Welcome to the GLAMSQUAD Website and Apps, operated by JMB Glamsquad LLC, (“GLAMSQUAD”, “us”, “our”, and “we”).

Your use of our Website and Apps is subject to the following Terms of Use ("Terms") and our Privacy Policy which can be found here. Please read these Terms carefully before using the Website. If you do not agree to these Terms, then please exit our Website and close your browser and/or uninstall our App(s).

PLEASE BE ADVISED THAT THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND GLAMSQUAD, AND YOUR USE OF OUR WEBSITE AND APPS IS GOVERNED BY THESE TERMS. THESE TERMS CONTAIN PROVISIONS THAT WILL GOVERN HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED, AND THEY INCLUDE A WAIVER OF A JURY TRIAL AND A WAIVER OF YOUR ABILITY TO BRING A CLASS ACTION LAWSUIT AGAINST US. PLEASE READ THESE TERMS TO UNDERSTAND WHAT YOU ARE AGREEING TO BEFORE USING THE WEBSITE AND APPS.

About Us

GLAMSQUAD provides Users the ability to book on-demand and in-home beauty services with Beauty Professionals (the “Services”). Your use of the Services is also subject to any additional terms, conditions, and policies that we separately post on the Website and Apps or provide to you, and any agreements that you have separately executed with GLAMSQUAD (“Supplemental Terms”), including without limitation our Health and Safety Policy. All Supplemental Terms are incorporated by reference into these Terms of Use ("Agreement").

To the extent applicable, these Terms may also apply to Beauty Professionals as well, but only to the extent that the Membership Services Agreement (“Member Agreement”) that the Beauty Professional signed with us does not apply. At all times, the terms of the Member Agreement will control and supersede these Terms.

Definitions

"Customer" means a natural person that uses our Website and Apps to book Beauty Professionals for beauty services, or has joined our Membership Program.

"Services" means the services provided via our Website and Apps to facilitate and support the booking and completion of a beauty appointment with a Beauty Professional.

"Beauty Professional(s)" means an independent contractor in the business of providing beauty services who uses our Services to provide beauty services directly to customers, and includes hair stylists, makeup artists, and nail technicians.

"User" means a natural person that visits and interacts with our Website.

"Website and Apps" means https://glamsquad.com/ and the GLAMSQUAD mobile applications.

Services and Beauty Professionals Waiver

PLEASE NOTE THAT THE SERVICES ARE INTENDED TO ONLY BE USED TO SCHEDULE AN APPOINTMENT WITH ONE OF THE BEAUTY PROFESSIONALS TO PROVIDE CUSTOMERS WITH IN-HOME BEAUTY SERVICES. GLAMSQUAD DOES NOT PROVIDE THE IN-HOME BEAUTY SERVICES DIRECTLY AND ALL BEAUTY PROFESSIONALS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF GLAMSQUAD. WE ASSUME NO RESPONSIBILITY FOR THE ACTIONS OR INACTIONS OF BEAUTY PROFESSIONALS BEFORE, DURING, AND AFTER THE SCHEDULED APPOINTMENT. FURTHER, WHILE WE PERFORM BACKGROUND CHECKS ON BEAUTY PROFESSIONALS BEFORE PERMITTING THEM TO PROVIDE SERVICES, GLAMSQUAD DOES NOT HAVE CONTROL OVER THE ACTIONS OR INACTIONS OF BEAUTY PROFESSIONALS, AND THUS IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL APPOINTMENTS AND THE HAPPENINGS DURING THE SAME. ACCORDINGLY, ALL APPOINTMENTS ARE MADE AND ACCEPTED AT A CUSTOMER’S AND BEAUTY PROFESSIONAL'S OWN RISK. CUSTOMERS SHOULD NOT COMPLETE, AND SHOULD IMMEDIATELY CANCEL, AN APPOINTMENT IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE APPOINTMENT IN ANY WAY. BEAUTY PROFESSIONALS SHOULD IMMEDIATELY LEAVE A CUSTOMER'S HOME IF THEY FEEL UNSAFE IN ANY WAY. FINALLY, CUSTOMERS ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO OBTAIN IN-HOME BEAUTY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH GLAMSQUAD AS A PROVIDER OF BEAUTY SERVICES.

Privacy

Our Privacy Policy also governs your visit to our Website and Apps, and describes what information we collect from you, and how that information is used, shared, secured, and eventually deleted. You can review our Privacy Policy here.

