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Soho Analytics User Agreement
August 4, 2014
This User Agreement (“Agreement”) is a binding legal contract between you and Soho Analytics and governs your use of Soho Analytics’ products, services and other technologies or functionalities, whether provide through Soho Analytics’ website located at www.HairLibrary.com, associated websites, Soho Analytics’ Application Programming Interface (the “Soho Analytics API”) or any desktop or mobile applications (collectively, the “Soho Analytics Technology”).
If you reside within the United States, you are entering into a contract with Soho Analytics llc., a New York limited liability corporation.
1. Soho Analytics Services.
1.1 Services. Soho Analytics provides you with a secure and convenient way to establish an account (“Soho Analytics Account”) for purposes of (i) skimming and scanning new hair products that match your profile and (ii) interacting with contacts on the social platform (Soho Analytics Services”).
Soho Analytics is an independent contractor for all purposes, and is not your agent or trustee. Soho Analytics does not have control of, or liability for, any products or services that are purchased and sold by third parties using the Soho Analytics Services. Soho Analytics does not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Soho Analytics is not liable for any losses or issues that may arise from such third party transactions, including, not limited to, legality, quality, delivery or satisfaction with any products purchased. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the Soho Analytics Services, you must handle those issues directly with the third party seller or buyer, as applicable.
You acknowledge that by using the Soho Analytics Services, and conducting transactions, Soho Analytics will be providing, at your direction, account information to third parties including, but not limited to, your payment provider and the buyer or seller, as applicable.
You hereby agree that any information you receive regarding another Soho Analytics user as a result of using the Soho Analytics Services shall be held in the strictest confidence and used only for the limited purpose of completing approved transactions. Under no circumstances may you disclose or distribute information regarding another Soho Analytics user to any third party. You may not send unsolicited email or other communications to any Soho Analytics users or use the Soho Analytics Services to collect payments for sending, or assisting in sending, unsolicited email or other communications to third parties.
1.3 Security of User Information. You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs), mobile unlock codes, API keys or any other codes that you use to access the Soho Analytics Services. You are responsible for keeping your email address up to date in your Soho Analytics Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify Soho Analytics immediately if you become aware of any unauthorized use of the Soho Analytics Services or any other breach of security regarding the Soho Analytics Services at support@HairLibrary.com and (ii) ensure that you sign out of your Soho Analytics Account at the end of each session when accessing the Soho Analytics Services. Soho Analytics will not be liable for any loss or damage arising from your failure to comply with this Section.
1.4 Electronic Communications and Notices. By entering into this Agreement, you agree to receive electronic communications in accordance with Soho Analytics’ E-Sign Consent.
1.5 Mobile Services. Certain of the Soho Analytics Services can be accessed via a mobile device, including (i) the ability to access your Soho Analytics Account via a mobile device, (ii) the ability to browse the Soho Analytics website from a mobile browser and (iii) 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 Soho Analytics Services 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 Mobile Services, you agree that we may communicate with you regarding Soho Analytics 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. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Soho Analytics Account information to ensure that your messages are not sent to any person that acquires your old number.
2. Accounts and Identity Verification.
2.1 Eligibility. By entering into this Agreement you represent that (i) you are at least 18 years old (or such older age as your state or jurisdiction may require for you to enter into this Agreement and allow Soho Analytics to provide the Soho Analytics Services) and (ii) are capable of entering into a legally binding agreement. In order to use any Soho Analytics Services, you must: (i) own good title to any social media account you hold prior to opening your Soho Analytics Account, free and clear of any liens or encumbrances and (ii) not previously have been banned or otherwise prohibited from opening a Soho Analytics Account. Use of certain of the Soho Analytics Services may have other eligibility requirements that will need to be verified prior to using such Soho Analytics Services.
2.2 Registration. In order to use any Soho Analytics Services, you must register for a Soho Analytics Account by completing all required information elements on the Soho Analytics Services registration web pages and fund your Soho Analytics Account through the appropriate payment methods. In registering for your Soho Analytics Account, you must provide current, complete and accurate information and update your account registration as needed when your information changes. Soho Analytics may require you to provide additional information as a condition of your use of the Soho Analytics Services, or to determine whether to allow your continued use of the Soho Analytics Services. Soho Analytics may, in our sole and absolute discretion, refuse to allow you to register for a Soho Analytics Account.
2.3 Identity Verification. If you wish to convert your funds from local currency to bitcoin, or use certain other Soho Analytics Services, you authorize Soho Analytics, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include requesting further information from you or requiring you to provide your date of birth, email address, address, a taxpayer identification number (or other government issued identification number), bank account information (bank name, account type, account number, routing number) and credit card information and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address, bank accounts, or verifying your information against third party databases or through other sources. If you make certain use of the Soho Analytics Services, federal law requires that Soho Analytics verify some of your account registration information. We reserve the right to maintain your account registration information after the termination of this Agreement for our business and regulatory compliance purposes.
