The Nine Link's mobile and internet-based services, as well as its business tools, are governed by
these Terms of Service (the "Terms of Use"). The Company's Privacy Policy, as well as any
community guidelines or dispute resolution procedures that the Company may provide or make
available, are all considered part of these Terms of Service and are incorporated into them in
their entirety by reference. All policies, guidelines, programmes, schedules, and processes
integrated into these Terms of Service are referred to as "incorporated policies, guidelines,
programmes, schedules, and procedures." If there is a conflict between these Terms of Service
and any other terms posted on the Website, the terms of these Terms of Service will take
precedence, and if there is a conflict between these Terms of Service and the End User License
Agreement for mobile applications (the "EULA"), the terms of the EULA will take precedence.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT
BETWEEN Nine Link AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR
USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO
ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR
REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO
ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE
SERVICES.
You represent and warrant to Nine Link that you have full capacity and permission to accept these
Terms of Service and use the Services on behalf of a company, organisation, government, or
other legal body.
Copyright laws and international copyright treaties, as well as other intellectual property laws and
treaties, protect the Services. Unauthorized copying or dissemination of the Services, in whole or
in part, may result in serious civil and criminal consequences, and may be punished to the fullest
degree allowed by law. The Services are not sold, but rather licenced.
The Nine Link Services
Nine Link is a platform that links clients seeking hair and grooming services ("Grooming Services")
with the best barbers (collectively or individually, "Professionals") ("Clients" or "you").
Professionals and Clients are both users of Nine Link's services, and they are referred to as
"Users" in this document.
Nine Link is only a platform for Professionals and Clients to connect, and it only serves as a
conduit for the delivery of Grooming Services. Grooming Services are neither provided or
contracted by Nine Link, and Professionals and Clients contract separately for Grooming Services.
Each Client is solely responsible for selecting the Professional, the Grooming Services to be
given, and the place where the Grooming Services will be done, whether on the Professional's
premises or at the Client's selected location. Any decision by a Client to obtain grooming
services or by a Professional to provide grooming services is made at their own risk and in their
alone discretion. All Users understand and agree that I the Company does not conduct
background checks on Clients and (ii) providing Services in a private place necessarily raises the
risks for both Clients and the Company.
Nine Link has no control over the quality, suitability, reliability, timing, durability, legality, failure
to supply, or any other part of any Grooming Services offered by Professionals. Nine Link
does not routinely screen its Users, investigate their backgrounds, or attempt to verify
information provided by any User.
Nine Link may, but is not obligated to, check Professionals' backgrounds and experience
through third-party background check services and first-party interviews. Background checks
include but are not limited to identity verification and a comprehensive criminal background
check. Nine Link takes no responsibility for the accuracy or reliability of this or any other
information obtained through the Services.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU
HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY
LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL
NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH
YOUR USE OF THE SERVICES.
Some Professionals may require you to enter credit card or other payment information in
connection with certain services, such as Grooming Services, for which reservations are made
available on the Services, and such Professionals may charge fees for reservations, including
cancelled and missed appointments. Professionals may only do so in accordance with any
policies listed on that Professional's Nine Link page at the time of your booking. You enable
Nine Link and its payment processors to charge and process the fees and charges assessed in
connection with your reservations in line with the policy specified on the Professional's Nine Link
page at the time of your booking by giving your payment information when prompted. Nine Link
makes reasonable attempts to ensure secure transmission of your information to third parties
who assess and process payments, but it is not liable for any fees or charges imposed by third
parties.
If you cancel or fail to show up for an appointment, your credit card may be charged in line with
the Professional's cancellation policy, which is displayed on the Professional's Nine Link page at
the time of your booking. Nine Link supports the payment transaction between you and each
Professional in accordance with these Terms, but it is not responsible for resolving any resulting
issues. Nine Link is under no obligation to offer refunds or credits, but may do so in exceptional
circumstances, as a consequence of particular refund guarantee promotions, or to address any
Nine Link errors, at its sole discretion.
Nine Link cannot guarantee availability of the Services to any User. Nine Link reserves the right to
remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or
hide the entire profile itself at any time.
Fees and Payment
Fees
The Subscription Fees are specified (a) above, (b) online, and/or (c) in a separate negotiated or
accepted Subscription agreement between you and Nine Link.
