthorized purposes.
(G) Compliance with Laws: Your use of the Services will not violate any applicable laws or regulations.
(H) Understanding of Inaccuracies: You understand that any inaccurate submissions may lead to unsatisfactory service from the practitioner.
Consequences of Inaccurate Information
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, E-Exclusive Services reserves the right to:
(A) Suspend or terminate your account.
(B) Refuse any and all current or future use of the Services (or any portion thereof).
3.3 By using our Services, you acknowledge and accept these obligations, ensuring that you provide accurate information and adhere to all outlined conditions.
4. PROHIBITED ACTIVITIES
4.1 You may not access or use our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
4.2 As a user of our Services, you agree not to:
(A) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
(B) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(C) Circumvent, disable, or otherwise interfere with security-related features of the Services, including:
1- Features that prevent or restrict the use or copying of any Content
2- Enforce limitations on the use of the Services and/or the Content contained therein.
(D) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
(E) Use any information obtained from the Services in order to harass, abuse, or harm another person.
(F) Make improper use of our support services or submit false reports of abuse or misconduct.
(G) Use the Services in a manner inconsistent with any applicable laws or regulations
(H) Engage in unauthorized framing of or linking to the Services
(I) Upload or transmit (or attempt te uplead or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services
(J) Delete the copyright or other proprietary rights notice from any content.
(K) Attempt to impersonate another user or person or use the username of another user.
(L) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
(M) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
(N) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
(O) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
(P) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
(Q) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
(R) Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(S) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
(T) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation:
1- Any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or
2- Use or launch any unauthorized script or other software.
(U) Use a buying agent or purchasing agent to make purchases on the Services.
(V) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(W) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
(X) Use the Services to advertise or offer to sell goods and services.
(Y) Sell or otherwise transfer your profile
5. USER GENERATED CONTRIBUTIONS
5.1 The Services may:
(A) Invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and
(B) May provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials for us or on the Services, including but not limited to:
1- Text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information
2- Other material (collectively, “Contributions”).
5.2 Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
5.3 When you create or make available any Contributions, you thereby represent and warrant that:
(A) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(B) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
(C) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to:
1- Use the name or likeness of each and every such identifiable individual person to enable inclusion and
2- Use of your Contributions in any manner contemplated by the Services and these Legal Terms.
(D) Your Contributions are not false, inaccurate, or misleading.
(E) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(F) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(G) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(H) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
(I) Your Contributions do not violate any applicable law, regulation, or rule.
(J) Your Contributions do not violate the privacy or publicity rights of any third party.
(K) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
(L) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
(M) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
(N) Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
6.1 By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to:
(A) Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, except (in whole or in part)
(B) Distribute such Contributions
1- Including, without limitation, your image and voice
2- For any purpose, commercial, advertising, or otherwise
(C) Prepare derivative works of
(D) Incorporate into other works, such Contributions
(E) Grant and authorize sublicenses of the foregoing
6.2 The use and distribution may occur in any media formats and through any media channels.
6.3 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of:
(A) Your name, company name, and franchise name, as applicable
(B) Any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
6.4 You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
6.5 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
6.6 We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.
6.7 You are solely responsible for your Contributions to the Services and:
(A) You expressly agree to exonerate us from any and all responsibility
(B) You refrain from any legal action against us regarding your Contributions.
6.8 We have the right, in our sole and absolute discretion,
(A) To edit, redact, or otherwise change any Contributions;
(B) To re-categorize any Contributions to place them in more appropriate locations on the Services; and
(C) To pre-screen or delete any Contributions at any time and for any reason, without notice.
6.9 We have no obligation to monitor your Contributions.
7. GUIDELINES FOR REVIEWS
7.1 We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(A) You should have firsthand experience with the person/entity being reviewed;
(B) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
(C) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(D) Your reviews should not contain references to illegal activity;
(E) You should not be affiliated with competitors if posting negative reviews;
(F) You should not make any conclusions as to the legality of conduct;
(G) You may not post any false or misleading statements; and
(H) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
7.2 We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
7.3 Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
7.4 We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
7.5 By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
8. THIRD-PARTY WEBSITES AND CONTENT
8.1 The Services may contain (or you may be sent via the Site):
(A) Links to other websites (“Third-Party Websites”) as well as
(B) Articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and
(C) Other content or items belonging to or originaling from third parties (“Third-Party Content”).
