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BROWSE, BOOK, PAY & RATE
LOOKING GOOD MADE SIMPLE

JOIN MOI NOW

BROWSE, BOOK, PAY & RATE
LOOKING GOOD MADE SIMPLE

APP TERMS AND CONDITIONS FOR USERS

 

Before you make a decision about whether to use our free booking system, and book any services on the platform please read these Terms of Use, which contains important information. The following terms and conditions constitute an agreement (the "Agreement") between you ("user" or "you") and MOI ("we", "us") and contain the complete terms and conditions that apply to your use of The Services provided by us through our URL: www.moitime.com and through our mobile application(s). By using the platform and/or by registering with us, you signify that you agree to these terms of use, including that you consent to the information practices disclosed in our Privacy Policy which is incorporated herein by reference, and that you consent to resolve in the State of New York any dispute that you may have with us, through the JAMS arbitration forum or the Platform or through New York Courts at our discretion. The Platform is offered "AS IS" and without warranties. If you are registering an account or using the Platform on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individuals’ or entity's behalf.

If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.motime.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

GUIDELINES FOR USAGE

MOI provides Services (The Services) to you that assist in the securing of beauty and grooming appointments at participating third party salons, freelancers, barbershops or spas. You generate an online request and we will determine availability of appointments at the time of your query. We will provide confirmation of your appointment via SMS and/or email. By using MOI’s Services, you agree to receive appointment confirmation, reminders, and review requests via SMS or email after the time at which an appointment is booked. You also authorize us to access your device’s GPS and contacts.

The Services are being offered to you for your personal use. You agree to use the Services only to book appointments with participating beauty providers including but not limited to freelance artist salon/ Barbershops and spas and then honor those appointments by arriving at the salon/ spa(s) on time and paying for the service upon receipt of that service through the MOI application. Resale or attempted resale of appointments is prohibited, and is grounds for, among other things, removal of your ability to book future appointments via MOI and liquidated damages to the benefit of MOI INC group. MOI expressly reserves all its rights and remedies under applicable state and federal law.

Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. MOI reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.

CONSUMER REGISTRATION

As part of the consumer registration process, you will provide an e-mail address and cell number and create a password, or will register by connecting your Facebook account to the Platform. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to SUPPORT@MOITIME.COM 

You are required to register with MOI in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form(s). Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

In order to register, you must provide certain personal information about yourself. You may voluntarily submit, and hereby authorize MOI, its employees, agents and others operating on its behalf, to use and/or disclose personal information about you, including, without limitation, your name, contact information, payment information and other information that is either requested by MOI or volunteered by you ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy here. Please review it carefully, as your use of the Platform constitutes your agreement to the Privacy Policy.

ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree and acknowledge that you may only create one account. You agree to immediately notify MOI of any unauthorized use of your password or account or any other breach of security.

MOI will not be liable for any loss or damage arising from your failure to comply with this Section.

CANCELLATION AND NO-SHOW POLICY

MOI is committed to providing superior quality services to its users and freelancers /salon/ barbershop. To assist us in maintaining a consistently high level of service with the participating freelancers/salon/barbershop and patrons, users are asked to cancel in advance any appointments that they will be unable to honor. Appointments can be canceled up to 24 hours prior to their allotted time. Appointments can be canceled in the “Appointments” section of the application, found under the main menu.

If you are unable to honor your appointment and you fail to cancel the appointment at least 24 hours in advance, MOI will send you an email letting you know that our records indicate that you were a no-show. You will be charged up to $50 or, if lower, the cost of the service (nonrefundable) as a no-show penalty unless if the appointment is not canceled in a timely manner. By using the Services, you agree to receive no-show confirmations by email after a salon/ spa and/or the MOI Platform reports your appointment was not honored, whether or not that was in fact the case. Be advised that MOI reserves the right to remove your ability to make further appointments via MOI if you no-show for three appointments within the same twelve-month period or for any other reason at the sole discretion of MOI. If you receive a no-show confirmation email in error, or wish to appeal the penalty due to exigent circumstances, please email us at support@moitime.com. All final no-show determinations will be made by MOI at its sole discretion.

