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TERMS OF USE

1. INTRODUCTION

Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the FindABeautySchool website with a home page currently located at www.FindABeautySchool.com (the “Website” or “Site”). These Terms and Conditions are a legal agreement between you and FindASchool LLC, the company that operates this Site (referred to as “FindABeautySchool”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you must not use this Website. By using the Site, you are indicating your acceptance to be bound by the most-recent version of these Terms and Conditions. FindABeautySchool may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing this site for any reason. In addition, if you are accessing this Site in the course of your work, you are agreeing to these Terms and Conditions on behalf of yourself and also on behalf of the entity for whom you are working.

2. ELIGIBILITY; PARENT PERMISSION FOR MINORS.

If you are 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, you are agreeing to these Terms and Conditions on behalf of yourself. If you are between sixteen (16) years old and the age or majority (18 or older), you agree that you have a parent or legal guardian’s permission to use FindABeautySchool and you agree that both you and the parent or guardian agree to be legally bound by these Terms and Conditions. You also represent and warrant to us that you will use FindABeautySchool in a manner consistent with any and all applicable laws and regulations. If you are less than sixteen (16) years old you must not use FindABeautySchool and should ask a parent or guardian to use FindABeautySchool on you behalf.

3. WEBSITE CONTENT

All content, materials, images, and other items on or accessed directly through this Website (collectively, the “Content”) belong to FindABeautySchool, its third party licensors, or third party advertisers. There are some important rules about using and copying the Content. The Content is protected by United States and foreign copyright and trademark laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with FindABeautySchool or our third party licensors. All rights not expressly granted are reserved. FindABeautySchool may terminate, update, alter or supplement all or any part of the Website and Content.

4. USER SCHOOL LISTINGS AND REQUESTS FOR INFORMATION

The Website includes certain sections in which Users are permitted the opportunity to list schools and request information from schools. All such communications provided by you on or through this Website, or sent to us by email, mail, or other means (collectively, “Listings and Requests”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant FindABeautySchool a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Listings and Requests, and agree that FindABeautySchool is free to use such Listings and Requests for any purpose and in any medium. You further grant FindABeautySchool the right to sublicense or assign any of the foregoing rights to others. In addition, you grant a license to all Website visitors to print one (1) copy of your Listing.

All user information, including individual or business name, job-related information, contact information, and other information posted to or submitted on this Website becomes the property of FindABeautySchool.

All Listings and Requests appearing on the Website are the responsibility of the person or business providing such Listing or Request. FindABeautySchool is not responsible for any Listing or Request. FindABeautySchool does not in any way endorse the contents of any Listing or Request, nor does it guarantee the accuracy or completeness of any Listing or Request. FindABeautySchool does not guarantee any results from using this Website, or that you will be satisfied with any business relationship you form after viewing this Website. You are advised that Listings or Requests may be false or misleading. Any action you may take in reliance on any Listing or Request appearing on this Website is solely at your own risk. You understand that you must evaluate any Listing or Request and any related opportunities on your own.

5. COPYRIGHT VIOLATIONS

If you believe a Listing or Request violates a copyright or other proprietary right held by you, please provide notice to us at:

Email: info@FindABeautySchool.com

Mail: FindABeautySchool
PO Box 28307
Minneapolis, MN 55428

Your notice to us should provide the following information: (a) Identify the precise material on the Website that you believe is infringing, with enough detail that we can locate the specific material; (b) a statement by you that you have a good faith belief that the material you identify is being used without authorization; (c) a statement by you declaring that, under penalty of perjury: (i) the information in your notice is accurate, and (ii) that you are the owner of the copyright in the material at issue or are authorized to act on the owner’s behalf; (d) your address, telephone number, and email address; (e) a physical signature or electronic signature.

If we receive a proper notice as described above, we will follow the process for removing such material as set forth in applicable law, including the DMCA.

6. ACCEPTABLE SITE USE
6.1 GENERAL USE RULES

The Site is intended for individuals seeking schools and for schools seeking prospective students in the hair-care, skin-care, manicure, pedicure, and closely related hair salon and spa fields. You may use this Site only for lawful purposes within the stated context of FindABeautySchool’ intended and acceptable use of the Site. We reserve the right, at any time with or without notice, to terminate or suspend your access to this Site or to remove any Listing or Request that we deem inappropriate, illegal, or otherwise not within the intended spirit of this Website. FindABeautySchool is the sole interpreter of the Site’s intended and acceptable use.

6.2 RESTRICTIONS

The following restrictions apply to your use of the Website as well as any email or other communications or actions resulting from or related to your use of the Website.
a. You will not knowingly provide or post any false, misleading, or fraudulent information.
b. You will not use this Website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
c. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
d. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, hateful, obscene, sexual, or otherwise inappropriate or disruptive.
e. You will not hold yourself out as someone you are not or otherwise impersonate any living person. You will not hold yourself out as representing any business or entity that you do not in fact represent and have authority to represent.
f. You will not post any information or content promoting or linking to a website that promotes or displays illegal content; pornography; violent, offensive, or discriminatory content; content in any way exploiting minors.
g. You will not interfere or tamper with the functioning of this Website, nor will you attempt to gain access to information or control of the Website not specifically granted to you.
h. You will not use this Website to transmit any virus or similar destructive program or code.
i. You will not harass, annoy, or send repeated hostile, bogus, or inappropriate messages.
j. You will not compile any database or list of others using this Website, nor will you use this Website to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services (other than the permitted beauty job listing and seeking services).
k. You will not use this Website or use or copy any of the Content on the Website for the purpose of re-posting such Content on any other school listing forum, bulletin board, or service.
l. You will not engage in or facilitate any illegal activity through this Website, such as illegal discrimination or other illegal activities, including but not limited to discrimination based upon race, color, religion, sex, national origin, age, disability, or sexual orientation.
m. You will not include any false or misleading information about yourself or about any job opportunity in any Listing or Request.
n. You will not use this Website to contact any person whose contact information is on this Website for any purpose other than to correspond regarding legitimate school opportunities. You will not use this Website to contact anyone for romantic or other personal purposes.
o. You agree not to contact or correspond with any person or business that has asked you to not correspond with them.
p. You will not take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
q. You will not share any password given to you with any other person, and you agree that you are responsible for all actions taken using your password. You agree to notify FindABeautySchool immediately of any unauthorized disclosure or use of your registration and password.