You agree to pay Nine Link the Subscription Fees, as well as any other fees that you may consent
to. Except as expressly stipulated in these Terms of Service, all fees are non-refundable and
non-transferable. Fees must be paid in advance of each billing term unless otherwise noted.
Each Professional authorises us to verify that the credit card account or other payment method
associated with their Account and used in connection with the Services is in good standing with a
financial institution and will remain in good standing with the financial institution for the duration
of the Professional's use of the Services. Each Professional enables us to obtain credit reports or
conduct other background checks on them from time to time in order to determine their eligibility
to continue using the Services. Everything is in order.
Billing Cycle
Your Subscription starts on the date that you sign up for a Subscription and submit payment.
Unless otherwise communicated to you at the time of sign up, each Subscription cycle is onemonth in length ("Subscription Period"), and will automatically renew on a monthly basis until we
or you terminate the Subscription, or you notify us via the Services or by email
Subscription Pricing
We reserve the right to adjust pricing for the Subscription Services at any time upon fourteen (14)
days prior notice. Unless we expressly communicate otherwise, any price change to your
membership will take effect on your next billing cycle. You must agree to the change in fees to
continue to use the Services. To withdraw your consent, you will need to cancel your account by
logging into your account through the subscription portal and following the cancellation
procedures there, or notifying us.
Trials
Nine Link may, from time to time, offer trial memberships which include free or discounted access
to the Subscription during the designated trial period. Each trial membership will automatically
convert to a regular monthly subscription if the subscription is activated by placing a credit card
or other payment method on file. unless cancelled no more than forty-eight (48) hours prior to the
end of your trial period. To cancel your subscription, logon to your account through the
subscription portal and follow the cancellation procedures indicated there, or email us.
Subscription Cancellation
You may terminate your Subscription at any time. If you cancel with more than forty-eight (48)
hours’ notice prior to your next billing cycle, you will not be charged for the next month of the
Subscription Service. If you have any questions about your individual billing cycle, please log
onto your account to view your billing cycle details, or contact us.
You will not be eligible for a prorated refund or any portion of the Subscription Fees paid for the
then-current monthly subscription cycle. Following cancellation, you will continue to have access
to the Subscription Services through the end of your current billing cycle.
Accounts
Account Registration
By creating an account with Nine Link (an "Account"), you are granted a right to use the Services
provided by Nine Link subject to the restrictions set forth in these Terms of Service and any other
restrictions stipulated to you by us in writing. Our registration process will ask you for information
including your name and other personal information, and in registering for an Account, you agree
to provide true, accurate, current and complete information about yourself as prompted by the
Services' registration process and as requested from time to time by theCut (such information,
"Registration Data"). You further agree that, in providing such Registration Data, you will not
knowingly omit or misrepresent any material facts or information and that you will promptly enter
corrected or updated Registration Data via the Services or otherwise advise us promptly in
writing of any changes or updates to your Registration Data. You further consent and authorize
us to verify your Registration Data as required for your use of and access to the Services. We
reserve the right to suspend or terminate the Account of any User who provides inaccurate,
untrue, or incomplete information, or who fails to comply with the account registration
requirements.
Account ID
Once you register for the Services, you shall receive a unique user identification and password in
connection with your Account (collectively referred to herein as "Account IDs"). You must use
your true and accurate name when signing up for an Account. You are required to select an
appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a
reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim
any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or
confusing or potentially violates the rights of a third party (such as when a trademark owner
provides notice that an Account ID is similar to the trademark and the Account ID does not
closely relate to the User's actual name or trademark rights).
Your Account
You agree to maintain your Account solely for your own use. You agree that you will not allow
another person to use your Account IDs to access or use the Services under any circumstances.