 EMAIL/SMS POLICY

You may receive periodic emails or SMS messages from MOI. You acknowledge and agree to receive appointment confirmation emails/SMS, no-show confirmation emails/SMS, appointment change confirmation emails/SMS, appointment cancellation confirmation emails/SMS, promotional emails/SMS and other emails/SMS relating to appointments booked by you through the MOI Platform. In accordance with our Privacy Policy, we do not share any of your individual information with third parties without your prior consent.

AUTHORIZATION AND ACKNOWLEDGMENT; PROVIDER RELATIONSHIPS AND LISTS

In connection with using the Platform and the Services to locate and schedule appointments with salons and spas, you understand that:

  • YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN SERVICE PROVIDER. 
  • MOI selects Providers to be listed on the Platform pursuant to a contractual agreement with the Providers. 
  • In addition to signing a contract, Providers are only be responsible to pay MOI  percent commission on each paying customer booked through the MOI app. 
  • MOI will provide you with lists and/or profile previews of Providers who may be suitable to the services that you are seeking based on information that you provide to MOI (such as proximity to your geographical location, and details of the services you are seeking). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other MOI users, and past experience of MOI users with Providers); but MOI (i) does not make any representations or warranties with respect to these Providers or the quality of the services they provide, and (ii) does not receive any additional fees from Providers for featuring them through the Services. 
  • MOI uses reasonable efforts to ensure that Providers only participate in the Services if they have the certifications necessary to provide these services and who remain qualified to provide these services. MOI may also exclude Providers who, at MOI’s discretion, have engaged in inappropriate or unprofessional conduct. 

 

8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The materials and services provided for and depicted on the MOI Platform are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the MOI Platform ("MOI Content") is provided to you by MOI for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the MOI Content or any information, software, or services provided by MOI here-under. MOI Content may be modified from time to time by MOI in its sole discretion.

Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the MOI Content by users shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of MOI or its licensers in the Services or MOI Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of MOI or any third party is granted under this Agreement.

9. MOBILE SERVICES

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding MOI and other entities by SMS, MMS, text message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

10. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new Services will be included on the Platform, and the use of new Services will be governed by these Terms of Use. You agree that MOI will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

11. POSTED INFORMATION: REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

At MOI’s invitation, users may submit reviews, comments, and ratings and submit suggestions, ideas, comments, questions, or other information for publication and distribution to salon/ spas and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MOI reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.

It is important that you act responsibly when providing Posted Information. In providing feedback, you are required to give clear, honest information about the Provider and your experiences. You may not use inappropriate language or make gratuitous personal criticisms or comments. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.

If you do submit material, and unless we indicate otherwise, you grant MOI a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licenseable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause unjust injury to any person or entity; and that you will indemnify MOI for all claims resulting from content you supply. MOI has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by MOI in its sole discretion. MOI takes no responsibility and assumes no liability for any content submitted by you or any third party.

We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information.

Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

You are solely responsible for any Posted Information that you submit, publish or display on the Platform or transmit to other members and/or other users of the Platform. 

  • 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. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party. 
  • You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by MOI. 
  • You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity. 
  • You understand and agree that MOI may (but is not obligated to) review and delete any Posted Information that in the sole judgment of MOI violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Platform and/or other website users. 
  • You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information. 
  • By contributing Posted Information to the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MOI, its contractors, and the users of the Platform an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that MOI shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other MOI users for purposes of constructing or populating a searchable database of reviews and information related to the beauty industry. 
  • The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. MOI reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform. You may not post content that: 

 

  • is false or intentionally misleading; 
  • harasses or advocates harassment of another person; 
  • involves the transmission of unsolicited mass mailing or "spamming" 
  • violates the intellectual property or other rights of any person 
  • is threatening, obscene, defamatory or libelous; or 
  • is pornographic or sexually explicit in nature. 

