Effective Date: Jan 01, 2021
Last Modified Date: Aug 26, 2021
Terms of Service Agreement
Salon Manager, Inc. (“Salon Manager”) including SalonManager, Inc.’s subsidiaries, affiliates, divisions, contracts and all data sources and suppliers, (collectively "SalonManager", "we", "us" or "our") welcomes you to SalonManager Application accessible on App Store and Play Store (the “App”) and www.salonmanager.com (the "Website").
All other products and services, including mobile applications, owned, controlled or offered by Salon Manager, and all content offered as part thereof, are collectively referred to herein as the “Services.”
These terms and conditions are conditions precedent for the use of the Website/App/Services. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website/App, we assume you accept the terms and conditions (the ‘Terms’), and you declare that you expressly accept the Terms without any force and coercion. You are hereby warned and made clear, without any kind of ambiguity that if you do not accept these Terms, you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you shall keep, Salon Manager, Website, its owners/affiliates/employees and all person affiliated with Website, harmless and you waive off all your rights to sue the Website its owners and all affiliates. Do not continue to use Salon Manager if you do not agree to take all of the terms and conditions of the Policy stated on this page.
Before using any services, please read carefully the following terms of service.
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization.
Agreeing to use the Services by clicking "I Agree" constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website/App by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you.
Salon Manager is not providing to you, and the services provided here under are not and shall not be deemed or construed to be, legal, financial, accounting or investment advice or recommendations. The services are intended to only assist you in your financial organization and are broad in scope. Your financial situation is unique, and any information provided through the services may not be appropriate for your situation. Accordingly, you should consult with your own legal, financial, accounting or investment advisors who are fully aware of your individual circumstances. Furthermore, you agree that Salon Manager is not acting as your agent or fiduciary in connection with your use of the services.
You further acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of service, the applicable guidelines set forth on the website/app, and the applicable end user license agreement (if any) for any mobile applications you download. If you do not agree to the terms of service, the applicable guidelines and/or the applicable end user license agreement (if any), then please cease using the services immediately.
Modification of Terms of Service and/or Services
Salon Manager reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice, provided that if any such alterations constitute a material change to these Terms of Service, Salon Manager will notify you by posting an announcement on the Website/App
Amendments and modifications shall take effect immediately when posted on the Website/App. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service.
For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
Eligibility and Registration
You may use the Services only if you can form a binding contract with Salon Manager, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The Services are not available to any Users previously removed from the Services by Salon Manager.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
In order to use certain features of the Services, you may have to register and create an account with Salon Manager (your “Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account, including any financial obligations (except as to security breaches caused by Salon Manager). Salon Manager reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination. SALON MANAGER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
You shall pay all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is incurred. You shall be solely responsible for the payment of, and shall pay when due and indemnify Salon Manager against, all applicable federal and state taxes, and payments to Salon Manager under this Agreement (except for taxes assessed on Salon Manager’s net income).
If you wish to purchase any product or service made available through the Services (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Salon Manager the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Ownership and Intellectual Property Rights of Salon Manager
The Services are owned by Salon Manager and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Salon Manager and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by Salon Manager or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Salon Manager or its third party licensors without the appropriate owner’s prior written consent.
Restrictions on Use of Services
Your use of the Services and the relating licenses granted here under are conditioned upon you not doing any of the following in connection with using the Services:
Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Access, tamper with, or use non-public areas of the Website/App, Salon Manager’s computer systems, or the technical delivery systems of Salon Manager’s providers; Attempt to probe, scan, or test the vulnerability of any Salon Manager System or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Salon Manager or any of Salon Manager’s providers or any other third party (including another User) to protect the Services;
Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Salon Manager or other generally available third party platforms (such as iOS, Android, Windows, Google Chrome, Apple Safari, Mozilla Firefox, Microsoft Internet Explorer, or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Salon Manager trademark, logo, URL or product name;
Use the Services for the benefit of any third party or in any manner not permitted by the Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website/App;
Collect or store any personally identifiable information from the Services from other Users without their express prior permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation including, but not limited to fraud or tax evasion;
Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
“Stalk” or otherwise harass anyone;
Collect personal data about other Users for commercial or unlawful purposes; and
Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
Salon Manager will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law.
Salon Manager may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service.
You acknowledge that Salon Manager has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Salon Manager reserves the right, at any time and without prior notice, to remove or disable access to any Content that Salon Manager, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Services.
License Agreement for Using Specific Applications
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and end user licenses associated with your use of the Services, including without limitation the end user license agreement for the Salon Manager mobile applications available at https://salonmanager.com/legal/headless/eula.html and in the Settings area of the application.
Salon Manager may modify such guidelines in its sole discretion at any time. Salon Manager reserves the right to terminate your account and access to the Services if it determines that you have violated any such applicable guidelines.
You are responsible for all Content that you submit, post, provide, or otherwise make available to or through the Services, other than Feedback, as described below (“User Content”). By doing so, you represent and warrant to Salon Manager that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content. By submitting any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you related to the Services (collectively, “Feedback”), you hereby assign to Salon Manager all rights related to such Feedback without any additional compensation to you.
Salon Manager makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all right, title, and interest (including any intellectual property rights) in and to the Customer Data, all Customer Properties, and all content contained within them. However, you hereby grant to Salon Manager and its affiliates a worldwide, non-exclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:
with respect to User Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website/App, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available, and for informational, promotional or other related purposes by Salon Manager.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Salon Manager’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Services;
Information reasonably sufficient to permit Salon Manager to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Salon Manager’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Address: 20660 Stevens Creek Blvd. #222, Cupertino, CA 95014
For clarity, only DMCA notices should go to the Salon Manager Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Salon Manager’s customer service through .
Third Party Sites / Links / Ads
The Services may present you information relating to third party products or services (the “Offers”). The Offers may be custom matched to you based on information stored in the Services or other information. In connection with the Offers, the Services will provide links to other websites belonging to advertisers and other third parties. Your dealings with these third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.
Salon Manager does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Salon Manager will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that Salon Manager shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE SALON MANAGER, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Disclaimer of Warranties
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALON MANAGER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SALON MANAGER DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SALON MANAGER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SALON MANAGER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. SALON MANAGER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL Salon Manager OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE/APP, CONTENT OR SERVICES.
YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT Salon Manager IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL Salon Manager OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES/APP; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CON DUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICES, INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH SUCH SERVICES, SHALL BE FOR Salon Manager TO USE COMMERCIALLY REASONABLE EFFORTS TO EFFECTUATE AN ADJUSTMENT OR REPAIR OF THE APPLICABLE SERVICE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Salon Manager HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold harmless Salon Manager, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.
Termination and Survival
Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Salon Manager agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Salon Manager. Salon Manager’s address for such notices is 20660 Stevens Creek Blvd. #222, Cupertino, CA 95014, Attention: Legal.
If you and Salon Manager are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website/app www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $1,000, Salon Manager will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Salon Manager may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION
Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in San Francisco County, California with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING
You and Salon Manager agree that any arbitration will be limited to the Dispute between Salon Manager and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Salon Manager ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Salon Manager otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION
Arbitration will take place in Santa Clara County, California. You and Salon Manager agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Santa Clara County, California have exclusive jurisdiction and you and Salon Manager agree to submit to the personal jurisdiction of such courts.
You and Salon Manager agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in the above, if any portion of the section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in the section above is found to be illegal or unenforceable, neither you nor Salon Manager will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Santa Clara County, California, and you and Salon Manager agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.