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WEBSITE GUEST AGREEMENT
This Agreement sets forth the terms and conditions which
apply to your use of the Laura LAURA DuPriest, INC. Website
and any other product or service offered for sale by Laura
DuPriest, Inc. through the LAURA DuPriest, INC. Website. The
right to use the LAURA DuPriest, INC. Website and any other
product or service offered by LAURA DuPriest, INC. through
the Website is personal to you and is not transferable to
any other person or entity.
1. Definitions. The "Service" is the personalized
online news, information, shopping and interactive service
operated by LAURA DuPriest, INC. on the World Wide Web of
the Internet accessible through the LAURA DuPriest, INC. Website.
"Guest" means each person who elects to use any of the products
or services, or features thereof.
2. General. LAURA DuPriest, INC. shall have the right
at any time to change or discontinue any aspect or feature
of the Service, including, but not limited to, content, hours
of availability, registration requirements and equipment needed
for access or use.
3. Changed Terms. LAURA DuPriest, INC. shall have
the right at any time to impose, change, or modify its other
terms and conditions applicable to use of the Service, or
any part thereof, or to impose new terms and conditions. Such
changes, modifications, additions, or deletions shall be effective
immediately upon notice thereof, which may be given by any
reasonable means including, but not limited to, posting on
the Service a revised version of this Agreement and notification
by electronic or conventional mail. Any use of the Service
by the Guest after such notice shall conclusively be deemed
to constitute acceptance by the Guest of such changes, modifications,
additions, or deletions. The Guest agrees to review the terms
and conditions periodically to be aware of such revisions.
4. Guest Conduct.
(A) The Service shall be used for lawful purposes only.
No material shall be posted on or transmitted which violates
or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, indecent or
otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability
or otherwise violates any law. No conduct shall be undertaken
that, in LAURA DuPriest, INC.'s judgment, restricts or inhibits
any other user from using or enjoying the Service. Advertising
or commercial solicitation may not be posted on or transmitted
through the Service by Guests.
(B) The Service contains copyrighted material, trademarks
and other proprietary information including, but not limited
to, text, software, photos, video, graphics, music and sound,
and the entire content of the Service is copyrighted as a
collective work under the United States copyright laws. LAURA
DuPriest, INC. owns a copyright of the selection, coordination,
arrangement and enhancement of such content, as well as in
the content original to it. Each third-party content provider
owns the copyright in content original to it. No Guest may
modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any
of the content of the Service, in whole or in part. Except
as otherwise expressly permitted under copyright law, no copying,
redistribution, publication or commercial exploitation of
downloaded material from the Service will be permitted without
the express-written permission of LAURA DuPriest, INC. and
any other copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark, legend
or copyright notice shall be made. Each Guest acknowledges
that he or she does not acquire any ownership rights by downloading
copyrighted material.
(C) No material protected by copyright, trademark
or other proprietary right shall be uploaded, posted or otherwise
made available by the Guest on the Service without the express
permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material
is not protected by copyright rests with the Guest. The Guest
shall be solely liable for any damages resulting from any
infringement of copyrights, proprietary rights, or any other
harm resulting from any uploading, posting or submission.
(D) Each Guest hereby grants to LAURA DuPriest, INC.
a royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display
any message posted in the Service (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media
or technology now known or later developed.
(E) Each Guest shall provide LAURA DuPriest, INC.
with accurate, complete and updated information as to his
or her name and e-mail address provided by Guest.
(F) No Guest may (i) select or use a Guest name or
e-mail address of another person with the intent to impersonate
that person; (ii) use a Guest name or e-mail address subject
to the rights of any person other than the Guest without authorization;
(iii) use a Guest name in violation of the intellectual property
rights of any person; or (iv) use a Guest name that LAURA
DuPriest, INC., in its sole discretion, deems offensive.
(G) The foregoing provisions of this Section 4 are
for the benefit of LAURA DuPriest, INC., its affiliates, and
third-party content providers and licensors, if any, and each
shall have the right to assert and enforce such provisions
directly on its own behalf.
5. Third-Party Content. The Service contains content
supplied by parties other than LAURA DuPriest, INC.. Any opinions,
advice, statements, services, offers, or other information
or content expressed or made available by such third parties,
including information providers and Guests, are those of the
respective author(s) or distributor(s) and not of LAURA DuPriest,
INC.. Neither Laura DuPriest Salon & Day Spa nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose. (Refer to Section 6 below for
the complete provisions governing limitation of liabilities
and disclaimers of warranty.) In many instances, the content
available through the Service represents the opinions and
judgments of the respective information provider or Guest,
and not of Laura DuPriest Salon & Day Spa.
6. Disclaimer of Warranty; Limitation of Liability.
(A) EACH GUEST EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT HIS OR HER SOLE RISK. NEITHER LAURA DuPriest, INC.,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE: NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY,
OR CONTENT OF ANY INFORMATION, SERVICE, [OR MERCHANDISE] PROVIDED
THROUGH THE SERVICE.