12. YOUR RESPONSIBILITIES

Much of the information on the MOI Platform is updated on a real time basis and is proprietary or licensed to MOI by its salon/ spas or third parties. You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services; 
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services; 
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform and/or the Services; 
  • access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the beauty industry or Providers; 
  • reformat or frame any portion of the web pages that are part of the Platform and/or the Services; 
  • fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping; 
  • create user accounts by automated means or under false or fraudulent pretenses; 
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or 
  • use any means, including software means, to conduct web scraping of any portion of the Platform, its content or materials and/or the Services interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 
  • violate any applicable local, state, national or international law, or any regulations having the force of law; 
  • solicit personal information from anyone under the age of 18; 
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. 

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

14. REFERRALS

The Service may offer invitation/referral codes that are meant for sharing among friends and may become invalid if publicly posted via third party websites or otherwise. An invitation/referral code may be used by one user only and MOI reserves the right to suspend your account and/or revoke any and all invitation/referral credits at any time if MOI feels they were earned inappropriately.

15. APPLE-ENABLED SOFTWARE APPLICATIONS

MOI offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Company and you acknowledge that these Terms of Service are concluded between MOI and you only, and not with Apple, and that as between MOI and Apple, MOI, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. 
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. 
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. 
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. 
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be MOI’s sole responsibility, to the extent it cannot be disclaimed under applicable law. 
  • MOI and you acknowledge that MOI, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between MOI and Apple, MOI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to MOI as follows  SUPPORT@MOITIME.COM 

MOI and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.

17. INDEMNITY AND RELEASE

You agree to release, indemnify and hold MOI and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

18. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform and/or the Services; what content you access via the Platform and/or the Services; what effects the content on the Platform and/or the Services may have on you; how you may interpret or use the content on the Platform and/or the Services; or what actions you may take as a result of having been exposed to the content on the Platform and/or the Services. You release us from all liability for you having acquired or not acquired content through the Platform and/or the Services. The Platform and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Platform and/or the Services.

WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MOI MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MOI DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEM

19. SOCIAL NETWORKING SITES

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook, LinkedIn, Google + or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and MOI’s use, storage and disclosure of information related to you and your use of such services within MOI (including your friend lists and the like), please see our Privacy Policy at www.moitime.com/privacy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and MOI shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, MOI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, MOI is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. MOI enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

20. SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

21. ENTIRE AGREEMENT

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Platform, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MOI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. NO ASSIGNMENT

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

23. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Platform by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. MOI shall not be liable to you or any third party for any termination of your access to the Platform and/or the Services. Further, you agree not to attempt to use the Platform and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). Any credits cash rewards or other gifts not used at the time maybe at our discretion voided, and rescinded as they are a Company courtesy and not a right.

MOI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MOI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MOI will not be liable to you or any third party for any termination of your access to the Service.

24. ELIGIBILITY

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Platform and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Platform or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Platform or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Platform or Services on behalf of such minor child. By using the Platform or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Platform or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Platform is revoked in such jurisdictions. By using the Platform and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Platform is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Platform.

25. WAIVER

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

26. ARBITRATION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

All controversies, disputes, demands, counts, claims, or causes of action between MOI and You, including disputes arising out of, under, or related in any way to the Terms of Use, the MOI Platform or the validity of this Terms of Use, shall exclusively be settled through binding arbitration or in New York Courts at the sole discretion of MOI and its affiliates or subsidiaries. The place of litigation or arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the JAMS mediators and arbitrators services (“JAMS”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the JAMS’s Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and MOI must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and MOI, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR MOI MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, MOI 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 as compared to the cost of litigation, (g) MOI also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or MOI shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/MOI customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, 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, either subpart (d) or (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 MOI shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event JAMS refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between MOI and YOU shall be exclusively brought in the state or federal courts located in New York City, New York. However, MOI may decide to move to the Courts rather than arbitrate, the prevailing party shall get its reasonable attorneys fee reimbursed.

