Terms and Conditions
Last Updated: 7/22/2025
Introduction
These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the, or our, “Services”), that are owned, operated, or provided by Sally Splash LLC or its subsidiaries, divisions, and affiliates (“Sally Splash” or “we” or “us”).
Sally Splash offers the Services, including all information, tools, services, goods, and products available through the Services, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before making any transaction with us or otherwise using the Services.
By making any transaction or by visiting or otherwise using the Services, you acknowledge, accept, and agree to be bound and abide by these Terms and our Privacy Policy (which is incorporated herein by reference), both on your behalf, and, as applicable, on behalf of the company, government agency, or juridical entity that you are affiliated or associated with, and you represent and warrant that you have the authority to bind such entity to our Terms and Privacy Policy. If you do not have such authority, or if you do not agree to these Terms or our Privacy Policy, then accessing the Services is strictly prohibited, and you must immediately exit and cease using the Services.
By using the Services, you further agree that you are at least eighteen years of age and are the legal age of majority in the jurisdiction in which you reside. No person under the age of eighteen is permitted to provide their personal information in any capacity through the Services, even if they have obtained parental consent to do so. The Services are only offered and available to users who are at least eighteen years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICES, ARE LEGALLY BINDING, LIMIT SALLY SPLASH’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY SALLY SPLASH AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE THE SERVICES.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.
Accessing the Services
We reserve the right to withdraw or amend our Services at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the Services, to certain users.
To access or use the Services, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other similar credentials as part of our security procedures.
As a condition of your use of the Services, you agree:
that you will not utilize any automated means to use or access the Services in whole or in part;
that you are prohibited from using or accessing the Services if you are a person or entity barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use or access the Services;
to maintain the confidentiality of any account, and any associated credentials, you use on or for the Services and any information related thereto, as applicable;
that any information that you provide on the Services will be correct, current, and complete;
that you are solely responsible for all access to and use of the Services by anyone using your account or other identification or credentials, on or for the Services, whether or not such access to, and use of, the Services is actually authorized by you;
to notify us immediately of any unauthorized use of the Services, including any compromise of your account information or other identification or credentials, as applicable, and any other breach of security;
to promptly change your password, or other similar credentials, if you suspect it has been compromised; and
not to sell, transfer, or assign your account or credentials, or any rights therein.
Sally Splash is not responsible for any unauthorized accounts that may appear on the Services, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Services or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Services. While we will take prudent steps to protect all accounts and the security of information on the Services, you understand that we cannot protect your information outside of the Services.
You also understand and agree that Sally Splash may assume that any transaction, order, purchase, or communications we receive through your account or credentials have been made or authorized by you. Sally Splash expressly disclaims any liability from misuse of any and all accounts or credentials, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account or other identification or credentials; or (iii) any unauthorized access or use of your account or credentials. You agree to defend, indemnify, and hold Sally Splash harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by Sally Splash arising out of your breach of these Terms or violation of applicable law, your use or access of the Services, or access by anyone accessing the Services using your account or other identification or credentials.
Information Collected About You
All information that you provide to us, including, but not limited to, through the use of any interactive features on the Services, or that we otherwise collect on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Payment Terms
Some features of the Services may require you to make certain payments—for example, to purchase products or services from Sally Splash. Sally Splash reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. By confirming any transaction, order, or purchase, you agree to accept and pay all costs and fees, including but not limited to any applicable taxes and shipping or handling fees.
Sally Splash may use third-party services to process payments, which have their own separate terms of service. While Sally Splash will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, Sally Splash expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold Sally Splash harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Services. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason, including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, 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 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Linked Sites
The Services may provide links to other third-party websites (“Linked Sites”). Sally Splash has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. Sally Splash is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Sally Splash of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Sally Splash.
If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. Sally Splash makes no representation or warranty as to any Linked Site content, products, or services, and you agree that Sally Splash shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.
Intellectual Property Rights and Ownership of Services
The Services and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by Sally Splash, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Services and Content solely for your own personal, non-commercial use. You understand and agree that this license is not a transfer of title, right, or interest in the Services or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, or attempting to decompile or reverse engineer the Services or Content; using the Services or Content for any commercial purpose (except as otherwise permitted by Sally Splash); removing any copyright, trademark, or other proprietary notations from the Services or Content; and otherwise infringing upon the intellectual property rights of Sally Splash or its licensors.
