STYLE ME ASAP SUBSCRIBER AGREEMENT
The following specifies the terms and conditions on which Style Me ASAP offers you access to our service. You must read the terms of this Agreement and by signing up for this service you accept all of these terms.
1. Welcome to Style Me ASAP!
Style Me ASAP provides subscribers advice on how to look their best while projecting their own unique personal style. We reserve the right to discontinue these services, or any portion of these services, at any time, provided we comply with the other provisions of this Agreement. Style Me ASAP reserves the right to update or revise this Agreement at any time. Your continued use of our services following the posting of any changes to this Agreement constitutes acceptance of those changes.
2. Our Services.
-When opted into the Mini, Midi or Maxi memberships, paid subscribers receive the right to submit questions by email at any time; up to 5 per month for Mini level subscribers, 10 per month for Midi level subscribers and 25 per month for Maxi level subscribers. Style Me ASAP will notify customers that they will need to upgrade their membership when attempting to exceed their monthly allotment. Subscribers can attach photographs, and will have an opportunity to at anytime opt into the Mega membership to utilize the live video chat feature.
-A stylist from Style Me ASAP will respond to questions within 24 hours for Mini and Midi Level subscribers and within 12 hours for Maxi Level subscribers. If Style Me ASAP does not meet this deadline, the question will be answered for free and will not count against the monthly allotment.
-Each question can only pertain to one topic and may not have subparts. If a question includes more than one topic or has multiple parts, Company will treat each part or topic as a separate question, and will answer only the first.
-Unused questions expire at the end of each 30 day membership cycle.
-Subscribers may not transfer questions to any other party.
-The Mega membership can be purchased singularly or can be applied to any current membership. It offers ASAP members a one-on-one video consultation with an ASAP stylist via FaceTime for Mac or Skype. Consultations are scheduled in advance, and are billed in 15 minute increments at the rate of $50 per quarter hour.
-Once opted into the Mega membership, clients can select the amount of time for which they would like to video chat. 15min, 30min, 45min or 60minutes can be opted into by clicking on the desired time allotment on the drop down menu. The customer will then pay for their selection, upon which they will be emailed both a payment confirmation and an inquiry as to when they would like to schedule their appointment/s.
-Each appointment shall be purchased separately. This means that if 60 minutes are purchased, those 60 minutes are to be used in 1 single session. If a client would like to have the aid of a stylist for 2 separate half hour sessions, then he or she should make two 30 minute purchases. If a client is seeking a 90 minute session, he or she can purchase one 30 minute session and one 60 minute session, and submit for scheduling one session right after the next.
-Minutes do not carry over from session to session
-The initial confirmation email will ask the user for the following from the client: Time Zone, Ideal session time, Secondary session time, a Telephone number and an optional Description of what the call will be about. The client will also need to supply whether they would prefer Skype or FaceTime for Mac, as well as the user names for the client account.
-The ASAP stylist will be responsible for beginning the video chat, initiating the call to the client at the designated time
-If for whatever reason that call is missed, the client will have the opportunity to reschedule 1 time. If that second video chat is missed, there will be no further follow-up and no refunds.
-If for any reason a client exhibits behavior the ASAP stylists deems inappropriate during the call, the ASAP stylist reserves the right to terminate the chat at any time.
-To avoid the overrun of a session, the ASAP stylist will provide a 5 minute warning. The stylist will plan to wrap up the session and should be expected to terminate the call at the prescheduled time. If a call is expected to run longer than an hour, clients are encouraged to book two sessions one after the next to ensure the stylist’s prolonged availability.
3. Subscription Billing, Termination, and Cancellation
Subscriptions You Purchase:
Mini, Midi and Maxi subscription are based on 30 day cycles, and Style Me ASAP will automatically debit the monthly payment at the beginning of each subscriber cycle.
If you wish to cancel any of the above subscription, please contact email@example.com. Cancellation before the expiration of the subscription will take effect the following billing day of the next month and will not result in a refund.
Mega subscriptions are billed upon purchase and per call. Unused sessions will expire 1 year from the day of purchase.
Terms Applicable to all Subscriptions:
Style Me ASAP reserves the right to terminate this Agreement without notice if a client violates his or her terms or conditions, if a charge to the client credit card or other payment method is declined or if a subscription expires.
Style Me ASAP may engage the use of a third party payment processing service provider in order to facilitate the payment of User subscriptions. In the event Style Me ASAP utilizes a third party payment processor to process subscriber payments, such use of a third party in no way constitutes an agreement between the User and the third party payment processor. The agreement is between the User and Style Me ASAP and the third party processor shall not be liable for any loss or damage arising out of such agreement.
5. Maintaining Your Account Information
You agree to update the information you submitted during registration if it changes. Specifically, you agree to update your email address, name, address, city, state, zip code, country, phone number(s), and payment information (e.g., credit card number and expiration date).
6. Permitted Use
You may use the Style Me ASAP research service for your personal activities. Any other use, including the reproduction, modification, distribution, transmission, or republication of this site or its content, or any commercial use whatsoever of this Web site or its content, is strictly prohibited without our prior written consent.
7. Restrictions on Use
Your access to this service is controlled by your username and password. You agree not to share your password with anyone else. If you know, or suspect, someone else has gained knowledge of your password, you must advise Style Me ASAP and we will reset it.
8. Trademarks, Copyrights, and Other Intellectual Property Rights
You acknowledge and agree that all content and services available on this service are property of Company and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the United States and internationally. You also agree not to use the service for other than the permitted purposes described herein without the express written consent of Company.
9. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ITS EMPLOYEES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.
THIS 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.
IN NO EVENT WILL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SERVICE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, 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 THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Arbitration and Dispute Resolution
THE PARTIES MUTUALLY AGREE THAT COMPANY MAY CHOOSE TO SUBMIT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR BREACH THEREOF, TO ARBITRATION IN WASHINGTON, D.C., ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) SHALL BE FINAL, BINDING, AND NON-APPEALABLE, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR(S) SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY ALL FEES AND COSTS OF THE ARBITRATION.
11. Notices by Email
You agree that we may send you administrative notices and otherwise communicate with you about this Agreement by email. You agree to update your account information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.
12. Access Outside the United States
Style Me ASAP does not represent that materials and content in the service are appropriate or available for use in countries outside the United States. If you choose to use the service from outside the United States, you are solely responsible for compliance with local laws.
You agree that the laws of the District of Columbia, without regard to principles of conflict of laws, will govern the terms of this Agreement and any dispute of any sort that might arise between you and Style Me ASAP or its affiliates. You further agree that any controversy or claim that may arise between us shall be resolved in Washington, D.C.
If any term of this Agreement are deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement.
No waiver by Style Me ASAP of any violation of this Agreement shall be deemed to be a waiver of any preceding or subsequent violation.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.
The section headings used herein are for convenience only and shall not be given any legal import.