2.4 Account Closure and/or Suspension. We may, in our sole and absolute discretion without liability to you or any third party, refuse to approve, suspend, limit access to, or terminate your use of one or more Soho Analytics Services for any reason, including without limitation inactivity, inability to verify your account information and/or violation of this Agreement or other policies we may establish from time to time.
You may terminate this Agreement at any time by closing your Soho Analytics Account and discontinuing use of the Soho Analytics Services. Upon termination of your Soho Analytics Account, you remain liable for all payment transactions and any other fees or obligations you have incurred under this Agreement. Upon termination, we reserve the right to prohibit your access to Soho Analytics Services, including without limitation by deactivating your Soho Analytics Account, and to refuse future access to Soho Analytics Accounts.
4.1 Indemnification. You agree to indemnify and hold Soho Analytics, its affiliates and service providers, and each of their officers, directors, agents, joint venturers, employees and representatives harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of Soho Analytics Services.
4.2 Release of Soho Analytics. If you have a dispute with one or more users, you release Soho Analytics (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a New York resident, you hereby expressly waive New York State Code §142, which states: “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 not known by him must have materially affected his settlement with the debtor.”
4.3 Notice of Disputes. If you think we have made an error, write to us at Soho Analytics LLC 359 Broadway 4th Flr New York, NY 10013 or contact us at support@HairLibrary.com. In your correspondence, you must give us information sufficient to identify you, your Soho Analytics Account, and the transaction on which you believe an error occurred. You must contact us within thirty (30) days after the transaction occurred. Within ninety (90) days of receiving your request, we will either correct the error or explain to you why we believe the transaction was correct.
5. General Provisions.
5.1 Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOHO ANALYTICS AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOHO ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOHO ANALYTICS SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CIRCL SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SOHO ANALYTICS SERVICES OR SOHO ANALYTICS TECHNOLOGY. IN NO EVENT WILL SOHO ANALYTICS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SOHO ANALYTICS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS ($100).
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 SOHO ANALYTICS SERVICES AND CLOSE YOUR SOHO ANALYTICS ACCOUNT.
5.2 No Warranty. SOHO ANALYTICS SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. SOHO ANALYTICS, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (I) THE SOHO ANALYTICS SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SOHO ANALYTICS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
Soho Analytics will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Soho Analytics makes no representations or warranties regarding the amount of time needed to complete processing because Soho Analytics services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
5.3 Force Majeure. Soho Analytics shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures and Internet disturbances.
5.4 Arbitration. For any users residing in the United States, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Soho Analytics hereby expressly waive trial by jury. The arbitration shall take place in Boston, Massachusetts, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. You agree that disputes between you and Soho Analytics will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
5.5 Amendments. We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date above. The changes will become effective, and shall be deemed accepted by you, after you use the Soho Analytics Services after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Soho Analytics Services and close your Soho Analytics Account. In addition, if the revised version includes a material change (as determined in Soho Analytics’ sole discretion), we will provide you with 30 days’ prior notice via our website. You agree that we shall not liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement or and suspension or termination of your Soho Analytics Account or the Soho Analytics Services.
5.6 Assignment. You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Agreement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
5.7 Survival. Upon termination of your use of the Soho Analytics Services or termination of this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
5.8 Third Party Applications. If you grant express permission to a third party to connect to your Soho Analytics Account, either through the third party’s product or through Soho Analytics, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Soho Analytics responsible for, and will indemnify Soho Analytics from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
5.9 Website; Third Party Content. Soho Analytics strives to provide accurate and reliable information and content on the Soho Analytics website, but such information may not always be correct, complete or up to date. Soho Analytics will update the information on the Soho Analytics website as necessary to provide you with the most up to date information, but you should always independently verify such information. The Soho Analytics website may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by Soho Analytics of any products or services. Soho Analytics shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Soho Analytics website or in any Third Party Content.
5.10 Limited License; Intellectual Property Rights;. We grant you a limited, nonexclusive, non-sublicensable and nontransferable license, subject to the terms and conditions of this Agreement, to access and use the Soho Analytics Services and the Soho Analytics Technology solely for approved purposes as determined by Soho Analytics. Any other use of the Soho Analytics Services or Soho Analytics Technology is expressly prohibited. Soho Analytics and its licensors reserve all rights in the Soho Analytics Services and Soho Analytics Technology and you agree that this Agreement does not grant you any rights in or licenses to the Soho Analytics Services or Soho Analytics Technology except for the limited license set forth above. Except as expressly authorized by Soho Analytics, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Soho Analytics Services or Soho Analytics Technology, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Soho Analytics Services may be terminated pursuant to this Agreement. “HairLibrary.com”, “Hair Library”, and all logos related to Soho Analytics Services are either trademarks, or registered marks of Soho Analytics or its licensors. You may not copy, imitate or use them without Soho Analytics’ prior written consent. All right, title and interest in and to the Hair Library website, any content thereon, the Soho Analytics Services, the Soho Analytics Technology, and all technology and any content created or derived from any of the foregoing is the exclusive property of Soho Analytics and its licensors.