This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Sally Splash at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Services. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Sally Splash.
Sally Splash owns and uses several trademarks on the Services, along with related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Sally Splash. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Accuracy of Information and Reliance on Information Posted
Sally Splash attempts to ensure that information on the Services is complete, accurate, and current. However, despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. Additionally, while Sally Splash makes all reasonable efforts to accurately display the attributes of its Services, we cannot and do not guarantee that any device will accurately display such attributes.
Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Services, which includes, but is not limited to, any information related to product or service specifications or pricing, or information relating to job listings, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Services is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Services may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify our Content and the Services at any time, but we have no obligation to update our Content or the Services. You agree that it is your responsibility to monitor changes to our Content and our Services.
You also agree that the inclusion of any products or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time. Pricing or availability errors may occur on the Services. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Sally Splash reserves the right to cancel any orders or transactions containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Sally Splash. We may, at our discretion, either contact you for instructions or cancel your order or transaction and notify you of such cancellation.
We reserve the right, but are not obligated, to limit the sale or display of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products or services that we offer or display. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Services. You agree that any Sally Splash product or service obtained by you will only be used in a lawful manner. Sally Splash disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Services. Additionally, to the extent that the Services includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of Sally Splash, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.
Linking to Sally Splash’s Services
Creating or maintaining any link to any page or portion of the Services or running or displaying the Services or any Content in any format without Sally Splash’s prior written permission, is strictly prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to the Services, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Services or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Sally Splash, a Sally Splash employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sally Splash or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
User Contributions
The Services may now or in the future contain interactive features that allow users to post, submit, publish, display, or transmit to Sally Splash, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Services. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through the Services in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.
Your User Contributions may be provided to Sally Splash, posted, or otherwise transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely. By submitting any User Contributions, you grant to Sally Splash a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. Sally Splash will have no liability related to any User Contributions.
To the extent that your User Contributions contain a third party’s personal information, you warrant and agree that you have the third party’s consent to provide such information, that the third party is at least eighteen years of age, and that the third party is a legal resident of the United States. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY’S PERSONAL INFORMATION VIA YOUR USER CONTRIBUTION WITHOUT THE THIRD PARTY’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY'S PERSONAL INFORMATION VIA YOUR USER CONTRIBUTION IF THE THIRD PARTY IS UNDER EIGHTEEN YEARS OF AGE OR IS NOT A LEGAL RESIDENT OF THE UNITED STATES, REGARDLESS OF THE THIRD PARTY’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A THIRD PARTY’S SENSITIVE PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO GOVERNMENT-ISSUED ID NUMBERS, FINANCIAL ACCOUNT INFORMATION, OR MEDICAL INFORMATION) VIA YOUR USER CONTRIBUTION, REGARDLESS OF THE REFEREE’S CONSENT.
You further represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Sally Splash, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Sally Splash.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS SALLY SPLASH AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We may not be able to review all material before it is posted on or through the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.
Copyright Complaints and DMCA Copyright Agent
Sally Splash complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Services. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Sally Splash has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Sally Splash to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sally Splash to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
4. Information reasonably sufficient to permit Sally Splash to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
Sally Splash Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
Please note that if any notification of claimed infringement does not meet the above requirements, Sally Splash has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
1. Your physical or electronic signature, as well as information sufficient for Sally Splash to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4 .Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in Middle District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter notification must be sent to:
Sally Splash Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
Geographic Restrictions
Sally Splash is based in the United States; as such, we provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SMS/MMS Mobile Messaging Program
Marketing Messages and Opting-In
Sally Splash offers a mobile marketing messaging program in connection with the Services (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us through our third-party service provider. Opting-in to the Program is optional and not a condition of any purchase or submission of any application. The Program allows you to receive SMS/MMS mobile marketing messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. Such messages marketing messages and offer and event reminders. Services-related messages may also include updates, alerts, and information (e.g., order updates, account alerts, etc.). You may also share feedback via the Program. Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded mobile marketing messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
Data obtained from you in connection with the Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
Mobile Messaging Opt-Out (Marketing and Transactional Messages).
