Terms & Conditions

1. ELIGIBILITY TO USE THE WEBSITE

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE BEFORE MAKING AND/OR PAYING FOR AN APPOINTMENT, WHETHER ONLINE OR VIA ANOTHER ACCEPTED METHOD, PURCHASING ANY PRODUCT OR SERVICE, OR OTHERWISE USING OR RELYING ON THIS WEBSITE.

The Sunday Salon website and its associated products and services (collectively, the “Website”) is owned and operated by Sunday Salon, Inc. (“Salon”). These Terms and Conditions of Use, including any additional disclaimers or policies, or amendments or supplements thereto, together with Salon’s Privacy Policy which is incorporated herein by this reference, shall collectively be referred to as the “Agreement,” and governs your access to and use of this Website; your use or attempted use of the products and/or services offered on or available through the Website; and any order you place through the Website, by telephone or other methods of purchase.

Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had physically signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 18 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 18 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.

2. NO MEDICAL DIAGNOSIS, ADVICE OR TREATMENT

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES, COMMENTS, ADVICE AND/OR RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND STATEMENTS MADE ON THE WEBSITE HAS NOT BEEN EVALUATED BY THE UNITED STATES FOOD & DRUG ADMINISTRATION (“FDA”) AND PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THIS SITE IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE ADVICE OR SERVICES FROM A MEDICAL PROVIDER FAMILIAR WITH YOUR HEALTHCARE NEEDS.

SALON AND ITS PARENT, AFFILIATES, SUBSIDIARIES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. SALON CANNOT GUARANTEE, AND SHALL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE.

3. YOUR USE OF THE WEBSITE

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without Salon’s prior written consent in each instance):

copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
modify, distribute, or re-post any content on the Website for any purpose; or
use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:

not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
not to use, frame, or utilize framing techniques to enclose any Salon trademark, logo, or other proprietary information (including the images found on the Website or on any Salon social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Salon’s written consent in each instance;
not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
not to use meta tags or any other “hidden text” utilizing Salon’ name, trademark, or product name without Salon’s written consent in each instance;
not to deep-link to the Website without Salon’s written consent in each instance;
not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, political or otherwise in violation of any law, rule or regulation; Salon’s Privacy Policy or other posted policies; or this Agreement; and
to comply with all applicable laws, rules, and regulations regarding your use of the Website.

4. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that content available through the Website (excluding any third-party content provided by Website users), including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, or otherwise under any of Salon’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved for Salon.

5. NO WARRANTY; DISCLAIMER

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SALON 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 DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SALON MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SALON OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. LINKS TO THIRD PARTY WEBSITES

The Website may provide links to other websites or resources, including advertisers, over which Salon has no control. These links are provided for your convenience and should not be viewed to be an endorsement by Salon of that third party site’s content, product, or services. Your access, view, and use of these links is at your own risk. Salon makes no representations or warranties of any kind with respect to the content, ownership, or legality of any third-party linked websites. You acknowledge and agree that Salon has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through third-party websites or resources. When you leave the Website via a link to another website, you may be subject to that other website’s privacy policy, terms of use, and other policies (“Third Party Website Policies”) applicable to that site and you should review the Third Party Website Policies.

7. MISSED OR CANCELLED APPOINTMENTS

Should you miss an appointment, for any reason, or fail to cancel an appointment no later than twenty-four (24) hours prior to such appointment, you shall be responsible for the full price of all services to be rendered during such appointment in accordance with Salon’s No-Show Policy posted on this Website. If you have questions about cancellation or missed appointments, you may contact Salon for assistance.

8. PRICING ERRORS AND PRODUCT OR SERVICE UNAVAILABILITY

Products, Services, prices, availability, and other purchase terms are subject to change at any time and without notice. Salon makes every effort to provide accurate products, services, and pricing information and to ensure product and service availability, however, Salon reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after receiving an order has been submitted, confirmed, or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. Please allow for up to one (1) full billing cycle to complete the refund process.

9. ORDER PLACEMENT AND ACCEPTANCE

If you order a product, full payment must be received by Salon before your order is accepted. Salon may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.

Your order is conditioned on you accepting this Agreement. Once Salon receives your authorized order and an acceptable form of payment has been received, Salon will promptly place your order in line for shipment or delivery. All items and services are subject to availability. Salon will notify you if any product or service order is not available, the expected availability date, and may offer you an alternative product or service without notice. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your written request, Salon will cancel your order and if previously charged, your credit card will be refunded in accordance with Salon’s Return and Refund Policy posted on this Website.

Salon does not accept orders from dealers, wholesalers, or customers who are resellers or intend to resell items offered on the Website. If Salon discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account (if applicable), and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Salon will report you to federal, state, and/or local enforcement authorities.

10. SHIPPING

Salon will ship products in accordance with Salon’s Shipping Policy posted on this Website. If you have questions about the shipping of an item purchased, you may contact Salon for assistance.

11. PAYMENT INFORMATION

When ordering products or services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment and shipping information. By placing an order, you represent and warrant that you will only provide payment and shipping information which is yours or information you are authorized to use and provide to us for purposes of placing an order. Salon reserves the right to cancel any order or to suspend or terminate your account (if applicable) if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment or shipping information to Salon, or for any other reason that we, in our sole discretion, believe appropriate.

12. RETURN AND REFUND POLICY

You may return items in accordance with the Salon’s Return Policy posted on this Website. If you are uncertain about your right to return an item, you may contact the Salon for assistance.

