1DayMakeover.com Terms of Service

By using the services on the 1DayMakeover websites (1DayMakeover.com and other related websites) including those available by hyperlink (the “Sites”), you are agreeing to the following terms (the "Agreement" or "Terms of Service") with 1DayMakeover.com, Inc. (“1DayMakeover”). As a 1DayMakeover user, you acknowledge you have read and accept all of the terms and conditions in, and linked to, this Agreement and the Privacy Policy. If you do not agree to this Terms of Service, do not use the service.

You may purchase a makeover package from 1DayMakeover by submitting online information, paying the required fees, agreeing to this Terms of Service, and being approved by 1DayMakeover. You will be charged based on our fee schedule, which we may change from time to time. Changes to the fee schedule are effective after we post the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You shall not upload, post, transmit, email, distribute, or otherwise publish through the service any materials, or take any actions which: (1) interfere with any other user from using the service; (2) are unlawful, threatening, abusive, false, misleading, libelous, defamatory, harassing, racially or ethnically offensive, obscene, pornographic, profane, or indecent; (3) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (4) violate or infringe the rights of 1DayMakeover or any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (5) contain a virus, worm or other computer code that interrupts, destroys, or limits the functionality of any software or hardware; (6) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; (7) use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission; (8) imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; and/or (9) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of 1DayMakeover and the appropriate third party, as applicable.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with our policies.

When you give us content, you grant us, solely for the purpose of the Sites’ services, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use the trademark, copyright, and publicity rights you may have in the content, in any media known now or in the future. We need these rights in order to host and display your content and images.

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. 1DAYMAKEOVER MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONALITY OF THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) THE QUALITY OF THE PRODUCTS (INCLUDING HEALTH AND BEAUTY PRODUCTS) FURNISHED BY THE SITES’ CONSULTANTS; AND (E) THE RESULTS OF THE MAKEOVER BEING SATISFACTORY TO THE CUSTOMER. 1DAYMAKEOVER DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1DAYMAKEOVER DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK. FURTHER, 1DAYMAKEOVER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 1DAYMAKEOVER SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN, THE QUALITY OF THE PRODUCTS (INCLUDING HEALTH AND BEAUTY PRODUCTS) FURNISHED BY THE SITES’ CONSULTANTS, OR MAKEOVERS DEEMED UNSATISFACTORY BY THE CUSTOMER. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL 1DAYMAKEOVER BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR 1DAYMAKEOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT SHALL 1DAYMAKEOVER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING TWELVE MONTHS.

You agree to defend, indemnify and hold harmless 1DayMakeover (and our officers, directors, agents, subsidiaries, joint ventures and employees), with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the service. Notwithstanding the foregoing, 1DayMakeover retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against 1DayMakeover and in no event shall you settle any such claim without 1DayMakeover's prior written approval.

Legal notices for 1DayMakeover should be sent to 1DayMakeover, Inc., 6 Hutton Centre Suite 550, Santa Ana, CA 92707. Business inquiries should be addressed to 1DayMakeover, Inc., 2115 Glencoe Ave., Venice, CA 90291. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

This Agreement is effective as of November 1st, 2008. We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we may notify you through the Sites' message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state courts in and for Los Angeles County, California and the Federal Courts in and for the Central District of California. You agree not to challenge the jurisdiction or venue stated herein. If any provision of this Agreement shall be held invalid or unenforceable, such holding shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.