5.11 Unclaimed Property. If Soho Analytics is holding funds in your Hair Library Account and Soho Analytics is unable to contact you and has no record of your use of the Soho Analytics Services for several years, applicable law may require Soho Analytics to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Soho Analytics will try to locate you at the address shown in our records, but if Soho Analytics is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Soho Analytics reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
5.12 Export Controls. The Soho Analytics Services are subject to United States Export Administration Regulations and by using the Soho Analytics Services you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Soho Analytics Services if (i) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods (“Restricted Territories”), (ii) you are on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals (“Restricted Persons”) or (iii) you intend to supply bitcoin or otherwise transaction with any Restricted Territories or Restricted Persons.
5.13 Governing Law; Venue. For users residing in the United States, the laws of the State of New York and applicable United States federal law shall govern this User Agreement, and each party agrees to submit to the personal and exclusive jurisdiction of the courts located in New York, New York, provided that any claims or disputes shall be subject to the arbitration provisions set forth in Section 5.4. For users residing outside of the United States, the laws of Ireland shall govern this User Agreement, and each party agrees to submit to the personal and exclusive jurisdiction of the courts of the Republic of Ireland.
Questions? Concerns? Suggestions?
Please contact us at support@Hair Library.com to report any violations of this User Agreement or to pose any questions regarding this User Agreement or the Soho Analytics Services.
Soho Analytics E-Sign Consent
August 4, 2014
Please be aware that your consent to the electronic delivery of disclosures is required to open a Hair Library Account or use any of the Soho Analytics Services (as defined in the Soho Analytics User Agreement). If you are unable or unwilling to provide such consent, you will not be able to open a Hair Library Account. Once you have opened a Hair Library Account you can rescind your consent to electronic delivery of disclosures at any time and receive paper communications as set forth below.
This E-Sign Consent applies to any and all communications and/or disclosures that Soho Analytics is legally required to provide to you in writing in connection with your Hair Library Account and any related products and services (“Communications”). This E-Sign Consent supplements and is to be construed in accordance with the terms and conditions contained in the Soho Analytics User Agreement (“User Agreement”).
1. Scope. When you use the Soho Analytics Services, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
• Legal and regulatory disclosures and communications associated with your Hair Library Account or the Soho Analytics Services;
• Communications regarding any deposits, withdrawals or transactions; and
• Responses to claims filed in connection with your Hair Library Account
2. Methods of Communication. All Communications that we provide to you in electronic form will be provided by e-mail or by posting to www.HairLibrary.com.
3. Hardware Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have the following software and hardware:
• A valid e-mail address.
• A computer or other device capable of accessing the internet with a current web browser that supports at least 128 bit encryption, such as Google Chrome, Apple® Safari, Microsoft® Internet Explorer, or Mozilla Firefox®. The browser must have cookies enabled.
• The computer must also have a printer or disk drive to print or retain copies of this E-Sign Consent and any Communications.
4. Updating your Information. It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this E-Sign Consent and your Hair Library Account, keep such information up to date. You may update your information by logging into your Hair Library Account or by sending written notice by mail to Soho Analytics 359 Broadway 4th Flr New York, NY 10013.
5. Withdrawing Consent. You may withdraw your consent to receive electronic Communications at any time by sending us a written request by email to support@HairLibrary.com or by mail to Soho Analytics 359 Broadway 4th Flr New York, NY 10013. You understand that any withdrawal of your consent to receive electronic Communications will be effective only after Soho Analytics has had a reasonable period of time to process your withdrawal. You understand that withdrawing your consent to electronic Communications will likely result in the closure of your Hair Library Account.
6. Communications in Writing. All electronic Communications from us to you will be considered “in writing” and shall have the same meaning and effect as a paper Communication. You should print or download for your records a copy of this E-Sign Consent and any other Communication that is important to you. You acknowledge and agree that Communications are considered received by your within 24 hours of the time posted to the Hair Library website, or within 24 hours of the time emailed to you unless Soho Analytics receives notice that the email was not delivered.
7. General. Soho Analytics reserves the right, in our sole discretion, to cancel this electronic Communication service, or to terminate or change the terms and conditions on which Soho Analytics provides electronic Communications. Soho Analytics will provide you with notice of any such termination or change as required by law.
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