(B) 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 TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS
SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT
LAURA DuPriest, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING GUESTS AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH EACH GUEST.
(D) IN NO EVENT WILL LAURA DuPriest, INC. OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY
WARRANTY.
(E) LAURA DuPriest, INC. NEITHER ENDORSES NOR IS
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION,
ADVICE, OR STATEMENT ON THE ONLINE SERVICE, NOR FOR ANY OFFENSIVE,
DEFAMATORY, OR OBSCENE POSTING MADE ON THE SERVICE BY ANYONE.
UNDER NO CIRCUMSTANCES WILL LAURA DuPriest, INC. BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A GUEST'S RELIANCE ON INFORMATION
OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SERVICE.
IT IS THE RESPONSIBILITY OF EACH GUEST TO EVALUATE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE,
OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
(F) LAURA DuPriest, INC. DOES NOT ENDORSE, WARRANT
OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY
THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN ANY GUEST AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
EACH GUEST SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
(G) EACH GUEST SPECIFICALLY ACKNOWLEDGES THAT IN NO
EVENT WILL LAURA DuPriest, INC., ITS AFFILIATES, NOR ANY OF
THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF (i) THE USE BY SUCH GUEST OF ANY BROWSER OWNED OR OPERATED
BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED
OR OPERATED BY ANY THIRD-PARTY IN CONNECTION WITH THE SERVICE.
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7. Monitoring. LAURA DuPriest, INC. shall have the
right, but not the obligation, to monitor the content of the
Service to determine compliance with this Agreement and any
other operating rules established by LAURA DuPriest, INC..
Laura DuPriest Salon & Day Spa shall have the right in its
sole discretion to edit, refuse to post or remove any material
submitted to or posted on the Service. Without limiting the
foregoing, LAURA DuPriest, INC. shall have the right to remove
any material that Laura DuPriest Salon & Day Spa, in its sole
discretion, finds to be in violation of the provisions hereof,
otherwise objectionable or stale. Notwithstanding this right
of LAURA DuPriest, INC., Guests shall remain solely responsible
for the content of their messages. Each Guest acknowledges
and agrees that neither LAURA DuPriest, INC. nor any third
party content provider shall assume or have any liability
for any action or inaction by LAURA DuPriest, INC. or any
third party content provider with respect to any conduct,
communication or posting on the Service.
8. Indemnification. Each Guest agrees to defend,
indemnify, and hold harmless LAURA DuPriest, INC., its affiliates,
and their respective directors, officers, employees, and agents
from and against all claims and expenses, including attorneys'
fees, arising out of the use of the Service by such Guest.
9. Termination. Either LAURA DuPriest, INC. or Guest
may terminate this Agreement at any time. Guest's only right
with respect to any dissatisfaction with (i) any terms and
conditions of this Agreement, (ii) any policy or practice
of Laura DuPriest Salon & Day Spa in operating the Service,
or (iii) any content available through the Service or any
change therein, is to terminate this Agreement. Without limiting
the foregoing, LAURA DuPriest, INC. shall have the right to
immediately terminate this Agreement with respect to any Guest
in the event of any conduct by Guest which LAURA DuPriest,
INC., in its sole discretion, considers to be unacceptable,
or in the event of any breach by Guest of this Agreement.
The provisions of Sections 3, 4, 5, 6, 7, 8, and this, Section
9, shall survive termination of this Agreement.
10. Trademarks. Trademarks are registered trademarks
of LAURA DuPriest, INC.. All rights reserved. All other trademarks
appearing on the Service are the property of their respective
owners, including, in some instances, LAURA DuPriest, INC..
11. Equipment. Each Guest shall be responsible for
obtaining and maintaining all telephone, computer hardware,
and other equipment needed for access to and use of the Service,
and Guests shall be responsible for all charges related thereto.
12. Privacy. See LAURA DuPriest, INC. Privacy
Policy.
13. Miscellaneous. This Agreement and any operating
rules for the Service established by LAURA DuPriest, INC.
constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance
with the laws of the State of California, without regard to
its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not
be given any legal import.
Bulletin Board User Guidelines
LAURA DuPriest, INC. has created some guidelines (the “Guidelines”)
to help all of our visitors understand what is acceptable
and what is not acceptable in our bulletin board so that LAURA
DuPriest, INC. may provide a positive environment for everyone
to enjoy.
Guidelines: The bulletin
board is a private service provided by LAURA DuPriest, INC.
and is subject to the Guidelines and other rules that may
be established by LAURA DuPriest, INC. from time to time.
LAURA DuPriest, INC.’s bulletin board is currently provided
as a free service to any member who agrees to abide by the
terms and conditions of the Guidelines, but LAURA DuPriest,
INC. reserves the right to alter this relationship at any
time, subject to notice. ENTERING LAURA DuPriest, INC.’S
BULLETIN BOARD WILL CONSTITUTE ACCEPTANCE OF THE GUIDELINES.