8.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for:
(A) Any Third-Party Websites accessed through the Services or
(B) Any Third-Party Content posted on, available through, or installed from the Services including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or
(C) Other policies of or contained in the Third-Party Websites or the Third-Party Content.
8.3 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
8.4 If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content,
(A) You do so at your own risk
(B) You should be aware these Legal Terms no longer govern.
8.5 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
8.6 Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
8.7 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites
8.8 You shall hold us blameless from any harm caused by your purchase of such products or services, any losses sustained by you, or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. ADVERTISERS
9.1 We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements.
9.2 We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
10. SERVICES MANAGEMENT
10.1 We reserve the right, but not the obligation, to:
(A) Monitor the Services for violations of these Legal Terms
(B) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(C) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(D) In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(E) Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. COPYRIGHT INFRINGEMENTS
11.1 We respect the intellectual property rights of others.
11.2 If you believe that any material available on or through the Services infringes upon any copyright you own or control:
(A) Please immediately notify us using the contact information. (a “Notification”.)
(B) A copy of your Notification will be sent to the person who posted (or stored) the material addressed in the Notification.
11.3 Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.
11.4 Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
12. TERM AND TERMINATION
12.1 Duration of Terms
These Legal Terms shall remain in full force and effect while you utilize our Services. By accessing or using the Services, you agree to comply with these terms for as long as you use them.
12.2 Right to Deny Access
WITHOUT LIMITING ANY OTHER PROVISIONS IN THESE LEGAL TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SERVICES AT OUR SOLE DISCRETION.
(A) THIS MAY INCLUDE BLOCKING CERTAIN IP ADDRESSES.
(B) WE MAY TAKE SUCH ACTION FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, BUT NOT LIMITED TO, A BREACH OF ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR ANY APPLICABLE LAW OR REGULATION.
12.3 Termination or Suspension of Services
WE MAY TERMINATE YOUR USE OF THE SERVICES OR YOUR PARTICIPATION IN ANY ACTIVITIES ASSOCIATED WITH THEM, INCLUDING DELETING YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED, AT ANY TIME AND WITHOUT PRIOR NOTICE, AND AT OUR SOLE DISCRETION.
(A) SUCH ACTIONS MAY BE TAKEN IN RESPONSE TO ANY BEHAVIOR OR ACTIVITY WE DEEM INAPPROPRIATE OR HARMFUL TO THE INTEGRITY OF OUR SERVICES OR COMMUNITY.
12.4 Restrictions Following Termination
If we terminate or suspend your account for any reason, you are expressly prohibited from registering and creating a new account under your name, a fictitious name, or the name of any third party. This restriction applies even if you may be acting on behalf of a third party.
12.5 Legal Actions Upon Breach
In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action as necessary. This includes civil, criminal, and injunctive measures to protect our rights and the integrity of our Services.
12.6 Reinstatement of Access
If your account or service relationship has been suspended or terminated, reinstatement of access is at the sole discretion of E-Exclusive Services. Requests for reinstatement will be assessed based on the nature of the circumstances surrounding the termination and must be submitted in writing to us for consideration.
12.7 Notice of Termination
WE MAY PROVIDE NOTICE OF TERMINATION OR SUSPENSION IN ANY METHOD WE DEEM APPROPRIATE, INCLUDING BUT NOT LIMITED TO ELECTRONIC COMMUNICATION OR NOTIFICATIONS THROUGH THE SERVICE ITSELF.
(A) HOWEVER, THE OBLIGATION TO READ AND UNDERSTAND THESE POLICIES RESTS WITH YOU, AND IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL TERMS OUTLINED HEREIN.
