Your agreement that the Service is provided “as is” and without warranty (Section 17).
Your agreement that Pipbuzzz to Go has no liability regarding the Service (Section 18).
Your permission to release Pipbuzzz to Go from liability based on claims between Clients (Section 3) and generally (Section 18)
Your agreement to indemnify Pipbuzzz to Go from claims due to your use or inability to use the Service or content submitted from your account to the Service (Section 19)
Your permission that either party has the right to compel arbitration (Section 20).
Your permission that no claims can be adjudicated on a class basis (Section 20).
1. Service Connects Pipbuzzz to Go beauty professionals and Clients
The Service is a communications platform which enables the connection between Clients and Pipbuzzz to Go beauty professionals. Clients are individuals and/or businesses seeking to obtain beauty services from Pipbuzzz beauty professionals and are therefore clients of Pipbuzzz to Go beauty professionals, and Pipbuzzz to Go beauty professionals are employees of Pipbuzzz toGo. Clients are hereinafter referred to as “Clients.”
2. Service Only Provides a Venue
The Service is a platform for enabling connections between Clients for the fulfillment of Reserved services, but Pipbuzzz to Go is not responsible for the performance of Clients, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Reserved services Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Clients. Pipbuzzz to Go does not have control over the quality, timing or legality of Reserved services delivered by its Pipbuzzz to Go beauty professionals. Pipbuzzz to Go makes no representations about the suitability, reliability, timeliness, or accuracy of the Reserved services requested and provided by Clients identified through the Service whether in public, private, or offline interactions.
3. User Vetting
Pipbuzzz to Go beauty professionals are subject to an extensive vetting process before they can be hired and during their use of the Service, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Clients hereby give permission to Pipbuzzz to Go to conduct background checks as often as required in adherence to federal and state laws and the Fair Credit Reporting Act.
Although Pipbuzzz to Go may perform background checks of Clients, as outlined above, Pipbuzzz to Go cannot confirm that each User is who they claim to be and therefore, Pipbuzzz to Go cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Service.
When interacting with other Clients, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER PIPBUZZZ TO GO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE PIPBUZZZ TO GO AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. PIPBUZZZ TO GO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
4. Billing and Payment
Clients of the Service contract for Reserved services directly with other Clients. Pipbuzzz to Go will be a party to any contracts for Reserved services or services.
Clients of the Service will be required to provide their credit card or bank account details to Pipbuzzz and the Payment Service Provider retained by Pipbuzzz to Go (the “PSP”).
Clients will be responsible for paying the invoice for each Beauty (the “Invoice”), which will include (i) the pricing terms of the Beauty agreed with and provided by a Pipbuzzz to Go professional (“Beauty Payment”), (ii) any out of pocket expenses agreed with and submitted by a Pipbuzzz to Go professional in connection with the Beauty, (iii) any tip or gratuity, if applicable, (iv) the service fee Pipbuzzz assesses for the Service, based on the Beauty Payment amount, and (v) the trust and safetyfee, which is used to offset Pipbuzzz's to Go cost of submitting you the Pipbuzzz to Go Guarantee set forth in Section 13.
Within 24 hours after Client receives confirmation through the Service or via email that a Beauty has been completed, Client authorizes Pipbuzzz to Go to provide Client's payment details to the PSP for processing of Beauty Payment, out of pocket expenses owed to Pipbuzzz to Go professional, any tip or gratuity, if applicable, and the service charges and trust and safety charges owed to Pipbuzzz to Go for the use of the Service. You may be charged a cancellation fee through the PSP if you book a Beauty, but cancel it before it is completed, as set forth in the Beauty pricing terms.
Pipbuzzz to Go reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Beauty Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Beauty Payment and charges must be paid through the Service and may be paid using a Gift Card (see Section 5) in Client’s sole discretion.
Clients of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on Pipbuzzz’s to Go income).
5. Gift certificates and Vouchers
Pipbuzzz to Go gift certificates (“Gift certificates”) and vouchers or promotional codes (“Vouchers”) may be available and can be used to pay Beauty Payments and Pipbuzzz to Go charges in part or in full, but may not be used to pay for reimbursement of out of pocket expenses and Pipbuzzz to Go charges associated with a Beauty provided through the Service. Vouchers are an offer (subject to the terms of the voucher) by Pipbuzzz to Go to reduce the amount a Client has to pay in relation to a Beauty Payment and/or our fee. Vouchers will not affect the amount of the Beauty Payment a Pipbuzzz to Go professional ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Clients (which means that you will not use such a Voucher with a new account you create if you already have an account on the Service).
