Updated March 3, 2016
GoodLooks, LLC (“we”, “our” or “us”) operates the GoodLooks platform (the “Platform”) that helps users discover, engage with and book personal service professionals such as stylists, personal trainers, and nutritionists (the “Services”).
In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable Service.
We may modify this Agreement from time to time and such modification shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
In certain instances, the Platform may facilitate transactions between Users and Professionals. Such transactions are solely between the User and the Professional. You acknowledge and agree that GoodLooks, LLC is not a party to any such transaction or resulting agreement and makes no representations and bears no responsibility with respect to any such transaction, including any issues relating to pricing, payment, quality or completion and you waive any claims with respect thereto. In addition, you acknowledge and agree that GoodLooks, LLC is not a broker, agent or insurer with respect to any transactions that may occur via the Platform. We do not offer any professional services or control the quality of any services offered by Professionals or the conduct of any User or Professional. All transactions entered into via the Platform are at your own risk.
I. YOUR ACCOUNT / SUSPENSION, TERMINATION
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
If you are a Professional, you are solely responsible for the accuracy of all information you provide on the Platform and agree that your offering of services through the Platform (a) will be in compliance with all applicable laws, rules and regulations; (b) will not breach any existing agreements you may have with third parties; (c) will not violate the rights of any third party. Once a User makes a booking of your services through the Platform, you may not alter the price upon which the booking was based. Without limiting any of the foregoing, you agree that you are solely responsible for obtaining and/or maintaining any and all permits or licenses applicable to your services and paying any and all applicable taxes.
You further agree not to circumvent the booking process facilitated by the Platform or otherwise seek to be hired directly by any User introduced through the Platform, whether with respect to your initial transaction with a User or any subsequent transaction with a User introduced to you through the Platform. In furtherance of the foregoing, as a material condition to your participation on the Platform, you agree that all bookings with a User introduced to you through the Platform will be performed through the Platform. .
You agree to use the Services only for proper and lawful purposes. Specific prohibited activities include, but are not limited to:
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
Not Advice or an Endorsement
All content on the Platform, including any Posted Content (as defined below) and content from external sources, is strictly for informational purposes only and is not intended to be deemed advice or an endorsement of any Professional.
With the exception of content posted by Users or Professionals (“Posted Content”), all materials contained on the Services, including all content, and the software, graphics, text and look and feel of the Platform, and all trademarks (including GOODLOOKS), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by GoodLooks, LLC, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose.
Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Services (e.g., through Posted Content, a chat or user forum, or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.
By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect our rights or property and our officers, directors, employees and agents; or (iv) to protect our partners, affiliates and any other user.
Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
Third-Party Content & Posted Content
You acknowledge that we are an online service provider that may post content supplied by Users, Professionals or other third parties. We do not practice editorial control over the content posted by such third parties (including Posted Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including any Professional’s Posted Content, are those of the respective authors or distributors and not of us or our affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject Posted Content and other content posted by third parties, we review Posted Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any piece of Posted Content is accurate or violates any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the Posted Content or any other content posted to the Services by anyone other than ourselves.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their Posted Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Posted Content in whole or in part.
IV. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Services constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
Users may be given the opportunity to book the services of a Professional through the Platform. In completing a booking, you will have the opportunity to agree upon the pricing, services and date with the Professional. The price offered to you will be set by the Professional. The cost for the service will be the price quoted to you by the Professional plus a 5% booking fee and, except as described in the following sentence, no additional charges will apply. As part of your transaction, we may give you the opportunity to donate to a charity and/or to tip your Professional in advance. If you choose to donate or tip (and we hope you will!), the amount of your donation and/or tip will be added to fee quoted to you. If you choose to add such additional payments, our service fee will not be calculated based on such additional amounts; the full amount of the tip and/or donation will be paid to the recipients less only transaction costs (e.g., credit card processing fees).
A booking will not be considered complete or secured until you confirm the booking and “check-out” authorizing payment. Once you confirm the booking and authorize the charge, the full price, along with the booking fee, donation and tip (if any), will be immediately charged to the credit card even if your appointment is in the future. We reserve the right to cancel any booking if the payment information provided is incorrect, denied or delayed. When you provide credit card information to us, you represent that you are the authorized user of the credit card.
Upon booking the service, we may provide your email and/or phone number to the applicable Professional and may provide you with the Professional’s contact information so you can contact each other if needed. In addition, you can always reach your Professional through the secure messaging center if needed. You expressly agree that you will only contact the Professional for purposes related to the booking.