You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and
for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do
so. We are not liable for any harm caused by or related to the theft of your Account IDs, your
disclosure of your Account IDs, or your authorization to allow another person to access or use
the Services using your Account IDs. Furthermore, you are solely and entirely responsible for
any and all activities that occur under your Account including any charges incurred relating to the
Services. You agree to immediately notify us of any unauthorized use of your Account or any
other breach of security known to you. You acknowledge that the complete privacy of your data
and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you
may have with third party service providers (each such account, a "Third Party Account") by
either: (i) providing your Third Party Account login information through the Services; or (ii)
allowing Nine Link to access your Third Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third Party Account. You represent that you are
entitled to disclose your Third Party Account login information to Nine Link and/or grant Nine Link
access to your Third Party Account (including, but not limited to, for use for the purposes
described herein), without breach by you of any of the terms and conditions that govern your use
of the applicable Third Party Account and without obligating Nine Link to pay any fees or making
Nine Link subject to any usage limitations imposed by such third party service providers. By
granting Nine Link access to any Third Party Accounts, you understand that (i) Nine Link may
access, make available and store (if applicable) any content that you have provided to and stored
in your Third Party Account (the "SNS Content") so that it is available on and through the
Services via your Account, including without limitation any friend lists, and (ii) Nine Link may
submit and receive additional information to your Third Party Account to the extent you are
notified when you link your Account with the Third Party Account. Unless otherwise specified in
these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined
below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you
choose and subject to the privacy settings that you have set in such Third Party Accounts,
personally identifiable information that you post to your Third Party Accounts may be available on
and through your Account on the Services. Please note that if a Third Party Account or
associated service becomes unavailable or Nine Link's access to such Third Party Account is
terminated by the third party service provider, then SNS Content may no longer be available on
and through the Services. You will have the ability to disable the connection between your
Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD PARTY SERVICE PROVIDERS. Nine Link makes no effort to review any SNS Content for
any purpose, including but not limited to, for accuracy, legality or non-infringement, and Nine Link
is not responsible for any SNS Content.
The Services may contain links to third party websites that are not owned or controlled by
Nine Link. Nine Link has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, Nine Link will not and cannot censor
or edit the content of any third-party site. By using the Services, you expressly relieve Nine Link
from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the Services may access your e-mail address book associated
with a Third Party Account and your contacts list stored on your mobile device or tablet computer
solely for the purposes of identifying and informing you of those contacts who have also
registered to use the Services. At your request made via e-mail, Nine Link will deactivate the
connection between the Nine Link Services and your Third Party Account and any information
stored on Nine Link's servers that was obtained through such Third Party Account will be hidden,
except the username and profile picture associated with your Account.
Termination of Accounts
Nine Link reserves the right, in its sole discretion, to terminate your Account if you violate these
Terms of Service or for any reason or no reason at any time. We may also suspend your access
to the Services and your Account (including the funds in your Account) if you (a) have violated
the terms of these Terms of Service, any other agreement you have with Nine Link, including
without limitation the EULA, or Nine Link's policies, (b) pose an unacceptable credit or fraud risk to
us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage
in fraudulent or illegal conduct, or (d) for any other reason in Nine Link's sole discretion.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to
continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c)
that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the
right (but have no obligation) to hide or delete all of your information and account data stored on
our servers, and (e) that Nine Link shall not be liable to you or any third party for termination or
suspension of access to the Services or for deletion or hiding of your information or account data.
You agree that Nine Link may retain and use your information and account data as needed to
comply with investigations and applicable law.
We will not be liable to you for compensation, reimbursement, or damages in connection with
your use of the Services, or in connection with any termination or suspension of the Services.
Any termination of these Terms of Service does not relieve you of any obligations to pay any
Fees or costs accrued prior to the termination and any other amounts owed by you to us as
provided in these Terms of Service.
Nine Link is not liable for any losses relating to chargebacks, fraudulent charges, or other actions
by any User that are deceptive, fraudulent or otherwise invalid as determined in Nine Link's sole
discretion ("Fraudulent Actions"). By using the Services, you hereby release Nine Link from any
liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Nine Link
of any Fraudulent Actions which may affect the Services. Nine Link reserves the right, in its sole
discretion, to terminate the account of any User that engages in, or enables any other User to
engage in, Fraudulent Actions.
Payment Processing Services
Nine Link's Role
The Services allow Clients to pay and Professionals to accept payments for Grooming Services,
including Card-based payments initiated with Cards bearing the trademarks of MasterCard
International Inc. and Visa Inc. We are not a bank and we do not offer banking services as
defined by the United States Department of Treasury.
Nine Link facilitates the processing of payments Professionals receive from Clients. This means
that we collect, analyse and relay information generated in connection with these payments.