7. NOTIFICATION OF VIOLATIONS BY OTHERS

If you are aware of any improper behavior by any other Website visitor, please report this information to us immediately at:

Email: info@FindABeautySchool.com

Mail: FindABeautySchool
PO Box 28307
Minneapolis, MN 55428

8. EDITORIAL CONTROL

FindABeautySchool may, at its sole discretion, remove any Listing at any time and for any reason. FindABeautySchool reserves the right, but does not have any obligation, to monitor Listings and Requests.

9. LICENSE TO USE BY USERS WHO ARE SCHOOL SEEKERS

FindABeautySchool hereby grants you a limited, terminable, non-exclusive license to access and use the Website and Content only for your personal, individual, use seeking school opportunities for yourself in the school fields referenced in Section 6.1 above. This limited license authorizes you to view and download a single copy of the material on the site solely for your own use. FindABeautySchool may terminate this limited license at any time for any reason or no reason, in its sole discretion.

10. LICENSE TO USE BY USERS WHO ARE SCHOOLS

FindABeautySchool hereby grants you a limited, terminable, non-exclusive license to access and use the Website only for your internal business use seeking prospective students. This limited license authorizes you to view and download a single copy of the material on the Website solely for your internal use directly related recruiting job prospects for positions in the specific fields referenced above in Section 6.1. FindABeautySchool may terminate this limited license at any time for any reason or no reason, in its sole discretion.

Your Listings must contain sufficient detail to convey clearly to the User the nature of your school. Listings from any third party charging a fee or restricting complete access to all information are prohibited.

11. NO ENDORSEMENTS BY FINDABEAUTYSCHOOL AND LINKED SITES

Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, recruiting or admissions practices, or otherwise.

This Website may contain links to third party websites. These links are provided solely as a convenience to the user and not as an endorsement by FindABeautySchool of the contents on such third-party sites. FindABeautySchool is not responsible for the content of linked third-party sites, and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.

12. NO GUARANTEE OF RESULTS

FindABeautySchool is not a school or recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Website in meeting the objectives of users. FindABeautySchool does not guarantee that information posted by users will result in students finding schools or schools finding students, and is not responsible for the admissions or school decisions, for whatever reason made, made by any user.

13. LIMITATION OF LIABILITY

FINDABEAUTYSCHOOL IS ONLY A VENUE AND FORUM FOR EXCHANGING INFORMATION, AND IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN SCHOOLS AND PROSPECTIVE STUDENTS. AS A RESULT, FINDABEAUTYSCHOOL HAS NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE SCHOOL OR PROSPECTIVE STUDENT INFORMATION POSTED, OR THE TRUTH OR ACCURACY OF THE LISTINGS. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SITE.

FINDABEAUTYSCHOOL CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE FINDABEAUTYSCHOOL (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

YOU AGREE THAT NEITHER FINDABEAUTYSCHOOL, NOR ANY PERSON OR COMPANY ASSOCIATED WITH FINDABEAUTYSCHOOL, INCLUDING ADVERTISERS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 10.00 IN AGGREGATE. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. NO WARRANTY

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FINDABEAUTYSCHOOL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE OFFERS PROVIDED BY ADVERTISERS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. FINDABEAUTYSCHOOL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT FINDABEAUTYSCHOOL SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the Website or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.

IF YOU BREACH ANY OF THESE TERMS OF USE AND WE BRING A LEGAL ACTION AGAINST YOU, IN ADDITION TO ALL OTHER DAMAGES AND REMEDIES TO WHICH WE MAY BE ENTITLED, WE SHALL BE ENTITLED TO RECEIVE AND RECOVER OUR EXPENSES INCLUDING ATTORNEYS FEES.

16. INDEPENDENT CONTRACTOR

You and FindABeautySchool are independent contractors as to one another. You are not FindABeautySchool’ agent or employee for any purpose and shall not hold yourself out as FindABeautySchool’ agent or employee.

17. CONTACT US

Our contact information is:

Email: info@FindABeautySchool.com

Mail: FindABeautySchool
PO Box 28307
Minneapolis, MN 55428

18. GOVERNING LAW AND JURISDICTION

You hereby agree that the only proper jurisdiction and venue for any dispute with FindABeautySchool or any of the other Covered Entities, or in any way relating to your use of this Website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving FindABeautySchool or the Covered Entities. Any claims arising form or related to your use of this Website or relating to the information, services or products available on this Website will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred.

19. LIMITATION ON CLAIMS

You agree that in the event you have or may have any alleged claim against FindABeautySchool or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against FindABeautySchool or any Covered Entity.

20. MISCELLANEOUS

If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions, including any membership, Cash, or other benefit. FindABeautySchool may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof. All sections of these Terms of Use survive expiration or termination of your license to use or visit this Website for any reason.

21. PRIVACY POLICY

You should read and be familiar with the Privacy Policy that governs this website, available at http://www.findabeautyschool.com/site/Privacy-Policy.aspx. Any use of this Website is subject to that policy.