Intended Audience and Children's Services

Our Website and Apps are intended for and directed at residents of the United States and for persons over the age of 18. While Beauty Professionals will provide beauty services to children under the age of 18, they can only do so at the direction of and with the consent of that child's legal guardian. Further, if you are making an appointment on behalf of your child, you can only do so if you are that child's legal guardian and consent to the same. Only persons 18 years old or older may book the in-home beauty services offered on our Website and Apps.

Customer Accounts

Account Creation

In order to book an appointment with a Beauty Professional, Users must register for an account with us ("Customer Account”). When you register for a Customer Account with us, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. To create a Customer Account, we require your full name, phone number, and a valid email address. Users cannot create more than one Customer Account and also cannot create a Customer Account on behalf of anyone else. Customers can use their Customer Account to book services for their own children though as noted above. Customers may delete their Customer Account at any time, and for any reason, by following the instructions for deletion contained in the Customer Account. Additionally, all Customer Accounts are subject to these Terms and any additional terms that may be noticed on our Website and Apps, and/or separately agreed to by a Customer. GLAMSQUAD may suspend or terminate any Customer Account as needed and as outlined below, in the Term and Termination section of these Terms. GLAMSQUAD also reserves the right to refuse to allow a Customer Account to exist or be created, and will delete any Customer Account created by a User or former Customer who has been previously removed or barred by GLAMSQUAD from accessing the Services.

Account Responsibilities

Customers are responsible for maintaining the confidentiality of the login credentials for their Customer Account. As prompted when you first register for an account, Customers must utilize a sufficiently complex password and maintain the same in a secure manner. Further, Customers should be mindful of access to the device used to access their account and restrict access to such device as well. Customers remain responsible for all activities that occur under their Customer Account.

Customers agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of their Customer Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you notice any problems or suspect that your account has been compromised, please contact us at support@glamsquad.com to report the same as soon as possible.

Third-Party Booking

Customer Accounts are intended for individuals booking Services for themselves. Currently, our Website and Apps do not support creating Customer Accounts for third-party bookings. However, if you are arranging our Services on behalf of a client, or are booking services for large events (e.g., weddings), we will provide you with a separate agreement detailing the terms of that specific arrangement. You may submit a wedding service request here: https://noteforms.com/forms/wedding-service-request-vlak1h. You may contact us for more information at support@glamsquad.com.

Account Cancellation

To cancel a Customer Account, please log in and follow the instructions provided in your Customer Account settings. Once you have completed the cancellation process, your Customer Account will become inactive and all associated information with that Customer Account will be anonymized. If you wish to delete your Customer Account permanently, you can contact our support team by email at support@glamsquad.com, or by phone at (844) 695-4526. Please note that Customer Account deletion is irreversible, and all data associated with that account will be hashed. If you wish to create an account with us again in the future, you will need to create a new Customer Account.

Payment Terms

Booking Service Providers

In order to book an appointment or claim any free promotional hair, nail and makeup services, Users must create a Customer Account. To create a Customer Account, Users must provide us with a valid form of payment that is accepted by our third-party payment provider, Stripe. A valid form of payment is required to book all beauty services, including any advertised free promotional hair, nail and makeup services.

Cancellation of Appointments

Customers may cancel any appointment in accordance with our cancellation policy set forth at . Appointments can be canceled through the Apps by calling us at (844) 695-4526 or by emailing us at support@glamsquad.com. We reserve the right to cancel free promotional Services at any time for any or no reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the Beauty Professional cancels an appointment for any reason, you will receive a refund, unless GLAMSQUAD is able to book another Beauty Professional acceptable to you during the time scheduled for your appointment. If Beauty Professionals cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such appointment.

Payment Process

As described above, in order to use GLAMSQUAD's Services, you must provide us with, and at all times maintain, a valid form of payment issued by an established financial institution. If you order an in-home beauty service, you agree to pay the then-current applicable service fee listed on our Website and Apps. We, through our third-party payment processor, Stripe, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked, and each time you book an appointment thereafter. Unless otherwise expressly set forth in this Agreement, all payments to the service providers are non-refundable, except in the event that we or the Beauty Professional cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.

Membership Program

You may join our Membership Program, which will provide you with exclusive discounts and perks. Memberships can be prepaid in intervals of a month, 3 months or a full year, and automatically renew on a monthly basis after the pre-paid period has expired.

Membership Program Cancellation

Memberships can be cancelled or paused at any time via your Customer Account on our Website. You may also pause your membership on our Apps, and can pause your membership indefinitely if you so choose. Please note that we do not prorate refunds for cancellation requests received once the billing cycle has started. If you cancel your membership once a billing cycle has started, your membership will remain active for the duration of that billing cycle and will not renew thereafter. If you need help or have any questions regarding your membership, please contact us at support@glamsquad.com.