Authorization
You authorize us to process payments in accordance with the Services, using the payment
information you have supplied. Users of the Service will be required to provide their credit card or
bank account details to Company and the PSP.
Within 24 hours after you receive confirmation through the Service or via email that a Grooming
Service has been completed, you agree to authorize the Company to provide your payment
details to the PSP for processing of payments, out of pocket expenses owed to a Professional,
any tip or gratuity, if applicable, and the service fees and trust and safety fees owed to Company
for the use of the Service. You may be charged a cancellation fee through the PSP if you book a
Grooming Service, but cancel it before it is completed.
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company and the
PSP. As a condition of Nine Link enabling payment processing services through the PSP, you
agree to provide Nine Link accurate and complete information about you and/or your business,
and you authorize Nine Link to share it and transaction information related to your use of the PSP
services.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any
payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do
so.
Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in
our sole discretion that the transaction is in violation of these Terms of Service or any other
Nine Link agreement, or that it exposes Professionals, other Nine Link Users, the PSP or Nine Link to
harm. Harm includes fraud and other criminal acts as determined by Nine Link in our sole
discretion. If we reasonably suspect that your Account has been used for an unauthorized,
illegal, or criminal purpose, you give us express authorization to share information about you,
you’re Account, and any of your transactions with law enforcement.
Accepted Cards
Nine Link works with any US-issued and most non-US issued credit, debit, prepaid, or gift cards
("Cards") with a Visa, MasterCard, or Discover logo. We may remove or add Cards that we
accept at any time without prior notice. We will generally only process Cards that receive an
authorization from the applicable Network and Card issuer.
Nine Link Fees
If applicable, you agree to pay the applicable fees listed on our Fee Schedule available for use of
the Services ("Fees"). Subject to the terms of these Terms of Service, we reserve the right to
change our Fees immediately upon notice. You must agree to the change in Fees to continue to
use the Services. To withdraw your consent, you will need to close your Account. All balances
and all Fees, charges, and payments collected or paid through the Services are denominated in
US dollars.
Customer Care
Professionals, as a separate entity from Nine Link , are solely responsible for all customer service
issues relating to such Professional's goods or services, including without limitation, any
Grooming Services, pricing, order fulfilment, order or appointment cancellation, returns, refunds
and adjustments, rebates, functionality and warranty, and feedback concerning experiences with
such Professional, any personnel, their policies or processes. As between Clients and Nine Link,
Nine Link is solely responsible for customer service issues relating to any Account, payment, Card
processing, debiting or crediting.
Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty
program, the Professional (and not Nine Link) is responsible for ensuring that its program and any
associated rewards are compliant with applicable federal and state laws, including laws
governing prepaid cards and special offers such as rebates and coupons. The Professionals
agree to make available to Clients any terms and conditions applicable to such Professional's
loyalty program.
Use of Services; Limitations and Changes to the Services.
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with
or without reason. You acknowledge that the operation of the Services may from time to time
encounter technical or other problems and may not necessarily continue uninterrupted or without
technical or other errors and Nine Link shall not be responsible to you or others for any such
interruptions, errors or problems or an outright discontinuance of the Services. Nine Link has no
obligation to maintain or update the Services or to continue producing or releasing new versions
of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week,
except for: (i) planned downtime (of which we will endeavour to provide at least 8 hours prior
notice); or (ii) any unavailability caused by circumstances beyond our control, including but not
limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror,
strikes or other labour problems or Internet service provider failures or delays.
As a User of the Services, you agree to follow all applicable rules and laws and take full
responsibility for any promotion you offer via the Services.
When you publish content or information using the "public" setting, it means that everyone,
including people outside of the Nine Link community, will have access to that information and we
may not have control over what they do with it.
We always appreciate your feedback or other suggestions about Nine Link, but you understand
that we may use them and you hereby grant us all rights to such suggestions without any
obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Nine Link safe and spam free, but can't guarantee it. In order to help us do
so, you agree not to:
Send or otherwise post unauthorized commercial communications (such as spam) on the
Services.
Collect Users' content or information, or otherwise access the Services, using automated
means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
Engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
Upload viruses or other malicious code.
Solicit login information or Account IDs or access an account belonging to someone else.
Bully, intimidate, or harass any User.
Post content that is hateful, threatening, pornographic, or that contains nudity or graphic
or gratuitous violence.
