If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
Last Updated on September 1th, 2015.
1. Guidelines for Usage
LookBooker provides Services (The Services) to you that assist in the securing of beauty appointments at participating third party salons or spas. You generate an online request and we will determine availability of appointments at the time of your query. We will provide confirmation of your appointment via SMS or email. By using LookBooker’s Services, you agree to receive appointment confirmation, reminders, and review requests via SMS or email after the time at which an appointment is booked.
The Services are being offered to you for your personal use. You agree to use the Services only to book appointments at participating salon/ spas and then honor those appointments by arriving at the salon/ spa(s) on time and paying for the service upon receipt of that service through the LookBooker application. Further, you agree not to book more than one (1) appointment for your personal use during any one time. Resale or attempted resale of appointments is prohibited, and is grounds for, among other things, removal of your ability to book future appointments via LookBooker. LookBooker expressly reserves all its rights and remedies under applicable state and federal law.
Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. LookBooker reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel appointments.
3. Cancellation and no-show policy
LookBooker is committed to providing superior quality services to its users and salon/ spas. To assist us in maintaining a consistently high level of service with the participating salon/ spas and patrons, users are asked to cancel in advance any appointments that they will be unable to honor. A link will be provided in the appointment confirmation SMS and/or email sent to you upon having confirmed an appointment with LookBooker. The link may be followed to cancel or amend an appointment.
If you are unable to honor your appointment and you fail to cancel the appointment in advance, LookBooker will send you an email letting you know that our records indicate that you were a no-show. You will be charged $25 (non refundable) as a no-show penalty. By using the Services, you agree to receive no-show confirmations by email after a salon/ spa and/or the LookBooker Platform reports your appointment was not honored, whether or not that was in fact the case. Be advised that LookBooker reserves the right to remove your ability to make further appointments via LookBooker if you no-show for three appointments within the same twelve-month period. If you receive a no-show confirmation email in error, please email us at email@example.com to rectify. All final no-show determinations will be made by LookBooker in its sole discretion.
4. Consumer registration
As part of the consumer registration process, you will provide an e-mail address and create a password, or will register by connecting your Facebook account to the Platform. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to firstname.lastname@example.org.
5. Account, password and security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree and acknowledge that you may only create one account. You agree to immediately notify LookBooker of any unauthorized use of your password or account or any other breach of security.
LookBooker will not be liable for any loss or damage arising from your failure to comply with this Section.
6. Email/SMS Policy
7. Authorization and acknowledgement; Provider relationships and lists
In connection with using the Platform and the Services to locate and schedule appointments with salons and spas, you understand that:
- YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN SERVICE PROVIDER.
- LookBooker selects Providers to be listed on the Platform pursuant to a contractual agreement with the Providers.
- In addition to signing a contract, Providers must pay a fee to LookBooker in order to appear on the Platform.
- LookBooker will provide you with lists and/or profile previews of Providers who may be suitable to the services that you are seeking based on information that you provide to LookBooker (such as proximity to your geographical location, and details of the services you are seeking). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other LookBooker users, and past experience of LookBooker users with Providers); but LookBooker (i) does not make any representations or warranties with respect to these Providers or the quality of the services they provide, and (ii) does not receive any additional fees from Providers for featuring them through the Services.
- LookBooker uses reasonable efforts to ensure that Providers only participate in the Services if they have the certifications necessary to provide these services and who remain qualified to provide these services. LookBooker may also exclude Providers who, in LookBooker’s discretion, have engaged in inappropriate or unprofessional conduct.
8. Intellectual property and grant of rights to user
The materials and services provided for and depicted on the LookBooker Platform are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the LookBooker Platform ("LookBooker Content") is provided to you by LookBooker for the sole purpose of using the Services. You shall not copy, display, modify, create derivative works of, publish, or sell the LookBooker Content or any information, software, or services provided by LookBooker hereunder. LookBooker Content may be modified from time to time by LookBooker in its sole discretion.
Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the LookBooker Content by users shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of LookBooker or its licensors in the Services or LookBooker Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of LookBooker or any third party is granted under this Agreement.
9. Mobile services
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Plaatform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding LookBooker and other entities by SMS, MMS, text message, push notification or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
10. Changes to the Services
11. Posted Information: Reviews, comments, communications, and other content
At LookBooker’s invitation, users may submit reviews, comments, and ratings, send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to salon/ spas and other third parties, so long as the content is not illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. LookBooker reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content.
