Terms of Service

Agreement between User and hairbylindsey.com

Welcome to hairbylindsey.com. The hairbylindsey.com website (the "Site") is comprised of various

web pages operated by Lindsey Miller ("Lindsey"). hairbylindsey.com is offered to you

conditioned on your acceptance without modification of the terms, conditions, and notices

contained herein (the "Terms"). Your use of hairbylindsey.com constitutes your agreement to all

such Terms. Please read these terms carefully, and keep a copy of them for your reference.

hairbylindsey.com is an E-Commerce Site.

The purpose of this website is to detail the skills and services offered by hairstylist Lindsey Miller.

And to give clients as much information about the business practices, in order for them to make a

decision to visit the salon for hair appointments.

Privacy

Your use of hairbylindsey.com is subject to Lindsey's Privacy Policy. Please review our Privacy

Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting hairbylindsey.com or sending emails to Lindsey constitutes electronic communications.

You consent to receive electronic communications and you agree that all agreements, notices,

disclosures and other communications that we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Lindsey does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use hairbylindsey.com only with permission

of a parent or guardian.

Cancellation/Refund Policy

Client must notify me 24 hours in advance to change or cancel appointments without penalty.

Without 24 hour notice, I reserve the right to charge a fee of 20% of the price of the cancelled

service, and 50% of the service in the event of a “no-show.”

Links to Third Party Sites/Third Party Services

hairbylindsey.com may contain links to other websites ("Linked Sites"). The Linked Sites are not

under the control of Lindsey and Lindsey is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. Lindsey is providing these links to you only as a convenience, and the inclusion of any

link does not imply endorsement by Lindsey of the site or any association with its operators.

Certain services made available via hairbylindsey.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the hairbylindsey.com

domain, you hereby acknowledge and consent that Lindsey may share such information and data

with any third party with whom Lindsey has a contractual relationship to provide the requested

product, service or functionality on behalf of hairbylindsey.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

hairbylindsey.com strictly in accordance with these terms of use. As a condition of your use of the

Site, you warrant to Lindsey that you will not use the Site for any purpose that is unlawful or

prohibited by these Terms. You may not use the Site in any manner which could damage, disable,

overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Lindsey or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other

restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Lindsey content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Lindsey and the copyright owner. You agree that you do not acquire any ownership

rights in any protected content. We do not grant you any licenses, express or implied, to the

intellectual property of Lindsey or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Lindsey from our offices within the USA.

If you access the Service from a location outside the USA, you are responsible for compliance

with all local laws. You agree that you will not use the Lindsey Content accessed through

hairbylindsey.com in any country or in any manner prohibited by any applicable laws, restrictions

or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lindsey, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of any

rights of a third party, or your violation of any applicable laws, rules or regulations. Lindsey

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with Lindsey in

asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. LINDSEY MILLER AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

LINDSEY MILLER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY

OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS

IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LINDSEY MILLER

AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS

WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL LINDSEY MILLER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR

ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY

OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR

FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,

OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF

LINDSEY MILLER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Lindsey reserves the right, in its sole discretion, to terminate your access to the Site and the related

services or any portion thereof at any time, without notice. To the maximum extent permitted by

law, this agreement is governed by the laws of the State of California and you hereby consent to

the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to

the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all

provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Lindsey as a result of this agreement or use of the Site. Lindsey's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is

in derogation of Lindsey's right to comply with governmental, court and law enforcement requests

or requirements relating to your use of the Site or information provided to or gathered by Lindsey

with respect to such use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed superseded

by a valid, enforceable provision that most closely matches the intent of the original provision and

the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Lindsey with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and Lindsey

with respect to the Site. A printed version of this agreement and of any notice given in electronic

form shall be admissible in judicial or administrative proceedings based upon or relating to this

agreement to the same extent and subject to the same conditions as other business documents and

records originally generated and maintained in printed form. It is the express wish to the parties

that this agreement and all related documents be written in English.

Changes to Terms

Lindsey reserves the right, in its sole discretion, to change the Terms under which

hairbylindsey.com is offered. The most current version of the Terms will supersede all previous

versions. Lindsey encourages you to periodically review the Terms to stay informed of our

updates.

Lindsey welcomes your questions or comments regarding the Terms:

Lindsey Miller

3332 Heights Dr, Suite 100

Cameron Park, California 95667

Email Address:

m.lindseymiller@gmail.com

Telephone number:

530-306-1080

Effective as of January 20, 2023