Analytics Sports Private Limited, Style Buddy Division ("Style Buddy"), primarily operates, controls and manages the Services (as defined below) provided by it from its office at A2-71, gagan apartments, gokuldham, goregaon east, mumbai (“Mumbai Corporate Office”).
4. Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
5. You need not register with Style Buddy to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Style Buddy in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You are solely responsible for safeguarding your Style Buddy password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Style Buddy immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Style Buddy’s permission.
6. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby expressly acknowledge and agree that you yourself and not Style Buddy will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Style Buddy or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."
7. You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You will not copy or distribute any part of the Website in any medium without Style Buddy's prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Style Buddy's prior written approval.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the Style Buddy servers, or any server of a Style Buddy subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots 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 material. Style Buddy reserves the right to revoke these exceptions either generally or in specific cases. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Style Buddy without express written permission from Style Buddy.
You shall not take any action that (i) unreasonably encumbers or, in Style Buddy's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Style Buddy's measures that are used to prevent or restrict access to the Website.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
You hereby agree to comply with the Additional Policies and your obligations thereunder at all times.
You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Style Buddy, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website or an external website.
Discriminatory Postings: Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Style Buddy will not knowingly accept any Posting which is in violation of the law. Style Buddy has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
FEEDBACK: As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, Style Buddy, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page. 2. Reporting Inappropriate Use of Feedback. You may contact Style Buddy regarding any inappropriate use of Feedback via-email at support@StyleBuddy.in.
Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Website concerning Feedback, Style Buddy shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, STYLE BUDDY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Style Buddy reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Style Buddy determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services.
Style Buddy reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Style Buddy deems appropriate in Style Buddy's sole discretion. Style Buddy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Style Buddy's discretion, Style Buddy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Style Buddy does not and cannot review every Posting posted to the Website. These prohibitions do not require Style Buddy to monitor, police or remove any Postings or other information submitted by you or any other user.
Rules for Service Professionals:
4. PRODUCTS UTILIZED WHILE RENDERING SERVICES TO THE SERVICE USER(S): The Service Professional will procure the Products from Style Buddy only for rendering the Services facilitated through the Style Buddy’s Platform. Any Product purchased by the Service Professional from Style Buddy shall only be used for the sole purpose of rendering services booked through Style Buddy Platform. Products sold by Style Buddy to the Service Professional should not be used for personal consumption by the Service Professional under any circumstances.
5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS:
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Style Buddy, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS: (a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Style Buddy in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS If a Service User violates any of the above-referenced rules in connection with his or her Posting, Style Buddy, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Style Buddy does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that Style Buddy shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Style Buddy. Style Buddy may also disclose user information including personal information if Style Buddy reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Style Buddy’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
YOUR REPRESENTATIONS AND WARRANTIES
YOUR OWNERSHIP RIGHTS AND LICENSE TO STYLE BUDDY
You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Style Buddy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Style Buddy with respect thereto, and agree to indemnify and hold Style Buddy, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Style Buddy may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
SUGGESTIONS: If you send or transmit any communications, comments, questions, suggestions, or related materials to Style Buddy, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Style Buddy is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Style Buddy is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
Modifications to or Termination of Website
The terms and conditions as mentioned above shall survive expiration or termination of the Website or your Account. You agree to indemnify and hold Style Buddy, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Style Buddy. Other trademarks, names and logos on this Website are the property of their respective owners. Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Style Buddy reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein. The Website contains Style Buddy's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Style Buddy owns and retains all rights in the Style Buddy Data and Marks.
FEES INCURRED BY SERVICE PROFESSIONALS:
Joining Style Buddy, opening an Account, posting Services and viewing posted Services is free. Style Buddy reserves the right at its sole discretion to charge fees to Service Professionals for other services that Style Buddy may provide in the future. The Service Professionals shall be required to maintain a deposit in their accounts depending on the usage of the platform by the Service Professional. The Deposit amount shall be required to be maintained by the Service Professional to continue enjoying the ability to obtain requests from the Service Users. A part of the Deposits shall be reserved by Style Buddy on receipt of the service request, which shall be subsequently refunded to the Service Professional, on completion of job.
The Service Professional may also pay for the future procurement of products through such Deposits. The penal charges and the subscription fee, payable by the Service Professional shall be recovered from the Deposits amount. Further, the amount of unutilized Deposits shall be refunded to the Service Professional on deregistration from Style Buddy platform. Style Buddy may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. Style Buddy offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. Style Buddy reserves the right to charge fees for these services at its sole discretion. For the invoice to be raised by Service Professional with respect to the services to be provided to the Service User, Style Buddy shall prepare such invoice.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Style Buddy shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
REFUND POLICY: All commissions payable to Style Buddy by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Service Professionals in form of “Credits or Deposits” are non-interest bearing. Unutilised and unclaimed "Credits or Deposits " for a period of more than 364 days from the date of purchase of "Credits" shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.
NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE: As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Style Buddy provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Style Buddy makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Style Buddy be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
STYLE BUDDY IS NOT A PARTY TO ANY SERVICE CONTRACT:
Each Registered User hereby acknowledges and agrees that Style Buddy is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Style Buddy only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Style Buddy itself has not role in the execution or provision of Services.