VISITORS WHO VIOLATE THE GUIDELINES MAY BE BANNED PERMANENTLY
FROM USING Laura DuPriest, INC. bulletin board.
The following Guidelines apply while using LAURA DuPriest,
INC.’s bulletin board:
1. Pornographic, obscene, violent, and other inappropriate
messages are prohibited.
2. Posting advertising, promotional materials or other forms
of solicitation are prohibited.
3. Harassment of another visitor in LAURA DuPriest, INC.’s
bulletin board is prohibited.
4. Visitors may not disrupt a chat by repeatedly posting
the same message or posting excessively long messages.
5. Offensive and indecent screen names are not allowed and
will be blocked.
6. Impersonating others, including without limitation, Laura
DuPriest, any employee of LAURA DuPriest, INC., a bulletin
board host or another bulletin board visitor is prohibited
and such false screen names may be blocked by LAURA DuPriest,
INC..
7. LAURA DuPriest, INC. is not responsible for the content
posted by any visitors and LAURA DuPriest, INC. may remove
any content that is in violation of the Guidelines. Each visitor
will be held liable to the fullest extent of the law for his
or her content and for all activities conducted through any
screen names registered to such visitor’s e-mail address.
8. LAURA DuPriest, INC. may from time to time elect in its
sole discretion whether or not to monitor some or all of its
bulletin board to ensure that the Guidelines or other rules
that it may publish from time to time are enforced. Visitors
to Laura DuPriest, Inc. bulletin board acknowledge that Laura
DuPriest, Inc. may not monitor any part of its bulletin board
and that by providing the ability to distribute content Laura
DuPriest, Inc. is acting in a merely passive capacity for
such distribution. Accordingly, LAURA DuPriest, INC. does
not undertake any obligation or liability relating to any
content or activities in its bulletin board.
9. LAURA DuPriest, INC. shall have the right to edit and
alter any visitor’s message prior to posting such message
in the bulletin board and to use any messages (whether or
not edited or altered by LAURA DuPriest, INC.) posted by a
visitor to Laura DuPriest Salon & Day Spa’s bulletin
board in all media (whether now known or hereinafter developed),
in perpetuity, without payment of any kind whatsoever to such
visitor.
10. To the full extent permissible under applicable law,
LAURA DuPriest, INC. shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from
any visitor’s use or inability to use LAURA DuPriest,
INC.’s bulletin board.
11. It is LAURA DuPriest, INC.’s policy to respect
the privacy of visitors to its bulletin board. However, Laura
DuPriest, Inc. reserves the right to edit or disclose the
contents of private communications to law enforcement authorities,
if in Laura DuPriest, Inc. sole opinion such action is necessary
to: (i) conform to any applicable law, rules or regulations
or comply with legal process served on LAURA DuPriest, INC.,
(ii) protect and defend the rights or property of Laura DuPriest,
Inc., or (iii) protect the personal safety of visitors to
Laura DuPriest Salon, Inc. bulletin board.
12. All visitors expressly agree that use of LAURA DuPriest,
INC.’s bulletin board is at each visitor’s own risk.
Laura DuPriest Salon & Day Spa expressly disclaims all warranties
of any kind, whether express or implied. LAURA DuPriest, INC.
makes no warranty that it will meet visitors’ requirements,
or that Laura DuPriest, Inc. bulletin board will be uninterrupted,
timely, secure, or error free, or as to the accuracy or reliability
of any information obtained through us.
LAURA DuPriest, INC. RESERVES THE RIGHT TO RESTRICT bulletin
board ACCESS TO ANY VISITOR FOR ANY REASON OR NO REASON AT
ALL.
Privacy Policy
LAURA DuPriest, INC. Website is maintained by LAURA DuPriest,
INC. ("LAURA DuPriest, INC.") and follows the LAURA DuPriest,
INC. Privacy Policy (as detailed below).
The LAURA DuPriest, INC. Website does not collect personal
information about individuals except when knowingly provided
by such individuals (or as otherwise detailed below). Any
personal information (e.g., name, e-mail address, etc.) provided
by such individuals may be used in connection with LAURA DuPriest,
INC., the Laura DuPriest Salon & Day Spa Website and for such
other purposes as may be indicated at the point of collection
(or otherwise detailed in the Laura DuPriest Salon & Day Spa
Privacy Policy). From time to time, such information may be
provided to reputable third parties for marketing or information
gathering purposes. While Laura DuPriest Salon & Day Spa will
use reasonable good faith efforts to require third parties
to adhere to its privacy policies, it does not bear any responsibility
for any actions or policies of such parties.
You should be aware that when you voluntarily disclose personal
information (e.g. name, e-mail address, etc.) on the LAURA
DuPriest, INC. Website, such information can be collected
and used by others and may result in unsolicited messages.
Kids: Please be sure to ask your parents for permission
before sending any information about yourself over the Internet.
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