General Payment Terms

By providing us with your credit card number and associated payment information, you agree that GLAMSQUAD is authorized to immediately invoice your Customer Account for all fees and charges due and payable to hereunder and that no additional notice or consent is required.

You agree to immediately notify GLAMSQUAD of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for in-home beauty appointments (from time to time in our sole discretion, and subject only to the right of service providers to review and accept said pricing changes) by updating the price list included on the Website and Apps and without any additional notice to you, provided that any changes will not affect any items or services purchased prior to the notice.

We collect a 4.5% tax on all Services provided within New York City. Gratuity, or tips, for Beauty Professionals can be added in your cart prior to booking. Tips are not subject to a 4.5% tax on our Services and are not included in the listed price of our Services. 100% of tips go to Beauty Professionals.

Refund Policy

We offer refunds for Services that are not performed, as described above. Additionally, for other issues such as lateness or quality concerns, we may, in our discretion, offer refunds, discounts, or future credits. If you wish to report an issue with a Service you have received or paid for, please contact us at support@glamsquad.com.

Referral Credits

We offer our Customers credits for referring first-time, new users ("Referral Credit"). To qualify for a Referral Credit, you must refer a natural person who did not ever and does not currently have a Customer Account with us or has never used our Services to sign up for a Customer Account ("New User"). Then the New User must create a Customer Account and book, receive, and pay for a Service with a Beauty Professional within ninety (90) days of being referred. Referral Credits will be issued to you for each New User that you refer, and they will be automatically credited to your account for your own use once the above conditions have been met. Referral Credits are not available for previous referrals that did not book, receive, and pay for our Services. Customers cannot earn Referral Credits by creating new accounts for themselves. Referral Credits are not redeemable as cash or for any other monetary value, and they immediately expire if you terminate your Customer Account with us. We reserve the right to revoke, deduct or cancel credits at any time.

Promotional Codes

From time to time, we may run promotions and use promotional codes to facilitate them (“Promo Codes”). All promotions are subject to any additional terms that we establish on a per promotional code basis. Promo Codes may only be used once per Customer, and only one Promo Code can be used per transaction or appointment. We do not permit stacking Promo Codes. Each Promo Code benefit may only be redeemed once per Customer Account. We reserve the right to vet the legitimacy of all Promo Codes and only those Promo Codes that have been created by GLAMSQUAD and/or sent to you through official GLAMSQUAD communications channels are valid. Promo Codes are subject to the following conditions: (i) they can only be used for their intended purpose, and in a lawful manner; (ii) they cannot be altered, duplicated, sold, transferred, or redistributed; (iii) they can be disabled or terminated by us at any time for any reason without liability to us; (iv) they may only be used once by an individual Customer and are subject to these Terms and any specific additional terms that we establish for a Promo Code; (v) they have no cash value and cannot be redeemed for any monetary value; (vi) regardless of when they are issued they are subject to their expiration date; and (vii) they cannot be applied towards packages or gift cards. Promo Codes should not be shared by Customers in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us and we reserve the right to reject any Promo Code and/or terminate a Customer Account If such Customer is found to have violated these Terms.

We do not currently offer Promo Codes for Services in the Hamptons.

We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any Referral Credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Customer Account, no further promotional value adjustments or credits will be issued for any reason, including, but not limited to, dissatisfaction with the Services.

Customer Responsibilities for In-Home Beauty Treatments

By booking an appointment with GLAMSQUAD you are requesting that a Beauty Professional provide you with in-home beauty services. As a condition of the provision of those Services, you also agree to assume certain responsibilities and comply with reasonable conditions as applicable. When you book an appointment, you will be sent a confirmation email that will outline all of the below general conditions and any related rules or requirements of the Beauty Professional that is applicable to the service(s) purchased. The rules and requirements outlined in the confirmation email and the general conditions listed below collectively form the “Requirements”.

Specifically, the general conditions for all appointments require that Customers: (a) provide and maintain a safe, clean, and reasonably comfortable workspace for the Beauty Professional(s) that is free of conditions that would make it difficult for the Beauty Professional(s) to perform their work; (b) provide access to sanitary bathroom facilities for the Beauty Professional(s); (c) provide a workspace that is in reasonably close proximity to an electrical outlet and a sink with hot and cold running water; (d) refrain, and cause other individuals present in your household to refrain, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while the Beauty Professional(s) is/are present; (e) if you have pets, they must be confined to a room where the Beauty Professional(s) is/are not be working; and (f) if you have a child or children under the age of 13, they will be adequately supervised and cared for by someone other than you, while the Beauty Professional(s) is/are present. Customers also agree that, to the extent possible, no other individuals will be present in the space for the entirety of your appointment.