For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may go to : https://www.jamsadr.com/  or call: 800.352.5267

 

27. CHOICE OF LAW AND DISPUTE RESOLUTION

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

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

28. ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Platform and/or registering for the Platform or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

29. CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the MOI Platform; we may also attempt to notify you in some other way though are no obligated to do so. Your continued use of the Platform and/or the Services following shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Platform.

30. GENERAL

These Terms of Service constitute the entire agreement between you and MOI and govern your use of the Service, superseding any prior agreements between you and MOI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MOI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of MOI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of MOI, but MOI may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service

GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL MOI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE MOI SITE OR THE MOI CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE MOI PLATFORM FOR APPOINTMENTS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY FREELANCERS/SALONS/ BARBERSHOPS/SPAS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE MOI PLATFORM BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE MOI PLATFORM OR THE MOI CONTENT. MOI IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON/ SPA IN WHICH A USER HAS MADE AN APPOINTMENT. ASIDE FROM THE SERVICES PROVIDED ON THE MOI PLATFORM. MOI IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED FREELANCER/SALON/ BARBERSHOP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

31. LOYALTY PROGRAM  

From the first date you receive your loyalty cash reward you have 6 months to use it and redeem those cash reward with your provider or general services as they convert to. All cash points are non-transferrable and can only be used by the person who earned them. Any unused points will not rollover after the 6 months period and will be null and voided automatically.

 

32. CUSTOMER REFERRAL PROGRAM

From the first date you receive your customer referral cash credit you have 3 months to redeem it with the provider to which it pertains. All cash credits are non-transferable and can only be used by the person who earned them. Any unused credits will not rollover after the 3 months.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.

MOI

Terms of Use and Conditions For Providers.

Barbershops, Salons/Spas and Freelance Artists

BINDING AGREEMENT

Before you make a decision about whether to use the MOI app and booking system, and accept any bookings on the platform please read these Terms of Use, which contains important information. The following terms and conditions constitute an agreement (the "Agreement") between the Barbershops, Salons/Spas, which is you (the "Provider" or "you") and MOI ("we", "us" or the “Platform”) and contain the complete terms and conditions that apply to your use of The Services provided by Us through the URL: www.moitime.com and through our mobile application(s). By using the platform and/or by registering with us, you signify that you agree to these terms of use, including that you consent to the information practices disclosed in our Privacy Policy which is incorporated herein by reference, and that you consent to resolve in the State of New York any dispute that you may have with us, through the New York Court systems. The Platform is offered "AS IS" and without warranties. If you are registering an account or using the Platform on behalf of an individual freelancer, a salon, a spa or a barbershop any Provider or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individuals’ or entity's behalf.

If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.motime.co/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

 GUIDELINES FOR USAGE

MOI provides Services (The Services) to you that assist in the securing of new and recurring grooming appointments from individual users of the MOI app. You will receive in app requests and we will determine availability of appointments at the time of the query. For “Next Available” (meaning within the next 12 hours inclusive only of opening hours), the system shall request a real time response from you within 1.5 minutes. The request will allow the Provider to accept, decline or provide an alternate availability for the same day. For “Book In Advance” the Providers uploaded a weekly or monthly calendar upfront and a booking will be deemed secure automatically. Changes or cancellations can be made by user or provider up to 24 hours in advance. Up to 10 slot per hour shall be available at the discretion of the Providers unless they are a freelance artists.

We will provide confirmation of your appointment via SMS and/or email. By using MOI’s Services, you agree to receive appointment confirmation, reminders, and review requests via SMS or email after the time at which an appointment is booked. All Data and information is the sole proprietorship of MOI and all pictures uploaded by the Providers or MOI are authorized and may be used at will by MOI for all its needs including marketing.

The Services are being offered to you for business uses. You agree to use the Services only to receive bookings and ratings, as well as to receive exposure to participating users and agree not to leverage an existing user away from the app to an external booking mechanism. This will be deemed tortious interference liable of liquidated damages. You also commit to honor appointments on time.  

Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. MOI reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.

