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Terms and Conditions

Book Me Baby LLC., operates a membership bulletin board service for licensed professional cosmetologists to market their services, create networking opportunities, and to provide a convenient forum for customers to book appointments.

By using the BookMeBaby.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member") or are just visiting the site. If you wish to become a Member and communicate with other Members and make use of the BookMeBaby.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by submitting the registration form.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by BookMeBaby.com from time to time, such modifications to be effective upon posting by BookMeBaby.com on the Website. This Agreement includes BookMeBaby.com‘s Acceptable Use Policy for Content Posted on the Website, BookMeBaby.com’s Privacy Policy, and any notices regarding the Website.

We invite our subscribers to enjoy all the features this site has to offer. However, we require that each subscriber abide by the Terms and Conditions along with any amendments thereto that BookMeBaby.com establishes at their sole discretion and in accordance with their established procedures. Failure to abide by these rules will result in immediate termination of access to this site, without refund or recourse.

1. General Terms of Use

    1. The sharing of logon passwords and user-names is prohibited. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
    1. Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright. See below for more specific rules regarding material posted on this website.
    1. When making a posting you are solely responsible for it and agree that you have all rights of ownership to the content of the posting. If initiating contact with members regarding a posting, BookMeBaby.com is not involved in the transaction and you are solely responsible for the statements, promises or transactions you post. BookMeBaby.com does not offer or provide any support during the transaction. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
    1. Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
    1. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
    1. Please avoid shouting (using all capital letters) in the discussion forums.
    1. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, to harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. Such behavior will result in immediate termination of access to this site, without refund or recourse.

2. Eligibility. You must be eighteen (18) years of age or over to register as a member of BookMeBaby.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and promise to abide by all of the terms and conditions of this Agreement.

3. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the “resign pages” in Account Settings, or upon receipt by BookMeBaby.com of your written or email notice of termination.

4. Discretion. BookMeBaby.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the BookMeBaby.com Services at any time, for any or no reason whatsoever, with or without prior notice or explanation, and without liability. BookMeBaby.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the BookMeBaby.com Services if BookMeBaby.com determines, in its sole discretion that you have violated this Agreement or pose a threat to BookMeBaby.com and/or its Users.

5. Termination of Membership. BookMeBaby.com may terminate your membership for any reason, effective upon sending notice to your e-mail address provided or maintained in your application for membership in BookMeBaby.com. If termination of your membership occurs because you violated any provision or portion of this Agreement in the sole discretion of BookMeBaby.com, you are not entitled to any refund of unused subscription fees. After termination of membership, the provisions regarding licensure, use, and display of content posted by you and by BookMeBaby.com continue to be governed by this agreement.

6. Rights in Content.

    1. BookMeBaby.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the BookMeBaby.com Services. After posting your Content to the BookMeBaby.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the BookMeBaby.com Services, you hereby grant to BookMeBaby.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the BookMeBaby.com Services, including without limitation distributing part or all of the BookMeBaby.com Website in any media formats and through any media channels. This license is an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
    1. You represent and warrant that: (i) you own the Content posted by you on or through the BookMeBaby.com Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the BookMeBaby.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the BookMeBaby.com Services. Additionally, you agree to indemnify BookMeBaby.com in any action brought pursuant to your posting of content on BookMeBaby.com.
    1. The BookMeBaby.com Services contain Content of BookMeBaby.com. BookMeBaby.com Content is protected by copyright, trademark, patent, trade secret and other laws, and BookMeBaby.com owns and retains all rights in the BookMeBaby.com Content and the BookMeBaby.com Services. BookMeBaby.com hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the BookMeBaby.com Content (excluding any software code) solely for your personal use in connection with viewing the BookMeBaby.com Website and using the BookMeBaby.com Services.
    1. The BookMeBaby.com Services contain Content of Users and other BookMeBaby.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BookMeBaby.com Services.
    1. You are solely responsible for the Content that you post on or through any of the BookMeBaby.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.

7. Contents or Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the BookMeBaby.com Services. BookMeBaby.com reserves the right to investigate and take appropriate legal action against anyone who, in BookMeBaby.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the BookMeBaby.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BookMeBaby.com:

    1. is patently offensive and or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    1. harasses or advocates harassment of another person;
    1. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    1. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    1. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    1. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    1. contains nudity;
    1. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    1. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and / or,
    1. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

AT ALL TIMES, YOU MUST USE THE SERVICE IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS.