Client must enter each Gift Card into Client’s account for its appropriate value before Client can use that value on the Service.
Gift certificates are not replaceable if lost or stolen and have no expiration date, but in certain U.S. states, after a period of time, we may remit the legal tender associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once we have remitted such legal tender to a state, if someone tries to submit the Gift Card, it may no longer be admitted and we may direct them to that state’s government instead. Gift certificates have no legal tender value and are not able to be exchanged for legal tender except in the following ten U.S. states where it is required by law to the extent noted below: California, Montana, Washington, Vermont, Maine, Rhode Island, West Virginia, Colorado, Massachusetts, and Oregon. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may submit it for legal tender:
· California < USD 10
· Montana < USD 5
· Washington < USD 5
· Vermont < USD 1
· Maine < USD 5
· Rhode Island < USD 1
· West Virginia < USD 1
· Colorado < USD 5
· Massachusetts < USD 5
· Oregon < USD 5
7. Public Areas; Acceptable Use
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Clients to communicate with other Clients. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.
Without limitation, while using the Service, you may not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Pipbuzzz to Go staff.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Service for any purpose, including, but not limited to posting or completing a Beauty, in violation of local, state, national, or international law.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
Post the same Beauty repeatedly (“Spamming”). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Imply or state that any statements you make are endorsed by Pipbuzzz, to Go without the prior written permission of Pipbuzzz.to Go.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
Hack or interfere with the Service, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Pipbuzzz to Go.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
Use the Services in violation of the Marketplace Guidelines.
Use the Service to solicit for any other business, website or service, or otherwise contact Clients for employment, contracting or any purpose not related to use of the Service as set forth herein.
Use the Service to collect usernames and or/email addresses of Clients by electronic or other means.
Register under different usernames or identities, after your account has been suspended or discontinued.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Pipbuzzz to Go will not be responsible for the action of any Clients with respect to any information or materials posted in Public Areas.
8. Discontinuation and Suspension
Pipbuzzz to Go may discontinue or suspend your right to use the Service at any time for any or no reason by submitting you with written or email notice of such discontinuation, and discontinuation will be effective immediately upon delivery of such notice.
Without limitation, Pipbuzzz to Go may discontinue or suspend your right to use the Service if you interference any term of this Agreement (including the Marketplace Guidelines) or any policy of Pipbuzzz to Go posted through the Service from time to time, or if Pipbuzzz to Go otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Pipbuzzz to Go discontinues or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. If Pipbuzzz to Go discontinues or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Pipbuzzz to Go reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is discontinued or suspended, this Agreement will remain enforceable against you.
You may discontinue this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or discontinuation of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or discontinuation of this Agreement.
9. Account, Password, Security and Mobile Phone Use
You must register with Pipbuzzz to Go and create an account to use the Service. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Pipbuzzz to Go for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Pipbuzzz to Go has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other interference of security, you will contact Pipbuzzz to Go immediately.
By submitting your mobile phone number and using the Service, you hereby affirmatively permission to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Pipbuzzz to Go will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or Pipbuzzz to Go mobile application, or by emailingopt-out-texts@Pipbuzzz.com.
10. Your Information and Likeness
“Your Information” is defined as any information and materials you provide to Pipbuzzz to Go or other Clients in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to Pipbuzzz to Go that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Pipbuzzz to Go or cause Pipbuzzz to Go to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Service hosts User Generated Content relating to reviews of specific Pipbuzzz to Go beauty professionals. Such reviews are opinions and not the opinion of Pipbuzzz to Go, have not been verified or approved by Pipbuzzz and each Client should undertake their own research to be satisfied that a specific Pipbuzzz to Go professional is the right person for a Beauty. You agree that Pipbuzzz to Go is not liable for any User Generated Content.
You hereby grant Pipbuzzz to Go a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
Each Pipbuzzz to Goprofessional who provides to Pipbuzzz to Go any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to Pipbuzzz to Go the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
· Use any videotape, film, record or photograph that such Pipbuzzz to Go professional provides to Pipbuzzz to Go, and use, reproduce, modify, or creative derivatives of such Pipbuzzz to Go professional picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Pipbuzzz to Go professional in connection with the Service.