RATES and PAYMENTS

You agree to ensure the rates in the application will be equal or lower than the rates available with Providers on location. If the rates on location are found to be lower or more favorable than those listed in the app, MOI may immediately remove your ability to secure bookings via MOI. MOI may also pursue punitive damages. MOI expressly reserves all its rights and remedies under applicable state and federal law. You agree and acknowledge that MOI is entitled to a 15% commission on each booking, unless you have agreed and signed an exclusive agreement for 5 years whereby the commission is 10%.

You confirm you are a 1099 independent contractor or service Provider and not an employee or related party to MOI and shall indemnify MOI from any law suit dispute associated with your services and hold us harmless and indemnified. You agree to make your insurance carrier aware that you are using the services and will seek out indemnification for MOI in the event of litigation arising from Provider malpractice or negligence.

 CONSUMER REGISTRATION

As part of the consumer registration process, you will provide an e-mail address and create a password, have access to your customized backend, services prices and discounts, and showcase your profile. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else as a Provider we also may provide you with beneficial consulting services in your industry at preferred rates. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to SUPPORT@MOITIME.COM 

You are required to register with MOI in order to access and use certain features of the Service. If you choose to register for the Services as a Provider, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form(s). Registration data and certain other information about you are governed by our Privacy Policy. You hereby ascertain that you are a legal business duly authorized to operate in the state of operation, that you are duly licensed to provide all the services listed and that you will hold harmless and indemnify MOI, its affiliates and subsidiaries and assigns exempt of any liability due to your own negligence or else. In order to register, you must provide certain personal and/or business information about yourself. You may voluntarily submit, and hereby authorize MOI, its employees, agents and others operating on its behalf, to use and/or disclose personal information about you, including, without limitation, your business name, mangers’ name, contact information, payment information, received and owed (pending payments and received payments per Provider,  other information that is either requested by MOI or volunteered by you ("Business Information") in order to provide the Services to you, in accordance with our Privacy Policy here. Please review it carefully, as your use of the Platform constitutes your agreement to the Privacy Policy.

ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree and acknowledge that you may only create one account. You agree to immediately notify MOI of any unauthorized use of your password or account or any other breach of security.

MOI will not be liable for any loss or damage arising from your failure to comply with this Section.

CANCELLATION AND NO-SHOW POLICY

MOI is committed to providing superior quality services to its Providers and users. To assist us in maintaining a consistently high level of service with the participating users, Providers and users are asked to cancel 24 hours in advance of any appointments that they will be unable to honor. Appointments can be canceled by editing their slot on the provider in app calendar.  

If you are unable to honor your appointment and you fail to cancel the appointment in advance, MOI will send you an email letting you know that our records indicate that you were unable to provide the booked service and ask for reasons. Users failing to show for appointments without a legit cause will be charged $50 as a no-show penalty, unless the service booked cost less and if so then that price will be the penalty. Such fee will go to the Providers minus our 15% commission. By using the Services, you agree to receive no-show confirmations by email and SMS message. In case of a no-show, Providers can use the app to notify MOI by accessing appointment options on the calendar within 30 minutes from the time of the appointment. Be advised that MOI reserves the right to remove your ability to make further secure appointments via MOI if you do not provide the service appointments at its sole discretion. If you receive a no-show confirmation email in error, please email us at support@moitime.com or call us at (646) 780-8730 to rectify. All final cancellation or failure to service by Provider determinations will be made by MOI in its sole discretion.

 EMAIL/SMS POLICY

You may receive periodic emails or SMS messages from MOI. You agree to receive appointment confirmation emails/SMS, cancellation confirmation emails/SMS, appointment change confirmation emails/SMS, appointment cancellation confirmation emails/SMS and other emails/SMS relating to appointments booked by you through the MOI Platform. In accordance with our Privacy Policy, we do not share any of your individual information with third parties without your prior consent.

