TERMS AND CONDITIONS
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APPLICATION.
The execution of this Order constitutes a binding agreement in which you, the Client, apply and agree to pay for submittal and advertisement of your information. Stephen Gabriel Designs, LLC ("SGD"). Agrees to accept your information, unless in its sole judgment, the information does not conform to SGD editorial standards. Upon the acceptance and signing of this Order the parties hereto acknowledge that they have entered into a binding written agreement.
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ENTIRE AGREEMENT.
This Order contains the entire agreement between you, the Client, and SGD for the advertisement of your business and for the information that is submitted to SGD. The provisions of this Order cannot be altered or waived except by written agreement signed by the Client and SGD. Neither party shall be bound by any oral agreements or representations or special arrangements contrary to or in addition to the terms or conditions as stated herein or written hereon and no agent, representative or employee of SGD has the authority to vary any of the terms of this Order.
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TERM.
The Term of this Order shall be indefinite or until an email is sent to sales@salonsearch.com to take down your listing.
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PAYMENT TERMS.
The membership for salonsearch is completely free now. There is no payment required to become a member of salonsearch.com!
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PARTIES TO THE AGREEMENT.
This Order is entered into by and between SGD and Client, and any change in the ownership, name, management or operation of Client shall not affect or dissolve the contract obligations of the parties under this Order. Client may not assign this Order without the prior written consent of SGD that consent shall not be unreasonably withheld. This Order is assignable by SGD to any other web designer. The person or persons signing this Agreement individually or on behalf of one or more of the parties represents that he is authorized to sign this Agreement and to bind such party.
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CONTENT.
The legal name, business name, address and telephone number of the Client, as shown on the reverse side of this Order, as well as the information contained within the Internet Script Sheet, are the sole criteria for corrections of the information material on the website. It is the responsibility of Client to inform SGD promptly in writing of any change in its address or telephone number. Upon receipt of such notice, SGD agrees to make such changes within (14) days.
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CANCELLATION.
To cancel your account/remove your listing, please email sales@salonsearch.com with your salon/spa name/address.
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LIMITATION OF LIABILITY.
THIS ORDER CANNOT BE INVALIDATED FOR TYPOGRAPHICAL ERRORS, INCORRECT INSERTIONS OR OMISSIONS CONTAINED IN THE INFORMATION SUBMITTED AND DISPLAYED. FURTHERMORE, CLIENT AGREES THAT SGD SHALL NOT BE LIABLE FOR ERRORS OR OMISSIONS IN PUBLICATION OR LOST PROFITS, DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR CONTINGENT DAMAGES ARISING OUT OF OMISSIONS OR ERRORS, EXCEPT THAT STEPHEN GABRIEL DESIGNS, LLC AGREES TO MAKE ADJUSTMENT TO THE SERVICE CHARGES IN THE EVENT OF ANY OMISSION OR ERROR DETERMINED IN THE SOLE DISCRETION OF SGD TO HAVE BEEN CAUSED BY SGD.
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INFORMATION IS PROPERTY OF SGD.
All copy which represents the creative effort of SGD, and/or the utilization of creativity, illustrations, labor, composition or material furnished by it is and remains the property of SGD, including the right of copyright therein. Client understands and agrees that it cannot authorize photographic or other reproductions in whole or in part, of any such copy for use in any other medium without the express written consent of SGD. Client assumes the responsibility for the registration and protection of any copyright it may have and hereby licenses to SGD the right to copy.
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AUTHORITY TO CONDUCT BUSINESS.
Client warrants that Client is duly authorized to engage in the business or profession described on the reverse side, and further warrants that Client is, and during the term of this Order, will remain, the owner of, and entitled to use, or is duly authorized or licensed by the owner and entitled to use, the copy, cuts and illustrations and any trademarks or trade names which may be specified. Client hereby agrees to defend, indemnify and hold SGD harmless from any and all claims, demands, suits, losses, damages and judgments which arise from or which are claimed to have arisen from the use of such copy, cuts, illustrations, marks and names, together with expenses, including attorney's fees and court costs incurred by SGD. Client agrees to assume sole responsibility for the protection of the proprietary interest in any writing or illustration used in its information, and hereby authorizes SGD to permit any other web designer to copy or reproduce the information appearing in the publication. The provisions of this paragraph shall survive the term of this Order.
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ATTORNEY'S FEES.
In the event SGD has to employ a collection agency or an attorney to collect any of the sums due and payable under this Order, Client hereby agrees to pay for any collection charges and/or attorney's fees incurred by SGD. In connection with any litigation arising out of this Order, including any appellant proceedings, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs.
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APPLICABLE LAW, VENUE AND DISPUTES.
Any disputes arising from this Agreement shall be subject to arbitration in New Jersey under the Rules and auspices of the American Arbitration Association or other mutually agreeable arbitrator. New Jersey Law governs this Agreement and the Courts of New Jersey (or, at the SGD's option, a court of general jurisdiction in the residential state of the Client) shall have jurisdiction to enforce it. This clause shall survive any termination of this Agreement.
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TOTAL AGREEMENT.
The undersigned hereby agree(s) to the terms and conditions of this Order as evidenced by the signatures on the reverse side. The invalidity of all or any part of any section of this Agreement shall not render invalid the remainder of this Agreement or the remainder of such section.