Develop, advertise or otherwise market alcohol-related or other mature content.
Use Nine Link to do anything unlawful, misleading, malicious, or discriminatory.
do anything that could disable, overburden, or impair the proper working of Nine Link or
the Services, such as a denial of service attack.
Facilitate or encourage any violations of these Terms of Service.
To make sure we are able to provide a service to our Users and customers, we need to make
sure our pages are accurate and up-to-date. To help us do so, you agree to:
Keep your Registration Data and contact information accurate and up-to-date.
Keep your Account IDs and Account information confidential and to not share your login
information or Account IDs, let anyone else access your Account, or do anything else that
might jeopardize the security of your Account.
Proprietary Rights
The Services contains content and technology of the Company that is protected by copyright,
trademark, patent, trade secret and other laws. The Company owns intellectual property rights to
any protectable part of the Services, including but not limited to the design, artwork, logos,
functionality, and documentation (collectively, the "Company Property"). You may not copy,
modify, or reverse engineer any part of the Services or the Company Property.
In order to operate the Services, the Company needs to make certain use of your publicly posted
Content. Therefore, by posting, uploading or submitting to Nine Link, or making available for
inclusion in publicly accessible areas of Nine Link, any text, images, photos, graphics, audio or
video, including any content protected by intellectual property rights (collectively, "Content"), you
represent that you have full authorization to do so. You also hereby grant Nine Link a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute,
reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such
Content in connection with the Services and any services or products affiliated with the Services,
regardless of the form of media used or of whether such services or products now exist or are
developed in the future. This license exists only for as long as you elect to continue to include
such Content on Nine Link and will terminate at the time such Content is removed from the
Services by you or by Nine Link; provided that the license will not terminate and will continue
notwithstanding any removal of the Content or termination of your use of the Services to the
extent that Nine Link needs to use such Content in connection with any investigation or in
compliance with any laws.
You agree not to post any images containing written text or text overlays. Images may not have
symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or
emoticons, etc. Nine Link reserves the right to remove or hide or change any images without
notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a
computer. However, you understand that removed Content may persist in backup copies for a
reasonable period of time (but will not be available to others).
You acknowledge that all derivative designs and artwork which utilize the Company's logo or
other Company Property (collectively, "Derivative Works") are the sole property of the Company.
No other rights are granted to you with respect to the Company Property other than those rights
granted explicitly herein, including with respect to any Derivative Works.
Any Content posted by a User belongs to the person that posted such Content. You may use any
Content posted by you in any way without restriction. You may only use Content posted by
others in the ways described in these Terms of Service.
The Company reserves the right to remove or hide any Content from the Services, at its sole
discretion.
The Company respects the intellectual property of others. It may, in appropriate circumstances
and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its
determination, believes have repeatedly infringed others' rights. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide the following information to the Company's
copyright agent via email.
an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has
been infringed;
description of where the material that you claim is infringing is located on the site,
including a url link.
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized or consented to by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your
notice is completely accurate and that you are the copyright or intellectual property owner
or are authorized to act on the copyright or intellectual property owner's behalf.
The Company reserves the right to send Clients a newsletter from time to time if they opt-in to
receiving one. This communication will be highly tared based on how each Client uses
Nine Link and will be designed to inform Clients of how to get more value from the Services.
As part of the Services, the Company offers Professionals the option to send SMS and email
messages to their Clients for various reasons such as reminding them of an upcoming
appointment. By agreeing to these Terms of Service and using such tools, each Professional
represents that it has permission from each Client to send SMS and email notifications and that
each Professional takes full responsibility for adhering to each Client's preference with respect to
such notifications.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT
IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL
ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE
PROVISION OR RECEIPT OF GROOMING SERVICES. Nine Link IS NOT RESPONSIBLE FOR
THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
Nine Link IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS
USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY
INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO
OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE
CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES
OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY,
REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER
PARTICIPANTS OR USERS.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE
TO YOUR USE OF THE SERVICES OR GROOMING SERVICES, AND THAT THE RECIPIENT
MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT
RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE
ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING
THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY
INFRASTRUCTURE THAT IS NOT UNDER Nine Link 'S CONTROL (SUCH AS THIRD-PARTY
SERVERS). Nine Link MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH
THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Nine Link AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Nine Link MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY
DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY
SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Nine Link MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY,
SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF
GROOMING SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED
BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR
OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE
OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Nine Link OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Nine Link OR ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II)
GROOMING SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS
BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN
CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING
WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS
OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY
DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE
SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING
TO THE SERVICES.