 AUTHORIZATION AND ACKNOWLEDGEMENT; PROVIDER RELATIONSHIPS AND LISTS

In connection with using the Platform and the Services to locate and schedule appointments you understand that:

  • YOU ARE ULTIMATELY RESPONSIBLE FOR ACCEPTING YOUR APPOITNEMENTS and THE SERVICES YOU PROVIDE.
  • MOI selects Providers to be listed on the Platform pursuant to this contractual Agreement with the Providers.
  • Providers owe no fee to MOI in order to appear on the Platform. You as a Provider will only be responsible to pay a 10-15% percent gross commission on each paying customer booked through the MOI app.
  • Based on information that you provided to MOI (such as portfolio, business info, location, rates, and details of the services you provide) MOI will allow customers to locate you, but MOI (i) does not make any representations or warranties with respect to these users, and (ii) does not receive any additional fees from users for the Services.
  • All payments are to be conducted through MOI ACH or wire at the Providers’ choice and cost. Payment is instantaneous and is made available as soon as it is collected or is technically feasible.
  • MOI uses reasonable efforts to ensure that Providers only participate in the Services if they have the certifications necessary to provide these services and that they remain qualified to provide these services. MOI may also exclude Providers who, at MOI’s discretion, have engaged in inappropriate or unprofessional conduct. All Providers hereby confirm that they are qualified and authorized to provide the services they have listed.

8. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER

The materials and services provided for and depicted on the MOI Platform are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the MOI Platform ("MOI Content") is provided to you by MOI for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the MOI Content or any information, software, or services provided by MOI hereunder. MOI Content may be modified from time to time by MOI in its sole discretion.

Except as expressly set forth herein, no license is granted to Provider for any other purpose, and any other use of the Services or the MOI Content by users shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of MOI or its licensors in the Services or MOI Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of MOI or any third party is granted under this Agreement.

9. MOBILE SERVICES

The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device and (iii) a web based back end with the ability to see pending and past payment as well as bookings (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding MOI and other entities by SMS, MMS, text message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

10. CHANGES TO THE SERVICES

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new Services will be included on the Platform, and the use of new Services will be governed by these Terms of Use. You agree that MOI will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

11. POSTED INFORMATION: REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

At MOI’s invitation, users may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Provider and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. MOI reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content. As a Provider you may not post misleading information or self-promoting reviews by yourself but can ask your

Comments’ users may not use inappropriate language or make gratuitous personal criticisms or comments. MOI has a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media.

As a Provider you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause unjust injury to any person or entity; and that you will indemnify MOI for all claims resulting from content you supply. MOI has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by MOI in its sole discretion. MOI takes no responsibility and assumes no liability for any content submitted by you or any third party.

We reserve the right to publish Posted Information as part of the Service and to also remove any Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information.

Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:

  • Users are solely responsible for any Posted Information that were submit, publish or display on the Platform or transmit to other members and/or other users of the Platform.
  • Users 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 such as the Provider. Users nor the Provider may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by MOI.
  • You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that MOI may (but is not obligated to) review and delete any Posted Information that in the sole judgment of MOI violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Platform and/or other website users.
  • As a Provider  you agree to and hereby do grant, and you represent and warrant that you have the right to grant, MOI, its contractors, and the users of the Platform an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute any such Posted Information and your uploaded images showcasing the Provider and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that MOI shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other MOI users for purposes of constructing or populating a searchable database of reviews and information related to the beauty grooming industry.
  • The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. MOI reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform. You may not post content that:

  • is false or intentionally misleading;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or "spamming"
  • violates the intellectual property or other rights of any person
  • is threatening, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

12. YOUR RESPONSIBILITIES

Much of the information on the MOI Platform is updated on a real time basis and is proprietary or licensed to MOI by its Providers or third parties. You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials and business information and licensing’s or certifications. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform and/or the Services;
  • access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers;
  • reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
  • fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
  • use any means, including software means, to conduct web scraping of any portion of the Platform, its content or materials and/or the Services interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • solicit personal information from anyone under the age of 18;
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

14. REFERRALS

The Service may offer invitation/referral codes that are meant for sharing among friends and may become invalid if publicly posted via third party websites or otherwise. An invitation/referral code may be used by one user only and MOI reserves the right to suspend your account and/or revoke any and all invitation/referral credits at any time if MOI feels they were earned inappropriately.