If you do not wish to continue participating in the Program, or if you have received transactional or other non-marketing SMS/MMS text messages from Sally Splash and you wish to opt-out of the receipt of additional SMS/MMS text messages, you may reply “STOP” to any mobile message from us in order to opt out of the Program or in order to opt-out of the receipt of transactional or other non-marketing SMS/MMS text messages. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at [contact email address]. Opt-outs should be submitted in accordance with the procedures set forth above.
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Sally Splash and phone carriers are not liable for delayed or undelivered mobile messages.
We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Florida Telemarketing Act, and Florida Do Not Call Act. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of your opt-in to the Program, (1) your mailing or shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.
MMS Disclosure.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Referral Program and Rewards
As part of our Services, we may allow you to refer parties, who may be interested in Sally Splash’s services, to Sally Splash (“Referral Program”). From time to time, Sally Splash may also offer rewards or incentives (each a “Reward” and, collectively, “Rewards”) for making such referrals.
Referring users (each a “Referrer”) may refer individuals who are interested in Sally Splash’s services, (each, a “Referee”) by providing Sally Splash with the Referee’s name, email address, and phone number.
To the extent that you provide a Referee’s personal information to Sally Splash, you warrant and agree that you have the Referee’s consent to do so, that the Referee is at least eighteen years of age, and that the Referee is a legal resident of the United States. YOU ARE NOT PERMITTED TO PROVIDE A REFEREE’S PERSONAL INFORMATION TO SALLY SPLASH WITHOUT THE REFEREE’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A REFEREE'S PERSONAL INFORMATION TO SALLY SPLASH IF THE REFEREE IS UNDER EIGHTEEN YEARS OF AGE OR IS NOT A LEGAL RESIDENT OF THE UNITED STATES, REGARDLESS OF THE REFEREE’S CONSENT. YOU ARE NOT PERMITTED TO PROVIDE A REFEREE’S SENSITIVE PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO GOVERNMENT-ISSUED ID NUMBERS, FINANCIAL ACCOUNT INFORMATION, OR MEDICAL INFORMATION) TO SALLY SPLASH, REGARDLESS OF THE REFEREE’S CONSENT.
Subject to the limitations provided herein and except as otherwise indicated in a special offer, there is no limit to the number of referrals that a Referrer can make, nor the cumulative Rewards that the Referrer may receive through a special offer. All Referees must be first-time Referees, and multiple referrals to the same individual or entity will be disregarded.
Sally Splash reserves the right to cancel, modify, suspend, revoke, or terminate the Referral Program and any special offers at any time, for any or no reason whatsoever, with or without notice, and you understand and agree that, whether you are a Referrer or a Referee, we may make certain aspects of the Referral Program only available to select participants at any time based on activity, geographical location, program participation, or other factors determined in our sole discretion. Rewards may be redeemed in various forms at Sally Splash’s discretion and may be subject to Sally Splash’s verification. Restrictions may apply, and we may also refuse to verify and process any transaction for any reason. Unless otherwise stated, Rewards have no monetary value and may not be redeemed for cash outside of the Services. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Rewards and any special offers provided by Sally Splash are further void where prohibited by applicable law. Upon termination of the Referral Program, your Rewards will also automatically be canceled, and you will not be permitted to redeem those Rewards. We are not responsible for any Rewards lost due to such termination, cancellation, or any fraudulent or unauthorized use of your account. You agree not to engage in fraud or abuse in your use of the Referral Program. Any fraud or abuse relating to your accumulation of Rewards or any referrals may result in the annulment of all Rewards earned under the Referral Program.
Specifically, if Sally Splash determines, in its sole discretion, that any Referrer or Referee is attempting to obtain an unfair advantage or is otherwise violating the terms or spirit of any special offer or abusing the Referral Program, we may revoke any Rewards issued to either Referrer or Referee. All special offers are subject to any other terms, conditions, and restrictions set forth on the Services or presented in connection with the special offer. You understand and agree that we reserve the right to monitor all Referral Program activity and terminate your participation in the Referral Program if we believe that you have violated any of our Terms, provided false or inaccurate information, abused the Referral Program, or that the use of the Referral Program is unauthorized, fraudulent, or otherwise unlawful.