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 may
not apply to you.
Nine Link EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS
RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE Nine Link IS NOT
INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS
OR IN THE PROVISION OF ANY GROOMING SERVICES, YOU HEREBY RELEASE AND
FOREVER DISCHARGE Nine Link AND ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS,
DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER
KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO
ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN
PERSON, WHETHER RELATED TO THE PROVISION OF GROOMING SERVICES OR
OTHERWISE.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers,
directors, employees, agents, partners and licensors from and against any and all claims,
damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to
attorney's fees) arising from or relating to: (i) your use of and access to the Services; (ii)
Grooming Services facilitated by the Services or any interaction between you and another user;
(iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third
party, including without limitation any copyright, intellectual property, or privacy right; or (v) any
third-party claims or damages relating to death, personal injury or emotional distress arising from
or related to use of the Services. This defense and indemnification obligations will survive the
termination of these Terms of Service and your use of the Services.
Privacy
Our collection of data and information via the Services from Users and others is subject to our
Privacy Policy and is incorporated herein (the "Privacy Policy"). You understand that through
your use of the Services that you consent to the collection and use (as set forth in the Privacy
Policy) of such data and information.
Security
We have implemented technical and organizational measures designed to secure your personal
information from accidental loss and from unauthorized access, use, alteration, or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able to defeat those
measures or use your personal information for improper purposes. You acknowledge that you
provide your personal information at your own risk.
COVID-19
As a result of the COVID-19 pandemic, many states and local jurisdictions have issued stay-athome orders and restrictive measures that may prevent individuals in those locations from using
Nine Link. It is your responsibility to adhere to the regulations put in place by your local
government. Even in those locations where it is permissible to schedule appointments using
Nine Link, please understand there is still a substantial risk of becoming exposed to or infected by
the COVID-19 virus.
By continuing to use Nine Link to schedule appointments, you certify that you are familiar with the
social-distancing orders and other measures implemented to halt the spread of COVID-19 in your
jurisdiction and that scheduling appointments does not violate the orders and other safety
measures that are in place either where you live or where the appointment will occur.
You further acknowledge that the risk of contracting the disease remains significant in every
jurisdiction (regardless of whatever 'loosening' may have occurred in your jurisdiction) and that,
by scheduling appointments, you understand and assume all risk should you become infected.
You further agree to waive and hold harmless Nine Link and each of its officers, directors,
employees, or affiliates, for any and all claims, losses, demands, liabilities, costs and expenses
(including reasonable attorney's fees and costs and expenses related thereto) that you might
suffer as a result of becoming infected.
Miscellaneous; Changes
These Terms of Service, including all referenced and/or incorporated exhibits or policies,
programs and guidelines, constitute the entire agreement between you and the Company
concerning the subject matter herein and the use of the Services and supersede any and all
previous agreements, written or oral, between you and the Company, including previous versions
of these Terms of Service.
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to,
supplement or delete any of these Terms of Service and all referenced and/or incorporated
exhibits or policies, programs and guidelines. The Company will endeavour to notify you of any
material changes by email, but will not be liable for any failure to do so. If any future changes to
these Terms of Service Fare unacceptable to you or cause you to no longer be in compliance
with these Terms of Service, you must terminate, and immediately stop using, the Services. Your
continued use of the Services following any revision to these Terms of Service constitutes your
complete and irrevocable acceptance of any and all such changes.
The Company may assign these Terms of Service or any other agreement with you in whole or
part at any time.
These Terms of Service and the relationship between you and the Company shall be governed
by the laws of the State of Virginia without regard to its conflict of law provisions. You and the
Company agree to submit to the personal and exclusive jurisdiction of the courts located within
the City of Dale City, Virginia and Prince William County.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is
not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining
terms shall still apply.
You and the Company both 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 Services or these Terms of Service must
be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING
TERMS OF SERVICE, INCLUDING THE COMPANY'S PRIVACY POLICY AND AGREE THAT
MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.