15. APPLE-ENABLED SOFTWARE APPLICATIONS

MOI offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • MOI and you acknowledge that these Terms of Service are concluded between MOI and you only, and not with Apple, and that as between MOI and Apple, MOI, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be MOI’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • MOI and you acknowledge that MOI, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between MOI and Apple, MOI, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to MOI as follows  SUPPORT@MOITIME.COM 

Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.

17. INDEMNITY AND RELEASE

You agree to release, indemnify and hold MOI and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

18. DISCLAIMER OF WARRANTIES

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform and/or the Services; what content you access via the Platform and/or the Services; what effects the content on the Platform and/or the Services may have on you; how you may interpret or use the content on the Platform and/or the Services; or what actions you may take as a result of having been exposed to the content on the Platform and/or the Services. You release us from all liability for you having acquired or not acquired content through the Platform and/or the Services. The Platform and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Platform and/or the Services.

WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MOI MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MOI DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEM

19. SOCIAL NETWORKING SITES

You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook, LinkedIn, Google + or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company’s use, storage and disclosure of information related to you and your use of such services within Company (including your friend lists and the like), please see our Privacy Policy at www.MOI.co/privacy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

20. SEVERABILITY

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

21. ENTIRE AGREEMENT

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Platform, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MOI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22. NO ASSIGNMENT

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void. However, if you open an affiliate Provider you may create a new account with MOI and in the event that the reduced commissions applied to your first affiliated entity and preceding entities shall benefit from the same privileges

23. TERMINATION

We may terminate and/or suspend your registration immediately, with a 10 business days written notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Platform by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. MOI shall not be liable to you or any third party for any termination of your access to the Platform and/or the Services. Further, you agree not to attempt to use the Platform and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register).

MOI may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that MOI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MOI will not be liable to you or any third party for any termination of your access to the Service.

24. ELIGIBILITY

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Platform and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Platform or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Platform or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Platform or Services on behalf of such minor child. By using the Platform or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Platform or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Platform is revoked in such jurisdictions. By using the Platform and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Platform is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Platform.

25. WAIVER

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

26. NEW YORK COURTS DISPUTE RESOLUTION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

All controversies, disputes, demands, counts, claims, or causes of action between MOI and You, including disputes arising out of, under, or related in any way to the Terms of Use, the MOI Platform or the validity of this Terms of Use, shall exclusively be settled through binding arbitration. The place of arbitration shall be New York, New York. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved.

The litigation shall be conducted before one commercial judge with substantial experience in resolving commercial contract disputes with the New York State or Federal Court Commercial Division after a 4 hours JAMS mediator’s services have been exhausted (“JAMS”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the mediation will be governed by the JAMS’s Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

Your rights will be determined by a judge.

ANY CLAIMS BROUGHT BY YOU OR MOI MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL or BUSINESS CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING

27. CHOICE OF LAW AND DISPUTE RESOLUTION

The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of New York, and New York COUNTY. These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

28. ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this Platform and/or registering for the Platform or the Services constitutes your electronic signature to these Terms of Use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

29. CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the MOI Platform; we may also attempt to notify you in some other way though are no obligated to do so. Your continued use of the Platform and/or the Services following shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Platform.

30. GENERAL

These Terms of Service constitute the entire agreement between you and MOI and govern your use of the Service, superseding any prior agreements between you and MOI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and MOI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of MOI to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of MOI, but MOI may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service

GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL MOI BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE MOI SITE OR THE MOI CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE MOI PLATFORM FOR APPOINTMENTS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY FREELANCERS/SALONS/ BARBERSHOPS/SPAS IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE MOI PLATFORM BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE MOI PLATFORM OR THE MOI CONTENT. MOI IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON/ SPA IN WHICH A USER HAS MADE AN APPOINTMENT. ASIDE FROM THE SERVICES PROVIDED ON THE MOI PLATFORM. MOI IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED FREELANCER/SALON/ BARBERSHOP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.

You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.

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