13. ELECTRONIC DOCUMENTS AND SIGNATURES

All information communicated on the Website is considered electronic communication. When you communicate with Salon through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

14. COMMUNICATING WITH SALON

You understand that all telephone calls and other communications such as personal messaging or social media posts to or from Salon may be monitored and recorded and you consent to such monitoring and recording. You verify that any contact information provided to Salon is and will be true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to Salon and that by voluntarily providing your contact information to Salon, you agree to be contacted at the telephone numbers or at any other contact method you provide.

You consent to receive e-mails, pre-recorded voice messages, or autodialed calls (including text messages) by or on behalf of Salon relating to this Agreement, any purchase or transaction with Salon, matters related to your account (including debt collection), and marketing and promotions regarding Salon services. These communications may be made by or on behalf of Salon, even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that Salon will not be responsible for these charges.

Salon may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses, phone numbers, or other communication accounts provided by you directly or obtained through any other lawful means, such as skip tracing. You agree to provide Salon notice within thirty (30) days of any change to your contact information by writing to Sunday Salon, 133 Weston Pkwy, Cary, NC, 27513. Your consent to the provision of this communication is not required to make any purchase with Sunday Salon Inc.

15. LIMITED LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SALON, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE 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 WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.

16. INDEMNIFICATION

You agree to indemnify and hold harmless Salon, and all directors, officers, employees, agents, contractors, suppliers, affiliates and subsidiaries, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, attorneys’ fees and costs of litigation, resulting from or in any way connected with: (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act (“TCPA”) or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Salon that is not owned by you, in contravention of this Agreement; (iv) your breach of this Agreement; or (v) any violation of any applicable law, rule or regulation.

17. TERMINATION, SUSPENSION, REVISION OF WEBSITE

You agree that Salon may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that Salon shall not be liable to you or to any third party for the consequences of such termination, suspension, or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding the protection of intellectual property rights and license, indemnification, disclaimer regarding the information provided on the Website, disclaimer of warranties with respect to use of the Website, limitation on Salon’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension or revision.

18. PRE-DISPUTE, MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

GENERAL

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Salon, or any involved third party relating to your account, your use of the Website, your relationship with Salon, or this Agreement. This includes any and all claims that relate in any way to your use of the products or services, your attempted use of the products or services, and any act or omission by Salon or any third party related to your use or attempted use of the services. You, Salon, or any involved third party may pursue a Claim. You agree to binding arbitration should you have any Claims against Salon. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

EXCEPTIONS

As an exception to binding arbitration, you and Salon both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Salon will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

REQUIRED PRE-DISPUTE PROCEDURES

You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Salon, you will first give Salon an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to Salon, including, but not limited to, information or representations related to the service upon which you rely. You may send the written description by U.S. Mail to Sunday Salon, 133 Weston Pkwy, Cary, NC 27513. You agree to negotiate with Salon or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within ninety (90) days after Salon receipt of your written dispute, you agree to the dispute resolution provisions below.

COMMENCING ARBITRATION

You and Salon agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one (1) year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be barred.

ARBITRATION LOCATION

The arbitration shall be conducted in Wake County, North Carolina. It may be held by telephone or through written submissions if both you and Salon agree in writing.

ORGANIZATION, RULES, AND THE ARBITRATOR

You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement and this arbitration provision.

FEES

The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

AWARD

The arbitrator shall follow the State of North Carolina substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

ENFORCEABILITY

This provision survives termination of your account (if applicable) or relationship with Salon, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

MISCELLANEOUS

Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims, except all Claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and Salon.

AMENDMENTS

Salon reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a Salon product or service, is an affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Salon will provide you reasonable notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product or service through the Website, or use or attempted use of a Salon service, is an affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A PRODUCT OR SERVICE BOOKED OR PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO Sunday Salon 133 Weston Pkwy, Cary, NC 27513. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU BOOKED OR PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE THIRTY (30) DAYS AND THE DATE YOU FIRST BOOKED OR PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.

19. EXCLUSIVE VENUE FOR ALL OTHER CONTROVERSIES

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Wake County, North Carolina, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

20. SALON REMEDIES

In order to prevent or limit irreparable injury to Salon in the event of any breach or threatened breach by you of the provisions of this Agreement, Salon shall be entitled to an injunction or other equitable relief, without the necessity of posting a bond, restraining such breach. Nothing in this Agreement shall be construed as prohibiting Salon from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

21. MODIFICATIONS

Salon may make changes to this Agreement, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of the Website following the posting of a new version of this Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, it is your responsibility to check to see if a new version has been posted.

22. TRADEMARKS

All trademarks and service marks displayed on the Website are the property of Salon or other respective owners. You may not use or display any trademarks or service marks owned by Salon without Salon’s prior written consent in each instance and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.

23. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Website Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Salon’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Salon to locate the material;
Information reasonably sufficient to permit Salon to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at Sunday Salon 133 Weston Pkwy, Cary, NC 27513. For clarity, only DMCA notices should go to Salon’s Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 23, your DMCA notice may be invalid.

24. ADDITIONAL TERMS

Salon may assign, transfer, or sub-contract any of its rights or obligations under this Agreement to any third party or any Salon affiliate or subsidiary at its discretion, without notice to you. Any representations, warranties, indemnification obligations, and arbitration agreements made or undertaken by you will survive cancellation or termination of your account (if applicable) or relationship with Salon. No delay by Salon in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy or shall affect Salon’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Salon in writing. This Agreement supersedes any other terms previously published by Salon and any other representations or statements made by Salon to you, whether oral, written, or otherwise.

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