We and/or the Beauty Professionals reserve the right to terminate or refuse to provide the Services to anyone at any time in the event the Requirements are not met, or if the Beauty Professional(s) otherwise feel(s) unsafe or uncomfortable with the in-home work environment or conditions for any reason. As a reminder, Beauty Professionals are not employees or agents of GLAMSQUAD, but are independent contractors who operate business enterprises separate and distinct from GLAMSQUAD, and thus they may unilaterally terminate an appointment without the input of or notice to GLAMSQUAD.

Health Safety Policy

Without limiting the requirements and responsibilities set forth above, all recipients acknowledge and agree that the Requirements include a recipient's responsibility for taking all appropriate health, safety and hygiene measures to protect yourself and any service provider from the spread or potential spread of infectious diseases or conditions, or any other unhealthy, unsafe, or unsanitary conditions, including without limitation by following all steps set forth in the Health Safety Policy set forth at https://glamsquad.zendesk.com (the “Safety Policy”). GLAMSQUAD may update or supplement this Safety Policy from time to time, including to respond to or incorporate additional or updated guidance, so you must check the Safety Policy frequently and comply with the most recent version of the Safety Policy at the time of your appointment. While the Safety Policy sets the minimum requirements for the receipt of in-home beauty service appointments made through the Services, there is no substitute for common sense, and GLAMSQUAD cannot, and does, not guarantee any services or conditions or take any responsibility or liability for (a) a Customer's failure to provide safe, healthy, and sanitary services or accommodations for the Services, (b) unsafe, unhealthy, or unsanitary conditions even if the Safety Policy is followed, or (c) any spread or potential spread of infectious diseases or conditions or any other unhealthy, unsafe, or unsanitary conditions resulting from use of the Services in any manner.

Services in Florida

If you are seeking Services in the state of Florida, you can schedule the following Services for any reason: hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, nail cleansing, hair braiding; hair wrapping; body wrapping; applying polish to fingernails and toenails; makeup application, which includes, but is not limited to, application of makeup primer, face paint, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, strip lashes, individual lashes, face powder, corrective stick, and makeup remover.

If you want to schedule Services related to hair coloring, permanent waving, hair relaxing, hair removal, including wax treatments, full manicures and pedicures, (including the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands, including any procedure or process for the affixing of artificial nails (except those nails which may be applied solely by the use of a simple adhesive) and the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet), facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skincare services, then you can only schedule these services if: (a) for reasons of ill health you are unable to go to a licensed beauty salon; or (b) the services are being performed in connection with a special event defined as weddings, fashion shows, and other events as approved by the State board.

Services in California

If you are utilizing in-home beauty Services in the state of California, you represent that the purpose of your request for the Services is: incidental to the theatrical, radio, television or motion picture production industry; necessary due to your illness or other physical or mental incapacitation; or for the purpose of receiving recommendations and/or live demonstrations about products.

Ownership; Rights and Licenses

All content available on the Website and Apps, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of GLAMSQUAD, our affiliates, partners, or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of GLAMSQUAD, our affiliates, partners, or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website and Apps may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. This includes any automatic or bot scrapping of the data and content contained on our Website. Any form of automatic scrapping of our Website and the data contained herein, is a violation of these Terms.

If You would like to use or post any of our data, Content or Trademarks, you can send us a request for permission detailing the sought after data, Content, or Trademark, and how it will be used, via email at support@glamsquad.com.

With regards to content that you are viewing on our Website and Apps and your overall use of our Website and Apps, we do provide you with a limited, a royalty-free, non-exclusive, nontransferable, and revokable, right and license to access our Website and Apps, and allow you to view, download, or print materials from our Website and Apps for your own personal and non-commercial use (provided all original copyright, trademark, and other notices are preserved in their original form) (“Limited License”). This Limited License does not include any rights not specifically stated herein. Your use of our Website and Apps does not grant, license, or transfer to you any ownership or other rights in our Website and Apps content (including without limitation the Content and Trademarks), and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of GLAMSQUAD’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter, offer for sale, or enhance any of the Website and Apps, or its Content in any manner whatsoever.

