This website is operated by Melisa D Hair Artistry. Melissa D Hair Artistry offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site, you engage in Melissa D Hair Artistry's “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Melissa D Hair Artistry reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This store is hosted on Godaddy.com. They provide Melissa D Hair Artistry with the online platform that allows M Dawn Art to offer services and appointments. Melissa D Hair Artistry uses a third-party appointment scheduling software and app, Setmore, to enable clients to book hair appointments.
SECTION 1 - WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this website.
You may not use MDHairArtistry.com for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
Melissa D Hair Artistry reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Melissa D Hair Artistry. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Melissa D Hair Artistry is not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Melissa D Hair Artistry reserves the right to modify the contents of this site at any time, but has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to site.
SECTION 4 - MODIFICATIONS TO THE WEBITE SERVICE, HAIR SERVICES, AND PRICES
Prices for hair services are subject to change without notice. Melissa D Hair Artistry reserves the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice at any time. Melissa D Hair Artistry shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Melissa D Hair Artistry reserves the right to cancel any appointment at any time.
SECTION 5 - SERVICES
Certain services may be available exclusively online through the website. These services may be offered for a limited time and may be terminated at any time.
SECTION 6 - OPTIONAL TOOLS
You may be provided with access to third-party tools over which Melissa D Hair Artistry neither monitors nor has any control nor input. You acknowledge and agree that your access to such tools is provided ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
Melissa D Hair Artistry shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, new services and/or features may be offered through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content and services available at MDHairArtistry.com may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Melissa D Hair Artistry. Melissa D Hair Artistry is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Melissa D Hair Artistry is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at Melissa D Hair Artistry's request, you send certain specific submissions, or without a request from Melissa D Hair Artistry, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by text message, by email, by a customer review app, by postal mail, or otherwise (collectively, 'comments'), you agree that Melissa D Hair Artistry may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Melissa D Hair Artistry.
Melissa D Hair Artistry is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Melissa D Hair Artistry may, but have no obligation to, monitor, edit or remove content that is determined or questioned to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Melissa D Hair Artistry or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. Melissa D Hair Artistry takes no responsibility and assumes no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through MDHairArtistry.com is governed by Melissa D Hair Artistry's Privacy Policy.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on this site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to studio hours, dates of closures, appointment availability, service options, availability, pricing, promotions, offers, etc. Melissa D Hair Artistry reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel appointments if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have booked an appointment).
Melissa D Hair Artistry undertakes no obligation to update, amend or clarify information in the Service or on this or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. M Dawn Art reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Melissa D Hair Artistry does not guarantee, represent or warrant that your use of this service will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, from time to time, Melissa D Hair Artistry may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by Melissa D Hair Artistry) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions.
In no case shall Melissa D Hair Artistry, its officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content related to this website, any service, or any loss or damage of any kind incurred as a result of the use of the service or any product, or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Use of this website and services are done so at your own risk.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Melissa D Hair Artistry liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Melissa D Hair Artistry and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or Melissa D Hair Artistry. You may terminate these Terms of Service at any time by notifying Melissa D Hair Artistry that you no longer wish to use the Services, or when you cease using this site.
If, in Melissa D Hair Artistry's sole judgment, you fail, or it's suspected that you have failed, to comply with any term or provision of these Terms of Service, Melissa D Hair Artistry may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
Melissa D Hair Artistry'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 and any policies or operating rules posted on this site or in respect to the Service constitutes the entire agreement and understanding between you and Melissa D Hair Artistry and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Melissa D Hair Artistry (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby Melissa D Hair Artistry provides you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, USA.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
Melissa D Hair Artistry reserves the right to update, change or replace any part of these Terms of Service by posting updates and changes to this website. It is your responsibility to check the website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
LAST UPDATED: February 20, 2023
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