12.8 Exit Procedure
Upon termination or suspension of your account, you may lose access to all content and materials associated with your account. We encourage you to keep a backup of any information you may wish to retain prior to termination, as we will not be liable for the recovery of lost data or content.
13. GOVERNING LAW
13.1 These Legal Terms, along with your use of the Services, shall be:
(A) Governed by and construed in accordance with the laws of the State of Ohio, USA, and to the extent applicable, the laws of each jurisdiction in which you reside or from which you access the Services.
(B) Applicable to agreements made and to be entirely performed within the jurisdictional boundaries of Ohio, USA, as well as any applicable laws in the respective countries or regions where the Services are utilized.
(C) Enforceable without regard to the conflict of law principles, ensuring that any legal disputes will be addressed in accordance with the aforementioned legal frameworks, as well as in accordance with the laws of the relevant jurisdictions related to the subject matter.
14. DISPUTE RESOLUTION
Informal Negotiations
14.1 To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to:
(A) First attempt to negotiate any Dispute (except those Disputes expressly provided below)
1- Informally for at least thirty (30) days
2- Before initiating arbitration.
(B) Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
14.2 If the Parties are unable to resolve a Dispute through informal negotiations,
(A) The Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
(B) YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
14.3 The arbitration shall be commenced and conducted under:
(A) The Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate,
(B) The AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”),
Both of which are available at the American Arbitration Association (AAA) website.
14.4 Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
(A) The arbitration may be conducted in person, through the submission of documents, by phone, or online.
(B) The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
(C) The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
(D) Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hamilton County, Ohio.
(E) Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
14.5 If for any reason, a Dispute proceeds in court rather than arbitration,
(A) The Dispute shall be commenced or prosecuted in the state and federal courts located in Hamilton County, Ohio
(B) The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
14.6 Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
14.7 In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.
14.8 If this provision is found to be illegal or unenforceable, then
(A) Neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
(B) The Parties agree to submit to the personal jurisdiction of that court.
Restrictions
14.9 The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
(A) To the full extent permitted by law,
1- No arbitration shall be joined with any other proceeding;
2- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
3- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
14.10 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
(A) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(B) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(C) Any claim for injunctive relief.
14.11 If this provision is found to be illegal or unenforceable, then
(A) Neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and
(B) Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
(C) The Parties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
15.1 There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
15.2 We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
16. DISCLAIMER
16.1 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16.3 WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT:
(A) THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR
(B) THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
16.4 AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF:
1- OUR SECURE SERVERS AND/OR
2- ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
16.5 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:
(A) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
(B) ANY HYPERLINKED WEBSITE, OR
(C) ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
(D) WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
(E) AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
17.1 IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
(A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
(B) OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
(A) FOR ANY CAUSE WHATSOEVER AND
(B) REGARDLESS OF THE FORM OF THE ACTION,
17.3 WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
(A) DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
(B) $500.00 USD.
17.4 CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON:
(A) IMPLIED WARRANTIES OR
(B) THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
17.5 IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS:
(A) MAY NOT APPLY TO YOU, AND
(B) YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
18.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(A) Your Contributions;
(B) Use of the Services;
(C) Breach of these Legal Terms;
(D) Any breach of your representations and warranties set forth in these Legal Terms;
(E) Your violation of the rights of a third party, including but not limited to intellectual property rights; or
(F) Any overt harmful act toward any other user of the Services with whom you connected via the Services.
18.2 Notwithstanding the foregoing, we reserve the right, at your expense, to
(A) Assume the exclusive defense and control of any matter for which you are required to indemnify us, and
(B) You agree to cooperate, at your expense, with our defense of such claims.
18.3 We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
19.1 We will maintain certain data that you transmit to the Services for the purpose of:
(A) Managing the performance of the Services, as well as
(B) Data relating to your use of the Services.
19.2 Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
19.3 You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20.1 By accessing the Services, sending emails, or completing online forms, users engage in electronic communications with E-Exclusive Services, LLC.
