Agreement between User and Blush Salon Studios
Welcome to ColorMeBlush.com. The Blush Beauty Center website (the “Site”) is comprised of various web pages operated by Blush Beauty Center. ColorMeBlush.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ColorMeBlush.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for reference.
ColorMeBlush.com is and E-Commerce Site.
Visiting ColorMeBlush.com or sending emails to Blush Beauty Center constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Blush Beauty Center is not responsible for third party access to your account that results from theft or misappropriation of your account. Blush Beauty Center and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Blush Beauty Center does not knowingly collect, either online or offline, personal information form persons under the age of thirteen. If you are under 18, you may use ColorMeBlush.com only with permission of a parent or guardian.
You may cancel your email subscription at any time. In regards to Skin Care cancellations, we require a 24-hour notice. Appointments cancelled without proper notice, will be subjected to a cancellation charge of $75.00. Permanent Makeup cancellations require a 72-hour notice, without proper notice, there will also be a charge of $75.00. In regards to Packages, failure to give cancellation notice within 24-hours will result in forfeiting that scheduled service OR pay our $75.00 cancellation fee. Please contact BlushSalonStudios@gmail.com with any questions or concerns.
Links to Third Party Sites/Third Party Services
ColorMeBlush.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Blush Beauty Center is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blush Beauty Center is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blush Beauty Center of the site or any association with its operators.
Certain services made available via ColoeMeBlush.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from ColorMeBlush.com domain, you hereby acknowledge and consent that Blush Beauty Center may share such information and data with any third party whom Blush Beauty Center has a contractual relationship to provide the requested product, service, or functionality on behalf of ColorMeBlush.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Blush Beauty Center or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Blush Beauty Center content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content. Without express written permission of Blush Beauty Center and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Blush Beauty Center or our licencors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Blush Beauty Center account to third party accounts. By connecting your Blush Beauty Center account, to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Blush Beauty Center from our offices within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Blush Beauty Center content accessed through ColorMeBlush.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agreed to indemnify, defend and hold harmless yes, it’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site or services, any use your postings made by you, your violation of any terms of this agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Blush Salon Studios reserves the right, at its own cost, to assume the exclusive defense in control of any matter otherwise subject to indemnification by you, in which event you were fully cooperate with Blush Salon Studios in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising of or concerning these Terms of Service, or any provisions hereof, weather in contract, tort, or otherwise outlaw or an equity for damages or any other relief, then such just you shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and a location mutually agreed-upon by the parties. The arbitrator's award shall be final, and judgment may be entered a planet in any Court having jurisdiction. In the event that any legal or equitable action, preceding or arbitration arises out of four concerns these terms of conditions, the prevailing party shall be entitled to recover its cost and reasonable attorneys fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including tort claims that are a result of these Terms of Service. The parties agree that the federal arbitration act governs the interpretation and enforcement of his provision. The entire dispute, including and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Class Action Waiver
Any arbitration under these Terms of Service willPlace on an individual basis, class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS NUMBER AND ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PRECEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further unless both you and Blush Salon Studios agree otherwise, the arbitrator or may not consolidate more than one person's claim and may not otherwise preside over any form of representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLUSH SALON STUDIOS AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.
BLUSH SALON STUDIOS AND OR ITS SUPPLIERS MAKE NO REPRESENTATION, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY ABOUT THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND BEING ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IN” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLUSH SALON STUDIOS AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL OF THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Blush Beauty Center reserves the right, and it's so discretion to terminate your access to the site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida and all disputes arising out of or relating to the use of the site. Use of the site is not authorizing any jurisdiction that does not affect the all the provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Blush Beauty Center as a result of this agreement or use of the site. Blush Beauty Center's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation Blush Beauty Center's right to comply with governmental, court and law enforcement request or requirements relating to your use of the site or information provided to or gathered by Blush Beauty Center with respect to such use. Any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Blush Salon Studios with respect to the site and it supersedes all prior or contemporaneous Communications and proposals, whether electronic, oral or written, between the user and Blush Salon Studios with respect to the site. a printed version of this agreement and of any notice given an electronic form shall be admissible and judicial or administrative proceedings based upon or relating to Disagreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Promotions with Blush Beauty Center, Blush Medical Day Spa, and JenSpa Advanced Esthetics are limited to ONE promotion per client, with an exisiting account.
Changes to Terms
Blush Beauty Center reserves the right, in its sole discretion, to change the Terms under which ColorMeBlush.com is offered. the most current version of the Terms will supersede all previous versions. Blush Salon Studios encourages you to periodically review the Terms to stay informed of our updates.
We at Blush Salon Studios welcome your questions, comments, and concerns regarding our Terms of Service:
Blush Beauty Center
2200 49th Street North
Saint Petersburg, FL 33710
These Terms of Service are Effective as of March 19th, 2018.