It is important that you act responsibly when providing Posted Information. In providing feedback, you are required to give clear, honest information about the Provider and your experiences. You may not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user or Provider may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
If you do submit material, and unless we indicate otherwise, you grant LookBooker a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause unjust injury to any person or entity; and that you will indemnify LookBooker for all claims resulting from content you supply. LookBooker has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by LookBooker in its sole discretion. LookBooker takes no responsibility and assumes no liability for any content submitted by you or any third party.
We reserve the right to publish your Posted Information as part of the Service and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information.
Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Platform or transmit to other members and/or other users of the Platform.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by LookBooker.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
- By contributing Posted Information to the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, LookBooker, its contractors, and the users of the Platform an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that LookBooker shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other LookBooker users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Platform. LookBooker reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming"
- violates the intellectual property or other rights of any person
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
12. Your Responsibilities
Much of the information on the LookBooker Platform is updated on a real time basis and is proprietary or licensed to LookBooker by its salon/ spas or third parties. You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform and/or the Services;
- access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers;
- reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
- fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretenses;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
- use any means, including software means, to conduct web scraping of any portion of the Platform, its content or materials and/or the Services interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- solicit personal information from anyone under the age of 18;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide LookBooker information regarding your credit card or other payment instrument. You represent and warrant to LookBooker that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay LookBooker the amount specified by LookBooker in accordance with the terms of such plan and these Terms of Service. Any fees that LookBooker may charge you for the Service are due immediately and are non-refundable. This no refund policy shall apply at all times, regardless of your decision to terminate your usage, our decision to terminate your usage or disruption caused to the Service for any reason whatsoever. We reserve the right to change Our prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on LookBooker’s net income. LookBooker may make promotional offers with different features and different rates to any of its users. Any LookBooker booking credits that are offered to users via the Service are not (a) redeemable for cash or cash equivalents, (b) transferrable and (c) applicable toward prior purchases. Other restrictions make apply.
The Service may offer invitation/referral codes that are meant for sharing among friends and may become invalid if publicly posted via third party websites or otherwise. An invitation/referral code may be used by one user only and LookBooker reserves the right to suspend your account and/or revoke any and all invitation/referral credits at any time if LookBooker feels they were earned inappropriately.
15. Apple-enabled software applications
Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows:
175 Varick Street, 8th Floor
New York, NY 10014
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
16. General Limitation of Liability
IN NO EVENT SHALL LOOKBOOKER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE LOOKBOOKER SITE OR THE LOOKBOOKER CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE LOOKBOOKER PLATFORM FOR APPOINTMENTS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SALON/ SPA IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE LOOKBOOKER PLATFORM BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE LOOKBOOKER PLATFORM OR THE LOOKBOOKER CONTENT. LOOKBOOKER IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SALON/ SPA IN WHICH A USER HAS MADE AN APPOINTMENT. ASIDE FROM THE SERVICES PROVIDED ON THE LOOKBOOKER PLATFORM. LOOKBOOKER IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED SALON/ SPA.
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular salon, spa or other provider (“Provider”) by confirming with the Provider and the relevant industry association.
17. Indemnity and release
You agree to release, indemnify and hold LookBooker and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
18. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform and/or the Services; what content you access via the Platform and/or the Services; what effects the content on the Platform and/or the Services may have on you; how you may interpret or use the content on the Platform and/or the Services; or what actions you may take as a result of having been exposed to the content on the Platform and/or the Services. You release us from all liability for you having acquired or not acquired content through the Platform and/or the Services. The Platform and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Platform and/or the Services. WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LOOKBOOKER MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LOOKBOOKER DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
19. Links to third party sites
The LookBooker Platform may contain hypertext links to Web sites operated by parties other than LookBooker. Such hypertext links are provided for users’ reference only and LookBooker does not control such Web sites and is not responsible for their content. LookBooker's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
20. Social networking sites
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
22. Entire agreement
23. No assignment
LookBooker may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that LookBooker may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that LookBooker will not be liable to you or any third party for any termination of your access to the Service.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
27. Arbitration agreement, Jury trial waiver, Class action waiver, and Forum selection clause
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and LookBooker must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by You and LookBooker, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR LOOKBOOKER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, LookBooker will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) LookBooker also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either You or LookBooker shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/LookBooker customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor LookBooker shall be entitled to arbitration. In the event this agreement to arbitrate is held unenforceable by a court, or in the event AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between LookBooker and YOU shall be exclusively brought in the state or federal courts located in New York City, New York.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
28. Choice of Law and Dispute Resolution
29. Electronic Contracting and Notices
These Terms of Service constitute the entire agreement between you and LookBooker and govern your use of the Service, superseding any prior agreements between you and LookBooker with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and LookBooker agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of LookBooker to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of LookBooker, but LookBooker may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.