Any rights not expressly granted to you in these Terms are expressly reserved by GLAMSQUAD. For greater certainty, you agree that you will not take any action that is inconsistent with GLAMSQUAD’s exclusive ownership of this Website, nor GLAMSQUAD’s ownership of, or any third party’s ownership of, any Website and Apps content (including without limitation the Content and Trademarks).

If you believe that any of your copyrighted material has been copied and posted to this Website and Apps in a way that infringes on your copyright, please see section entitled "Copyright Policy" below for more information on how to contact us to remove the same.

Finally, we have no obligation to provide you with any support or maintenance in connection with the Services.

User Content

“User Content” means any and all information and content that a user submits or posts on social networking sites where we have a page or presence (“SNS Pages”). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not GLAMSQUAD), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

License. You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website and Apps. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Use of Our Website and Services

You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary, for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if, we determine in our sole discretion, that you violated the Acceptable Use Policy or any other provision of this Agreement or otherwise created liability for us or any other person. Such acts may include, but are not limited to, removing or modifying your User Content, terminating your Account in accordance with Section entitled “Term and Termination” and/or reporting you to, and cooperating with, law enforcement authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental requests; (ii) enforce this Agreement; (iii) respond to any claims that User Content violates the rights of third parties; or (iv) protect the rights, property or personal safety of GLAMSQUAD, its users, employees or the public, and all law enforcement or other government officials, as GLAMSQUAD in its sole discretion believes to be necessary or appropriate.

Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), then you grant us a perpetual, royalty-free, transferable, sublicensable, worldwide license to all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Linking/Scrapping

You may not link the Website and Apps to any other site without GLAMSQUAD's prior written consent. If and where the Website provides a link(s) to any third-party website, such website may not be under GLAMSQUAD's control and accordingly GLAMSQUAD will have no responsibility for, and does not make any representations or warranties with respect to, such website or any content or services in connection therewith, and GLAMSQUAD does not endorse any of the same. GLAMSQUAD does not consent to this Website being scraped by bot, automated means, or any other means, and/or used in a data set or to train any automated systems, including but not limited to any artificial intelligence.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold GLAMSQUAD (and our affiliates, partners, licensors and service providers, and our respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Website and Apps and Applications) harmless against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of this Agreement by You. Such violations include: (a) your use of the Services in an unauthorized manner; (b) your User Content; (c) your violation of this Agreement; (d) your violation of applicable laws or regulations; or (e) your violation of any of the Requirements. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

This provision does not require you to indemnify us for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website and Apps or Applications.

Third Party Services

The Website and Apps might contain links to third party websites, applications, services, and advertisements for third parties (collectively, “Third Party Sites, Apps & Ads”). Such Third-Party Sites, Apps & Ads are not under our control, and we are not responsible for any Third Party Sites, Apps & Ads. We provide these Third-Party Sites, Apps & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, Apps & Ads. You use all Third-Party Sites, Apps & Ads at your own risk. When you link to a Third-Party Site, Apps & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites, Apps & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Website and Apps based on your activities on the Website and Apps or within the Services.

Interactions with Other Users

Users (whether Customers or Beauty Professionals) are solely responsible for their interactions with each other (including, in the case of Customers, interactions with Beauty Professionals, and in the case of Beauty Professionals, interactions with Customers), and any other parties with whom such user interacts; provided, however, that GLAMSQUAD reserves the right, but has no obligation, to intercede in disputes. You agree that GLAMSQUAD will not be responsible for any liability incurred as the result of such interactions including without limitation any result of receiving or not receiving any in-home beauty services through or in connection with the Services. YOU UNDERSTAND THAT GLAMSQUAD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR EVALUATE THE CREDENTIALS OF ANY USER. GLAMSQUAD ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. GLAMSQUAD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, CONDITIONS OR ACCOMMODATIONS FOR RECEIVING OR PROVIDING SERVICES, OR ANY USERS' COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. GLAMSQUAD RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Disclaimer of Warranties

GLAMSQUAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT AND OUR SERVICES, INCLUDING ITS CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

As Is. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE WEBSITE AND APPS AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (D) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE. YOU AGREE THAT APPOINTMENTS MAY CARRY INHERENT RISK, AND BY REQUESTING THE IN-HOME BEAUTY SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, THE IN-HOME BEAUTY SERVICES MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY REQUESTING SUCH IN-HOME BEAUTY SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR APPOINTMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Liability for Beauty Professionals. GLAMSQUAD DOES NOT GUARANTEE OR WARRANT ANY BEAUTY PROFESSIONALS’ PERFORMANCE IN THE APPOINTMENT OR QUALITY OF THE IN-HOME BEAUTY SERVICES.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR THE BEAUTY PROFESSIONALS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, OR LOSS OF DATA RESULTING THEREFROM.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF BEAUTY PROFESSIONALS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID GLAMSQUAD IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE. THE TERMS IN THIS SECTION ARE VALID ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