· Reproduce in all media any recordings of such Professionals voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.
· Use, and permit to be used, such Professionals Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media.
· Use, and permit to be used, such Professionals name and identity in connection with the Service.
Each Pipbuzzz to Go professional hereby waives all rights and releases Pipbuzzz to Go from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Professionals identity, likeness or voice in connection with the Service.
Each Pipbuzzz professional acknowledges that Pipbuzzz to Go shall not owe any financial or other remuneration for using the recordings provided hereunder by such Pipbuzzz to Go professional, either for initial or subsequent transmission or playback, and further acknowledges that Pipbuzzz to Go is not responsible for any expense or liability incurred as a result of such Professionals recordings or participation in any recordings, including any loss of such recording data.
11. Links to Other Websites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Pipbuzzz of those sites or their content. Such links are provided as an information service, for reference and convenience only. Pipbuzzz does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by Pipbuzzz Service as well as any advertisements displayed in connection therewith) does not mean that Pipbuzzz endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
13. Pipbuzzz t0 Go Guarantee
Pipbuzzz Guarantee provides protection for up to (a) USD 1,,000.00 in damages arising from (i) property damage to Clients or third parties arising directly from a Professionals negligence in performance of a Beauty through the Service and (ii) bodily injury to Clients or third parties arising directly from a Professionals negligence in the performance of a Beauty through the Service, and (b) USD 10,000 per occurrence from theft of a Client or third party’s property by a Pipbuzzz to Go professional during performance of a Beauty through the Service. These payments are subject to certain conditions, limitations and exclusions, as described in Pipbuzzz to Go Guarantee Terms available at www.Pipbuzzz.com/guarantee (the "Guarantee Terms").
14. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Clients see or read through the Service is owned by Pipbuzzz to Go, excluding User Generated Content that Pipbuzzz has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Pipbuzzz to Go owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Clients may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Pipbuzzz to Go express prior written permission and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Pipbuzzz to Go and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Pipbuzzz, including without limitation Pipbuzzz to Go and Pipbuzzz to Go logos are service marks owned by Pipbuzzz to Go. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written permission of the owner.
15. Copyright Complaints and Copyright Agent
Pipbuzzz to Go respects the intellectual property of others, and expects Clients to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Pipbuzzz to Go.
· A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Pipbuzzz to Go to locate the material, and explain why you think an infringement has taken place;
· A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
· An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Pipbuzzz to Go and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Pipbuzzz to Go in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Pipbuzzz to Go upon discontinuation of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Pipbuzzz to Go trade secrets, confidential and proprietary information and all other information and data of Pipbuzzz to Go that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PIPBUZZZ TO GOMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. PIPBUZZZ TO GO DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND PIPBUZZZ TO GO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. 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.
WITHOUT LIMITING THE FOREGOING, NEITHER PIPBUZZZ TO GO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY BEAUTY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER PIPBUZZZ TO GO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER PIPBUZZZ TO GO NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
PIPBUZZZ TO GO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE PIPBUZZZ TO GO SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE BEAUTY AND SELECTING THEIR PIPBUZZZ TO GO PROFESSIONAL AND DETERMINING THE BEAUTY AND PIPBUZZZ TO GO DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR . PIPBUZZZ DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PROFESSIONALS PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENCE.
18. No Liability
YOU ACKNOWLEDGE AND AGREE THAT PIPBUZZZ TO GO IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD PIPBUZZZ TO GO, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY PIPBUZZZ TO GO OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE PIPBUZZZ TO GO GUARANTEE TERMS.
UNDER NO CIRCUMSTANCES WILL PIPBUZZZ TO GO, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PIPBUZZZ TO GO ACCEPTS LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT PIPBUZZZ TO GO OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES IN EXCESS OF THE PIPBUZZZ TO GO GUARANTEE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL CHARGES PAID BY YOU TO PIPBUZZZ DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Pipbuzzz to Go, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' charges and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Pipbuzzz to Go reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written permission of Pipbuzzz.to Go.
20. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
21. General Provisions
Failure by Pipbuzzz to Go to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Pipbuzzz to Go with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Pipbuzzz to Go, its successors and assigns.
22. Changes to this Agreement and the Service