20.2 Users consent to receive electronic communications, which may include all agreements, notices, disclosures, and other materials provided electronically, via postal mail, or displayed on the Services. Such electronic communications satisfy any legal requirement for written communication.
20.3 Users hereby agree to the use of electronic signatures, contracts, orders, and transaction records. Users consent to the electronic delivery of notices, policies, and records pertaining to transactions initiated or completed via the Services.
20.4 Users waive any rights or requirements under any applicable laws, statutes, regulations, or ordinances in any jurisdiction that necessitate:
(A) An original signature or the delivery or retention of non-electronic records, or
(B) Payments or the granting of credits through means other than electronic methods.
20.5 Communications, Advertising, and Promotions
(A) Users acknowledge that by using the Services, they consent to receive promotional emails, push notifications, text messages, and additional communications. The Services may include in-app offers and promotions for both E-Exclusive Services products and third-party advertisers (Acuity).
(B) Users understand that booking confirmations, notifications, and transactional communications are necessary for account management and cannot be opted out of.
20.6 Opt-In for Promotional Communications
Users must provide explicit consent to receive promotional emails and text messages. This requirement is established to ensure compliance with applicable regulations.
20.7 Advertising Practices
E-Exclusive Services will maintain user data privacy while providing promotional content. Users can opt out of promotional communications but must continue to receive necessary transactional notifications.
20.8 Reporting Mechanisms
Users have the right to report any objectionable content or discriminatory advertisements. E-Exclusive Services will address reported concerns in accordance with its policies.
Thank you!
20.9 Management of Communication Preferences
Users may manage their communication preferences by adjusting settings within their account profile to align with their preferences regarding promotional content.
21. SMS TEXT MESSAGING
Program Description
21.1 By opting into any Acuity Scheduling, E-Exclusive Messages text messaging program, you expressly consent to receive text messages (SMS) to your mobile number.
21.2 Acuity: Scheduling by Squarespace, Inc., E-Exclusive Services, LLC text messages may include appointment reminders, order updates, responses to inquiries, account alerts, marketing communications and special offers.
Opting Out
21.3 If at any time you wish to stop receiving SMS messages from us:
(A) Simply reply to the text with “STOP.”
(B) You may receive an SMS message confirming your opt out.
Message and Data Rates
21.3 Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by:
(A) Your carrier and
(B) The specifics of your mobile plan.
21.4 If you have any questions or need assistance regarding our SMS communications, please contact us.
22. CALIFORNIA USERS AND RESIDENTS
22.1 If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd. ,Suite N 112
Sacramento, California 95834
Or by telephone at:
(800) 952-5210 or (916) 445- 1254.
23. MISCELLANEOUS
23.1 These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
(A) Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
23.2 These Legal Terms operate to the fullest extent permissible by law.
23.3 We may assign any or all of our rights and obligations to others at any time.
23.4 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
23.5 If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable:
(A) That provision or part of the provision is deemed severable from these Legal Terms and
(B) Does not affect the validity and enforceability of any remaining provisions.
23.6 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
23.7 You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
23.8 You hereby waive any and all defenses you may have based on:
(A) The electronic form of these Legal Terms and
(B) The lack of signing by the parties hereto to execute these Legal Terms.
24. REVIEW BY CLIENT
24.1 Client acknowledges that Client has reviewed these terms and agrees to them prior to Client’s payment of Services.
25. EFFECTIVE DATE OF AGREEMENT
25.1 This Agreement becomes effective:
(A) For paid Services, upon the payment of Services from E-Exclusive Services.
(B) For Services that are free or included at no additional charge with a Subscription, upon the delivery of Services.
26. CONTACT US
26.1 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
(A) E-Exclusive Services, LLC
6710 Harrison Avenue #7
Cincinnati, OH 45247
United States
Phone: 1-513-614-7300
eexclusiveservices@gmail.com
(B) If you have any questions or require clarification, contact E-Exclusive Services prior to booking. E-Exclusive Services reserves the right to modify these terms at any time, with notice provided as required by applicable law.