By creating an Account with the Platform, Professionals will be added to the network of Professionals made available to Users through the Platform. As a Professional, Users will be given the ability to book your services. You will have the right to set your own terms related to the booking, including pricing and your cancellation policy. You acknowledge and agree that we may charge you and retain a service fee of 5% of your fee for all bookings made through the Platform. In addition, we have the right to deduct from the remainder of the sums due to you (including any tip a User has agreed to pay you) reasonable payment transaction costs (e.g., credit card processing fees). You will not receive any sums donated to charity. The amounts due to you hereunder will be paid to you the business day following the date of the applicable appointment which generated the fee. You agree that we may act as your limited agent solely for the purpose of collecting the applicable fees you charge to the Users who book your services through the Platform. Any payment received by us from a User through the Platform to book your services will be deemed a payment received by you. You are responsible for tax reporting any and all income from GoodLooks.
Upon booking the service, we may provide your email and/or phone number to the applicable User and may provide you with the User’s contact information so you can contact each other if needed. In addition, you can always reach the User through the secure messaging center if needed. You expressly agree that you will only contact the User for purposes related to the booking.
Cancellations / Refunds
Cancellation policies will be determined solely by the Professionals so please verify your Professional’s cancellation policy. If you are a User and you cancel a booking, you agree that you will still be charged the applicable booking fee. You further agree that if the relevant Professional’s cancellation policy requires you to pay some portion of the service fees related to the booking, you will be required to pay such fees.
VI. RELATIONSHIP BETWEEN US AND OUR USERS/PROFESSIONALS
Our Services are limited to hosting and making available the Platform which provides information about Professionals and facilitates relationships between Users and Professionals. We do not provide any professional services nor do we monitor or control the activities, services, or pricing of the Professionals listed on the Platform. We make no representations regarding, and are not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content or information uploaded, displayed, or distributed on the Platform, or products or services made available thereon. If you are a Professional and you choose to offer your services to our Users, or you are a User and choose to book the services of a Professional, you do so at your own risk. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, services or information, opinion or advice ordered or received from Professionals are solely between the User and such Professional. We do not endorse, sponsor, recommend any Professional on the Platform. Without limiting the foregoing, we make no representations or warranties regarding the services of any Professional on the Platform, including with respect to the quality of their services, the reasonableness of their rates, that they will be available for any scheduled times or that they are properly licensed or permitted. Users are solely responsible for determining the suitability of any Professional they may find through the Platform. We will not be a party to or in any way be responsible for monitoring any transaction between Users and Professionals. Any dispute between a User and a Professional shall be settled solely between the User and Professional.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS THOSE PERTAIN TO THE PLATFORM AND THE ACTS/OMISSIONS OF USERS AND PROFESSIONALS.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PARTNER OR AFFILIATE MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF GOODLOOKS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY PARNTER OR AFFILIATE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GOODLOOKS, LLC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GOODLOOKS, LLC IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT ANY LEGAL REMEDY, DAMAGE OR LIABILITY YOU SEEK TO OBTAIN RELATING TO YOUR INTERACTION BETWEEN YOU AND A PROFESSIONAL (IF YOU ARE A USER) OR BETWEEN YOU AND A USER (IF YOU ARE A PROFESSIONAL) WILL LIMITED SOLELY TO A CLAIM AGAINST THE PROFESSIONAL OR USER, AS APPLICABLE. YOU WAIVE THE RIGHT TO SEEK ANY REMEDY FROM OR TO IMPOSE ANY LIABILITY ON GOODLOOKS, LLC WITH RESPECT TO THE ACTS OR OMISSIONS OF OUR PROFESSIONALS OR USERS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
APPLICABLE LAW; JURISDICTION
Subject to Section X below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California Courts and agree not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to indemnify and hold GoodLooks, LLC, our subsidiaries, partners and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (i) any transaction or interaction between a User and a Professional; (ii) your use of the Services in violation of this Agreement, (iii) a breach of this Agreement including your representations and warranties set forth above and/or (iv) if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement is deemed accepted upon any use of any of the Services. 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 shall 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.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at email@example.com or contact us here.. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
THIRD PARTY MARKETPLACES
XVI. AGE OF USERS
We do not intend the Services to be used by minors under the age of 18. Furthermore, we do not market the Services for use by minors under the age of 18. If we learn that a user under the age of 18 has registered for an Account, that user’s Account may be terminated.
Please contact us at firstname.lastname@example.org or through our online form here with any questions regarding this Agreement.