You agree that BookMeBaby.com cannot monitor the conduct of its Members off the Website. Notwithstanding this fact, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

8. Responsibility & Disclaimer. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service.

    1. You understand that BookMeBaby.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
    1. Furthermore, the BookMeBaby.com site and Content available through the Service may contain links to other websites, which are completely independent of BookMeBaby.com. BookMeBaby.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site or this site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content taken from this site or some other third party website.
    1. BookMeBaby.com is not liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the BookMeBaby.com Service. You acknowledge that BookMeBaby.com has no duty to pre-screen or approve Content and that it is presented “AS-IS” with NO WARRANTY EXPRESSED OR IMPLIED by the user posting that Content.
    1. Again, BookMeBaby.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Agreement.

9. Third Party Content, Sites, And Services

    1. The BookMeBaby.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BookMeBaby.com, including, but not limited to, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
    1. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
    1. You agree that BookMeBaby.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BookMeBaby.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BookMeBaby.com, its officers, employees, agents and successors in rights from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

10. Protection of Intellectual Property. BookMeBaby.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. BookMeBaby.com has the right to terminate the Membership of infringers. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Website;
    • your address, telephone number, and email address;
    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. Copyright and Trademark Law. All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.

12. Subscription(s). BookMeBaby.com reserves the right to offer free membership to any person or person(s) of their choice at any given time, for any duration, while charging other members, at the same time. BookMeBaby.com also reserves the right, at their sole discretion, to cancel the FREE trial period at any time, for all or any of its members.

13. Member Disputes. You are solely responsible for your interactions with other BookMeBaby.com Members. BookMeBaby.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

14. Service. BookMeBaby.com provides no express or implied warranty or guarantee to either their paid or free membership holders, that the website will be fully operational ALL the time. Members may face significant service disturbances. Only in the event that BookMeBaby.com is offline for a period of more than 72 hours, will a pro-rated refund be given. BookMeBaby.com OFFERS NO TECHNICAL SUPPORT. We will offer ASSISTANCE for services/features related to the website.

15. Disclaimers.

      15.1. BookMeBaby.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.

      15.2. BookMeBaby.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.

      15.3. BookMeBaby.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

      15.4. BookMeBaby.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.

      15.5. Under no circumstances will BookMeBaby.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.

      15.6. The Website and the Service are provided "AS-IS" and BookMeBaby.com expressly disclaims any expressed or implied warranty along with any warranty of fitness for a particular purpose or warranty of non-infringement.

      15.7. BookMeBaby.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

16. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BOOKMEBABY.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF BOOKMEBABY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOKMEBABY.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOOKMEBABY.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

17. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Nevada.

19. Indemnity. You agree to indemnify and hold BookMeBaby.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

20. Integration and Severability. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BookMeBaby.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

21. Arbitration.

      21.1. Generally. If a dispute regarding this Agreement arises between/among the parties, the dispute shall be submitted to final and binding arbitration at the demand of either party in Las Vegas, Nevada. Users waive all rights and claims related to subject matter and personal jurisdiction, as well as venue in Las Vegas. Arbitration shall be pursuant to the then current commercial rules of the American Arbitration Association (“AAA”). Arbitration shall be in Las Vegas, Nevada before a single neutral arbitrator from AAA’s panel pursuant to the rules of AAA. Any arbitrator selected to serve shall be qualified by training and experience for the matters arbitrated.

THE PARTIES ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO JURY TRIAL; PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS; AND THE ARBITRATORS’ AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED BY LAW.

      21.2. Attorney’s Fess and Costs. The losing party or parties shall pay costs, including reasonable attorney’s fees, of the arbitration. The arbitrator shall specify the “prevailing party” in his award. The award findings of the arbitration shall be conclusive and binding upon the parties and in such form that judgment may be entered thereon in any court having jurisdiction over the parties. If any party is required to institute legal action to enforce the arbitrator’s judgment, that party shall be entitled to reasonably attorney’s fees and costs as fixed by the court. If any proceeding hereunder embraces more than one dispute and one party is the prevailing party with respect to one but not all disputes, the arbitrator or court shall apportion the costs and expenses and reasonably attorney’s fees incurred by the parties to the separate disputes, and hereby equitably determine the amount to be borne by each party.

      21.3. Governing Law and Equitable Relief: This Agreement shall be governed and construed in accordance with the laws of the State of Nevada without regard to its choice of law provisions, and Federal intellectual property law shall apply to the determination of any claim and award, if any, except for claims arising solely under federal law. Users agree that in the event of any breach or threatened breach by Users, BookMeBaby.com may obtain, in addition to any other legal remedies that may be available, such equitable relief as may be necessary to protect the Website against any such breach or threatened breach.

      21.4. Remedies Cumulative. The remedies under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.

Limitation of Liability

THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THIS SITE’S FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS.

ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OR PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.

I have read this agreement and agree to all of the provisions contained above. Performing the act requested to acknowledge acceptance of this agreement constitutes your electronic signature and binds you to the terms and conditions contained herein. Accordingly, review this contract carefully and obtain legal counsel should you have any questions.

Addendum regarding beta and extended trial period