The Salon People Terms of Service
You (“you” or “your”) are accessing a site hosted by The Salon People, Inc. (“TSP” “our,” “we,” or “us”). By accessing this site, you will be participating in one or more of our proprietary programs of study, which may include lectures, curriculum, toolsets, computer-aided financial models, consulting services, and training instruction from TSP (each such program, a “Program”), and you will gain access to program materials, which may include printed materials, flash drives, and online materials (the “Program Materials”). You also will have access to the Program curriculum and other information provided through the Program(s) (the “Program Information”), through the Program Material, through in-person training, and otherwise. By accessing this site and the accompanying Programs, Program Information, and Program Materials, you are agreeing to be bound by the following terms and conditions (these “Terms of Service”):
3. Limits on Use. The Program Information and Program Materials are intended for use only by salons affiliated with Aveda Services Inc. (“Aveda”). You agree that the Program Materials and the Program Information include information that is not generally known to the salon industry or the public, and that such information is confidential, proprietary information owned solely and exclusively by TSP. In exchange for access to TSP’s Program, Program Materials, and Program Information, and as a condition to your participation in the Program and receipt of the Program Materials and Program Information, you agree as follows:
(a) You will use the Program Materials and Program Information only to operate and grow the business of the Salon as an Aveda salon (the “Business Purpose”), and not for any other purpose. You agree that if you are no longer affiliated with the Salon, or if the Salon is no longer affiliated with Aveda, then you will cease using the Program Information and Program Materials immediately.
(b) TSP retains sole and exclusive ownership of all Program Materials and Program Information, and provides you only with a limited, nontransferable, revocable license to use the Program Materials and Program Information, solely for the Business Purpose.
(c) You agree not to: (i) copy or distribute the Program Materials; or (ii) disclose information in the Program Materials, or other Program Information, to any individual or entity, except employees or contractors of the Salon who have a need to use the Program Materials or Program Information for the Business Purpose, and who agree in writing to be bound by the restrictions in this Agreement.
4. Forecasting Tools: The forecasting tools included in the content are for planning purposes and may not be reflective of your actual results. There are many risks and uncertainties that could cause your actual results to differ materially from those expressed or implied in any forecasting tool and as such, undue reliance should not be placed on them. We do not guaranty that you will experience results that are reflected in any of the forecasting tools included in the content.
5. Requirements for Access. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or where you access this site. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
6. Communication; Security. You acknowledge that Thinkific and TSP will use the email address you provide as the primary method for communication with you. Thinkific and TSP cannot and will not be liable for any loss or damages from your failure to maintain the security of your account and password. You are prohibited from transmitting any worms or viruses or any code of a destructive nature.
7. Termination of Access. A breach or violation of any term in these Terms of Service as determined in the sole discretion of Thinkific or TSP will result in the immediate termination of your services. If your services are terminated you cannot use this site or the Program Materials.
8. Authority. If you access this site on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by these Terms of Service. You may not access or use this site for any illegal or unauthorized purpose, including the transmission of harmful code(s) or computer viruses, nor may you, in accessing this site, violate any laws in your jurisdiction (including but not limited to copyright laws) or the laws of Canada and the Province of Ontario.
9. TSP Rights; Limitation of Liability. We reserve the right to modify or terminate your access to this site for any reason, without notice, at any time. We reserve the right to refuse access to this site to anyone for any reason at any time. We may, but have no obligation to, modify or remove Program Materials at any time for any reason. You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or your inability to access this site or any Program Materials. In no event will we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this site or this agreement (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Your use of this site is expressly at your sole risk. This site is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. We do not warrant that your access to this site and the Program Materials will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of this site will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations, or that any errors will be corrected. We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. This site is “as is” so it may have errors or interruptions and we provide no warranties of any kind, including warranties as to the content of the Program Materials.
10. Waiver and Complete Agreement
TSP’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Thinkific and govern your access to this site, superseding any prior agreements between you and Thinkific (including, but not limited to, any prior versions of these Terms of Service).
12. Education Cancellation Policy. Aveda Florida Education will provide a full refund to participants who cancel more than 15 days before the course (aka class) start date. Participants who cancel less than 15 days before the course start date or are no shows will forfeit the full course tuition, regardless of registration date. Participant substitutions can be made at any time without penalty. Participants attending complimentary courses must reserve their space with a credit card charged for $0.50. If the participant completes the entire course, their credit card will not be charged the no show fee and $0.50 will be refunded. If the participant does not attend an entire course, is a no show or cancels less than 15 days before the course start date, their credit card will be charged the full class tuition. Aveda Florida Education reserves the right to cancel or reschedule courses at any time. If a course is cancelled due to low enrollment, the course will be rescheduled or participants will be fully reimbursed. Private classes held in salon are subject to a 30 day cancellation policy. In-salon classes cancelled less than 30 days prior to the course date will forfeit the full course tuition.