NO AGENCY OR PARTNERSHIP:
DISPUTES BETWEEN REGISTERED USERS:
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Style Buddy does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Style Buddy may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by Style Buddy is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Style Buddy only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE STYLE BUDDY only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Style Buddy itself has not role in the execution or provision of Services ITSELF, STYLE BUDDY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT STYLE BUDDY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE STYLE BUDDY, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
Aspects of the Website and other Style Buddy services may be supported by advertising revenue. As such, Style Buddy may display advertisements and promotions on the service. The manner, mode and extent of advertising by Style Buddy on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Style Buddy of any advertised products or services. You agree that Style Buddy shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
We request that you cancel at least 24 hours before your scheduled Services session. This will allow us to offer your spot to another Customer. You may call us at +919146656666 between the hours of 9 AM to 6 PM to cancel or you can visit the members’ area on our website https://www.Stylebuddy.in and cancel your booking. You can also drop us an email at support@Stylebuddy.in with your cancellation request.
Please note, we do not offer refunds. However, if you give us at least 24 hours notice of your need to cancel, we will credit your payment toward another class. However, if you do not cancel with at least 24 notice, you will lose any payments you have already made.
Members are expected to comply with all applicable laws and regulations, including U.S. laws regarding antitrust.
MEMBERSHIP POLICY, RIGHTS AND OBLIGATIONS
Generally. Member agrees to pay the PERIODICAL fees stipulated in the price plans of Style Buddy, which may be amended from time to time
Suspension and Termination. Style Buddy, at its election, may terminate membership upon bankruptcy or withdrawal from or cessation of business by Member. STYLE BUDDY shall also have the right to (i) suspend participation of Member if it fails to pay its annual fees on time, or (ii) suspend or cancel participation of Member if it violates any of the STYLE BUDDY P&Ps or engages in conduct seriously prejudicial to the purposes and interests of STYLE BUDDY and fails to correct that breach within thirty (30) days of notice from STYLE BUDDY or the STYLE BUDDY staff. No refunds of Membership fees or other payments will be given. Suspension and termination are subject to STYLE BUDDY policies.
Authority to Execute Agreement. The person entering into this Agreement either as a Member or on behalf of Member hereby represents, warrants and covenants to STYLE BUDDY that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.
No Other Licenses. By executing this Agreement, Member neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of STYLE BUDDY or another member, except as expressly provided in the STYLE BUDDY P&Ps (e.g., STYLE BUDDY's right to disclose and publicize the Member's membership in STYLE BUDDY, unless requested otherwise in writing by the Member).
No Warranty. EACH PARTY ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, ALL SERVICES AND INFORMATION PROVIDED TO OR BY STYLE BUDDY UNDER THIS AGREEMENT IS PROVIDED "AS IS" WITH NO WARRANTIES OR CONDITIONS WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND STYLE BUDDY AND MEMBER EACH EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH SERVICES AND INFORMATION.
Limitation of Liability. IN NO EVENT WILL EITHER STYLE BUDDY OR MEMBER BE LIABLE TO EACH OTHER OR TO ANY OTHER MEMBER OR THIRD PARTY UNDER THIS AGREEMENT FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF USE, LOSS OF DATA OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT FOR MEMBER'S DUES COMMITMENT, OR IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR WHERE REQUIRED BY APPLICABLE LAW, OR AS OTHERWISE AGREED IN WRITING, THE AGGREGATE LIABILITY OF STYLE BUDDY TO MEMBER AND TO OTHER PARTIES, AND OF MEMBER TO STYLE BUDDY, TO OTHER STYLE BUDDY MEMBERS OR TO OTHER PARTIES, SHALL NOT EXCEED THE PAST 1 MONTHS' MEMBERSHIP FEES PAID BY THE MEMBER TO STYLE BUDDY.
Governing Law. This Agreement shall be construed and controlled by the laws of the Commonwealth of Massachusetts without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the Federal or state courts located in Massachusetts, to whose jurisdiction each party hereby submits.
Complete Agreement; No Waiver. This Agreement, including all attachments, sets forth the entire understanding of STYLE BUDDY and Member and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
Amendment. All amendments to this Agreement or to any STYLE BUDDY P&Ps shall be effective upon their stated effective date.
No Rule of Strict Construction. Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
Compliance with Laws. Anything contained in this Agreement to the contrary notwithstanding, the obligations of STYLE BUDDY and Member shall be subject to all laws, present and future, of any government having jurisdiction over STYLE BUDDY and Member including, without limitation, all export and re-export laws and regulations. It is the intention of STYLE BUDDY and Member that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
Headings. STYLE BUDDY and Member acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
Assignment. Member may not assign its rights or obligations under this Agreement without the prior written consent of STYLE BUDDY or as otherwise set forth in the Bylaws. For purposes of this Agreement, an assignment shall be deemed to include a transfer or sale of all or substantially all of the business of Member, or a merger, consolidation or other transaction that results in a change in control of Member.
Force Majeure. Neither STYLE BUDDY nor Member shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
Logos and Names. You grant STYLE BUDDY the right to use your or your organization's name and logo on the STYLE BUDDY website and on related marketing materials, solely to indicate your membership in STYLE BUDDY. As long as you remain a member in good standing, you may use STYLE BUDDY's name and logo, in the format and with the notices provided or requested by STYLE BUDDY, solely to indicate your membership in STYLE BUDDY.