Flourish Salon Business Development, LLC Website Terms and Conditions of Use with Disclosures and Disclaimers By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (“Terms’) by Flourish Salon Business Development, LLC (“FSBD”). 1. Intellectual Property This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. You may view, download, print, email and use materials from this website for personal, noncommercial purposes only. This means you may view, download, print, email, and use one copy of the free downloadable resources available on the website for your personal purposes or your own business purposes only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the website for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). Any reproduction or unauthorized use of any materials found on this website shall constitute infringement. 2. Visitor Comments and Posts If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least thirteen (13) years old; (2) you are the owner of or have permission to share such materials; (3) you grant FSBD a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant FSBD a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. FSBD does not claim any ownership rights in your materials. Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment or participating in a message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You 2 agree to post comments or other material only one time. FSBD, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. FSBD does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. FSBD neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. FSBD shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website. 3. Visitor Behavior on Website You are strictly forbidden from the following: • Causing damage to this website • Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity • Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software • Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes • Systematically or automatically collecting data from this website • Sharing private and proprietary information from online courses with anyone else FSBD may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms. 4. DISCLAIMERS This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. FSBD disclaims any liability for your reliance on any opinions or advice contained in this website. This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation. 5. IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS 3 You agree that FSBD has not made and does not make any specific representations about the earnings or results you may receive. FSBD cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual. 6. Links to Third-Party Products, Services, or Sites Any links to third-party products, services, or sites are subject to separate terms and conditions. FSBD is not responsible for or liable for any content on or actions taken by such third-party company or website. Although FSBD may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. 7. No Warranty THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FSBD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FSBD DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FSBD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. 8. General Terms These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. The nearest state and federal court to San Mateo, California shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced 4 by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. FSBD may change, modify or update these Terms at any time without notice. Any access or use of this website by you after FSBD posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]. FSBD controls and operates this website from offices in the United States. FSBD does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 9. Disclosure of Relationships. This website is written and edited by FSBD and Business Media Group, Inc. FSBD does accept forms of cash advertising, sponsorships, paid insertions, or other forms of compensation from third parties. FSBD believes in honesty. The advertising content, topics or posts on this website may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as paid or sponsored content. Even though we receive compensation for some of our posts, online content, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely those of FSBD. Any product claim, statistic, quote or other representation about a product or service may have been provided to FSBD by a third party and you should verify it with the manufacturer, provider or party in question before relying on it. FSBD does not have relationships that might present a conflict of interest or influence the content of this website. Updated on [September 13, 2021]
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