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The Lisa App Terms of Use for Clients
Please read the following Terms of Use (“Terms”) carefully. They govern your use of the Lisa App website and mobile applications (collectively, the “Site”) of The LISA APP, LLC (“LISA”, “us”, “our”, and “we”). To use this Site, you must be at least eighteen (18) years of age and are bound by all of the following provisions of these Terms. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE AND DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY BEAUTY SERVICE OFFERED THROUGH THE SITE.
Artists
The Site is a platform that connects artists (“Artists”) providing hair, makeup, nails, wax, massage and other health and beauty services (collectively, “Beauty Services”) with clients seeking such services (“Clients” or “you”). The Artists and Clients are both users of the Site and are hereinafter referred to collectively as “Users.”
The Site solely provides a platform for Artists and Clients to connect and serves only as a medium to facilitate the provision of Beauty Services. The platform includes a variety of transaction processing services, including, but not limited to, geolocation, scheduling, payment facilitation, reviews and other services necessary to provide a forum for Artists and Clients to communicate their preferences, respectfully, when providing and receiving services.
We are not a party to the Beauty Services. We do not provide or contract for Beauty Services, and Artists and Clients contract independently for the provision of Beauty Services. Each Client is solely responsible for selecting the Artist, the Beauty Services to be provided and the location at which Beauty Services will be performed, whether on the premises of an Artist or at a site designated by the Client. Any decision by a Client to receive Beauty Services or by an Artist to provide Beauty Services is a decision made in such person’s sole discretion.
We do not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Beauty Services provided by Artists nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Artists or Clients. We make no representations or warranties whatsoever with respect to Beauty Services offered or provided by Artists or requested by Clients through use of the Beauty Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Artist. You understand that we do not routinely screen our Users, inquire into the background of our Users or attempt to verify information provided by any User. We do not verify or confirm that any User is who they claim to be or is accurately representing themselves or their qualifications nor do we verify or confirm any representations with respect to Beauty Services on
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the Site.
Client Accounts
Account Creation
In order to use certain features of the Site, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may edit or delete your Account at any time, for any reason. We may suspend or terminate your Account at any time for any reason.
Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Account Features
From time to time, LISA may update or remove existing account features and / or create new account features for our Users. You agree to be bound by these Terms in all such cases.
Upon approval to open an Account on the Site, a third party security monitoring software may be available to you. If you download and use the third party software or any other optional security service, you will indemnify and hold LISA harmless from any liability, cost, loss or damage related to your use of such service. LISA is not responsible for the provision of services to you by any third party.
For certain transactions, an Artist may be afforded limited coverage through our Insurance Program when you pay for your service through the LISA platform. You acknowledge that the insurance is provided as a convenience to the Artist and that your transaction is solely between you and the Artist. LISA does not provide Beauty and Massage services, and you will hold LISA harmless from any liability from damages related to any service provided by the Artists.
Payment Terms
Ordering Services
You may order Beauty Services through the Site. Once you purchase any Beauty Services, your credit card will be charged for the services you order.
Payment Terms
If you order a Beauty Service, you agree to pay the then current applicable fee listed on the Site tos-client-v4 Page 2 of 10
by the Artist. Your credit card is automatically billed on the date that the Beauty Service is ordered. You may cancel any appointment in accordance with our cancellation policy set forth at http://lisaapp.com/faq/. All payments are nonrefundable. You acknowledge that we use a third party payment processor to handle transactions through the Site. You agree to be bound by policies of third parties including networks, bank card associations and banks used to process such transactions. You agree to forever release and hold us harmless from any cost, damage, or other injury that may arise out of the relationship between you and your financial institution or otherwise out of your agreement with your institution.
Your Responsibilities
As the recipient of Beauty Services, you agree to assume certain responsibilities. When you purchase Beauty Services, you agree to comply with any rules or requirements applicable to the service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree that: (a) the space where the Artists are invited is safe; and (b) you will provide a clean workspace with close proximity to an electrical outlet and a sink with hot and cold running water. If you have a pet, you agree to confine the pet to a room where our hair stylists will not be. If you have a child or children under the age of 13, you agree that childcare (provided by someone other than you and our hair stylist) will be present.
Cancellation and No-show Policies
On-Demand Cancellations
No cancellation charge for any cancellations made within 3 minutes of the Artist accepting the appointment. If an appointment is cancelled by the Client 3 minutes after the Artist accepts the appointment, a charge of 50% of the requested service fee will be applied to the Client’s account.
Scheduled Appointments (Same Day) Cancellations
No cancellation charge for any cancellations made within 30 minutes of the Artist accepting the appointment. If an appointment is cancelled by the User 30 minutes after the Artist accepts the appointment, a charge of 50% of the requested service fee will be applied to the User’s account.