By being a Referrer or Referee, you represent, warrant, and agree that:
You are a legal resident of and reside within the United States and are at least eighteen years old.
Any individual Referee that you refer to Sally Splash as part of the Referral Program is also a legal resident of and resides within the United States and is at least eighteen years old.
You cannot and will not refer or provide any information about any Referee that does not reside, or is based, within the United States to Sally Splash.
The personal information collected, processed, and used as part of our Referral Program is subject to our Privacy Policy.
If you provide personal information to us about a third party as part of our Referral Program, you have obtained consent from said party to share that personal information with us.
If you provide personal information to us about yourself as part of our Referral Program, you consent to the collection, processing, and use of said information in accordance with these Terms and our Privacy Policy.
You cannot and will not refer yourself or create fictitious or fake Referees to participate in the Referral Program.
You will not use the Referral Program to violate any law, infringe, or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Referral Program.
You may not (i) tamper with the Referral Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Referral Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
The receipt of any Reward does not entitle you to any vested right with respect to the Reward or the Referral Program.
Sally Splash will not have any liability for any cancellation, modification, suspension, revocation, or termination of the Referral Program, even if any one or more of these events affects your ability to use any Rewards already issued.
Sally Splash will have the final decision in any disputes over Rewards or your participation in the Referral Program.
Disclaimers and Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR RISK. THE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES AND ALL SERVICE INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICES, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES. THE MATERIALS ON THE SERVICES MAY BE OUT OF DATE, AND SALLY SPLASH MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. SALLY SPLASH MAKES NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, SALLY SPLASH HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. SALLY SPLASH MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ADDITIONALLY, IN NO EVENT WILL SALLY SPLASH OR ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND SIMILAR DAMAGES, EVEN IF SALLY SPLASH HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR SALLY SPLASH WAS GROSSLY NEGLIGENT.
FURTHER, SALLY SPLASH AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY INFORMATION OR MATERIALS ON THE SERVICES, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE. THE MAXIMUM LIABILITY OF SALLY SPLASH AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Indemnification
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Sally Splash and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Services, including use of any good, product, or service purchased through the Services, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Services (c) your violation of any law or the rights of a third-party, (d) the acts or omissions of any other user or third party, or (e) any claims, damages, charges of discrimination, demands, losses, liabilities and causes of action, of any type, that any current or former employee, consultant, or contractor may raise or allege that use of the Services or any hiring decision based in any way upon use of the Services violates any federal, state, or local statutes, ordinances, or common law. If you fail to promptly indemnify and defend a covered claim, Sally Splash shall have the right to defend itself, and in such case, you shall promptly reimburse Sally Splash for all of its associated costs and expenses. Sally Splash reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Binding Arbitration of Most Disputes; No Class Relief.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
a. Single Arbitrator.
The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).
b. Arbitrator Will Interpret This Agreement.
The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.
c. Location of Arbitration.
The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d. Governing Law.
The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
e. No Class Relief.
The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
f. Written Award.
The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
g. Arbitration Costs.
In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
h. Reasonable Attorney’s Fees.
In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. In the event you recover an Award less than our last written settlement offer, or you are found to not be entitled to any Award, the Arbitrator shall also have the right to entitle Sally Splash to the reimbursement, by you, of our reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration.
i. Interpretation and Enforcement of Arbitration Clause.
With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.
j. Modification of Arbitration Clause With Notice.
We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.
k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.
Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
l. Confidentiality of Arbitration.
You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the facts of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.
Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)
This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.
a. Procedure.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: [insert legal email].
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
b. Jurisdiction.
The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.
c. Governing Law.
To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
d. Injunctive Relief.
The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User Contribution, or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.
Additional Terms
The failure of Sally Splash to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Sally Splash regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.
By accessing the Services, you agree that the laws of the United States and the state of Florida without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Services.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, or other Transactions or Relationships must be filed within one year after such claim or cause of action arose or be forever barred.
We may provide you information regarding the Services in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sally Splash as a result of these Terms or use of the Services.
Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.
Contact Us
The Services are operated by Sally Splash LLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@sallysplash.com.