This Limitation of Liability section does not apply to New Jersey residents.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Website and Apps and/or Services (including your Customer Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Customer Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Customer Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We respect the intellectual property of others and ask that users of our Website and Apps and Services do the same. In connection with our Website and Apps and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. A repeat infringer is any user for whom we have received two or more takedown notices (however, we reserve the right to terminate any user who submits infringing content at any time). If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. a physical or electronic signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. identification and description of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a written statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement, made under penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Dispute Resolution

Applicability of Arbitration Agreement

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with GLAMSQUAD and limits the manner in which you can seek relief from us.

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, or to any aspect of your relationship with GLAMSQUAD, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or GLAMSQUAD may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Corporation Services Company, 251 Little Falls Drive, Wilmington, Delaware 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, GLAMSQUAD will pay them for you. In addition, GLAMSQUAD will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator

The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and GLAMSQUAD. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial

YOU AND GLAMSQUAD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and GLAMSQUAD are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief

ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@glamsquad.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your GLAMSQUAD username (if any), the email address you used to set up your GLAMSQUAD account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability

Except as provided in the “Waiver of Class or Other Non-Individualized Relief” subsection, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with GLAMSQUAD.

Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if GLAMSQUAD makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing GLAMSQUAD at the following address: JMB Glamsquad, LLC, 169 Madison Avenue, Suite 2087, New York, NY 10016.

General

Changes to Agreement

We reserve the right, in our sole discretion, to change this Agreement at any time by posting the changes on our Website and Apps and revising the "Last Revised" date at the top of this Agreement. Any changes are effective immediately upon posting to our Website and Apps. If we make any material changes, we may also notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Services. Any changes to this Agreement will be effective upon posting on the Services, or the date identified in the email or notice (if later). You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Your continued use of the Website and Apps and Services following any changes to this Agreement constitutes acceptance of such changes. Accordingly, you are expected to check this page from time to time to ensure you are aware of any changes, as they are binding to you. if you do not agree with any of the changes, you should stop using our Services.

Electronic Communications

The communications between you and GLAMSQUAD may take place via electronic means, whether you visit the Services or send GLAMSQUAD e-mails, or whether GLAMSQUAD posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from GLAMSQUAD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GLAMSQUAD provides to you electronically, subject to local privacy and anti-spam laws, satisfy any legal requirement that such communications would satisfy if it were to be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

Mobile Features

We may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse our Website from Your mobile device, receive messages from our Website, download applications to Your mobile phone or access Website features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by Your carrier when You use the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with Your carrier or mobile device. Contact Your carrier with questions regarding these issues. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require You to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

Text Messaging

We utilize third-party providerIf you want to sign up to receive text messages from us, please enter your mobile number in the mobile phone section to receive our text messages. By signing up, you consent to receive GLAMSQUAD text messages to your mobile phone/device regarding various promotions, alerts and events. Message frequency will vary. GLAMSQUAD reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Your consent to receive text messages is not required to make a booking. You understand and agree that the text messages sent to your mobile phone/device may be generated using automated technology. Message and data rates may apply. Reply STOP to cancel the messages and opt out of these communications or reply HELP for info. You can also opt out of all communications from us here. All charges are billed by and payable to your mobile service provider. GLAMSQUAD does not charge You for sending or receiving text messages to or from us. By signing up for GLAMSQUAD texts, you agree that the collection and processing of your personal data will be in compliance with our Privacy Policy, which can be found here.

Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the Services, please contact us at: support@glamsquad.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Choice of Law

This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Notice

Where GLAMSQUAD requires that you provide an e-mail address, you are responsible for providing GLAMSQUAD with your most current e-mail address. In the event that the last e-mail address you provided to GLAMSQUAD is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, GLAMSQUAD’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to GLAMSQUAD at the following address: JMB Glamsquad, LLC, 169 Madison Avenue, Suite 2087, New York, NY 10016. Such notice shall be deemed given when received by GLAMSQUAD by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign this Agreement. The terms of this Agreement will be binding upon your assignees and if applicable, heirs and dependents.

Severability

If any provision in these Terms is found to be invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.