Scheduled Appointments (Future Days) Cancellations
No cancellation charge for any cancellations made up to 24 hours prior to the scheduled appointment time. If an appointment is cancelled by the User less than 24 hours before the scheduled appointment, a charge of 50% of the requested service fee will be applied to the Client’s account.
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No-Shows for On-demand and All Scheduled Appointments
If a User fails to attend an appointment, the Artist may report the No-Show to LISA. Artists may report no-shows between 15 minutes and 30 minutes after the appointment’s scheduled start time. If a No-Show is reported, a charge of 100% of the requested service fee will be applied to the Client’s account.
Rights and Licenses
License to Use Site
We grant you a nontransferable, nonexclusive, right to access and use the Site for your personal use. However, you may not download or modify the Site, or any portion of the Site, except with our express written consent. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you will not access the Site in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Beauty Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on the Site must be retained on all copies thereof. You further agree that you will not seek to hire or otherwise engage Artists to provide Beauty Services to you or others outside of our platform.
Client Ratings
You agree that Artists may provide ratings of you through the Site to us and other Artists. While we retain the right to terminate your account for any reason, we do not have a policy of terminating any account simply because you have received poor ratings.
Modification
We reserve the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Ownership of the Site
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site are owned by us or
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our licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers reserve all rights not granted in this Agreement.
User Content
“User Content” means any and all information and content that a user submits to or posts on the Site. You will own your User Content with the understanding that you agree that we may use and reproduce the User Content you make available on our social media network pages and the Site. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not LISA), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License
You hereby grant, and you represent and warrant that you have the right to grant to us an irrevocable, nonexclusive, royalty free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Do not rely upon us to use, display or store your User Content. We have no obligation to accept, display, review, monitor, or maintain any User Content. We reserve the right to delete User Content from the Site without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit the Site or maintain User Content for you and that the Site may contain content that you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Acceptable Use Policy
The following sets forth our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,
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pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to use the Site to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site; or (vii) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site.
You further agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Enforcement
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms.
Indemnification
You agree to indemnify and hold us (and our subsidiaries, affiliates, officers, employees, and agents) harmless from any claims and expenses (including attorneys’ fees) arising out of or related to (a) your use of the Site, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations.
Other Users
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or
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quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Beauty Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Beauty Service user, we are under no obligation to become involved.
Third Party Links
The Site contains links to third party websites and services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites and products. By using the Site, you specifically release us from any and all liability arising from your use of any third party website or services.
Release
You hereby release and forever discharge us (our affiliates and our and their respective members, managers, officers, directors, shareholders, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of other Site users, including, without limitation, other Site users performing the Beauty Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Disclaimers
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. INFORMATION, INCLUDING USER CONTENT, OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF
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DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR THE ARTISTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
TO THE EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF THE ARTISTS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (including your Account) or (b) terminate or modify these Terms, at any time for any reason at our sole discretion. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination or modification of these Terms, including for termination of your Account or deletion of your User Content. Upon termination of these Terms, all of the provisions will terminate except for those that by their nature would typically survive.
Copyright Policy
● We respect the intellectual property of others and ask that users of our Site do the same. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. §512(c)) must be provided to our designated Copyright Agent:
● your physical or electronic signature;
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● identification of the copyrighted work(s) that you claim to have been infringed;
● identification of the material on the Site that you claim is infringing and that you request us to remove;
● sufficient information to permit us to locate such material; ● your address, telephone number, and email address;
● a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
● a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. §512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
General
The laws of the State of Illinois shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties shall submit to the exclusive jurisdiction and venue of the federal and state courts located in the Northern District within the State of Illinois for any action arising out of these Terms or use of the Site. Where required, we may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to us by electronic mail or by conventional mail to the address below. We may revise these Terms at any time, and such modifications will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications. If you no longer agree with the Terms after any such modification, you may opt out of the Site by halting your access to the Site and including in a notification to us your username and a declaration of your intention to opt out. Upon receiving such notification from you, we will suspend your account. The parties agree that if any portion of this Agreement
Robert Richmond
THE LISA APP, LLC
PO Box 1543
Deerfield, IL 60015
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is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by us without restriction. Notwithstanding any provision of these Terms, we have available all remedies at law or equity to enforce these Terms. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or our employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration. You and we agree that ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(815) 3019468 info@lisaapp.com
LISA App Privacy Policy:
http://lisaapp.com/privacy-policy/
THE LISA APP, LLC
PO Box 1543
Deerfield, IL 60015
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