Terms of Use

 

This web page represents my Terms of Use and Sale (“Agreement”) regarding the website for Moore Cosmetology, LLC, located at MooreCosmetology.com (“Website”), and the tools Moore Cosmetology, LLC provides you (the “Website” or the “Service”). It was last posted on March 2, 2022. The terms, “I” and “my” as used in this Agreement refer to Moore Cosmetology, LLC. The terms, “You” and “Your” means the person who accepts these Terms of Use, and by so doing becomes an authorized licensee of content published on MooreCosmetology.com.

Moore Cosmetology, LLC may amend this Agreement at any time by posting the amended terms on my Website. Moore Cosmetology, LLC may or may not post notices on the homepage of the Moore Cosmetology, LLC Website when such changes occur.

Moore Cosmetology, LLC refers to this Agreement, the Privacy Policy for Moore Cosmetology, LLC accessible at Privacy Policy, and any other terms, rules, or guidelines on the Website collectively as “Legal Terms” for Moore Cosmetology, LLC. You explicitly and implicitly agree to be bound by the Legal Terms each time you access the Website. If you do not wish to be so bound, please do not use or access the Website.

Limited License

You acknowledge that Fabiana Moore is a licensed cosmetologist and tattoo artist in the State of Florida and the owner of Moore Cosmetology, LLC, MooreCosmetology.com domain name, and responsible for associated website hosting services. Your further acknowledge that Moore Cosmetology, LLC grants you a non-exclusive, non-transferable, revocable license to access and use the Website in order for you to make purchases of electronic documents and related services, not regulated by Chapter 477 Florida Statutes or applicable Department of Business and Professional Regulation (“DBPR”) Administrative Rules governing activities by licensed cosmetologists or tattoo artists, through the Website, strictly in accordance with the Legal Terms.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of the Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Moore Cosmetology, LLC. Note: As used on this Website, the words Moore Cosmetics™ is a working trademark used by Fabiana “Fabi” Moore. You further acknowledge that the use of the working trademark, Moore Cosmetics™, is permitted by virtue of the United States trademark laws. The Moore Cosmetology, LLC website, MooreCosmetology.com, is protected by copyright and trade dress. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on my Website, without the prior written permission of the Intellectual Property owner. Moore Cosmetology, LLC aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Moore Cosmetology, LLC, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior, written permission from Moore Cosmetology, LLC. Moore Cosmetology, LLC prohibits use of any logo of Moore Cosmetology, LLC or any of its affiliates as part of a link to or from any Website unless Moore Cosmetology, LLC approves such link in advance and in writing. Fair use of Intellectual Property owned by Moore Cosmetology, LLC requires proper acknowledgment. Other product and company names mentioned in the Website may be the Intellectual Property of their respective owners.

Links to Third-Party Websites

The Website may contain links to Websites owned or operated by parties other than Moore Cosmetology, LLC. Such links are provided for Your reference only. Moore Cosmetology, LLC does not monitor or control outside Websites and is not responsible for their content. Moore Cosmetology, LLC’s inclusion of links to an outside Website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Moore Cosmetology, LLC’s inclusion of the links imply that Moore Cosmetology, LLC is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Content Disclaimer

Postings on my Website are made at such times as Moore Cosmetology, LLC determines in its discretion. You should not assume that the information contained on the Website has been updated or otherwise contains the most current information. Moore Cosmetology, LLC does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN MY WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Contracts and Legal Advice Disclaimer

You understand that, by engaging in cosmetology or tattooing services offered by Moore Cosmetology, LLC and upon agreement, you may receive applicable legal contracts (“Contracts”) directly from Moore Cosmetology, LLC or other licensed cosmetologists or tattoo artists working with Moore Cosmetology, LLC and disseminated using a designated software platform. You acknowledge that Fabiana Moore is not an attorney or paralegal nor does Fabiana Moore offer legal advice. You acknowledge that Fabiana Moore does not endorse any specific attorney or paralegal or any Contracts as being better than another. Fabiana Moore does not otherwise guarantee the legal accuracy or applicability of any Contracts for Your legal needs. You will at all times seek out legal advice from an attorney or paralegal that you select for guidance on matters which are not understandable by you or Your agent.

General

This License Agreement shall be construed, interpreted and governed by the laws of the State of Florida without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Orange County, State of Florida, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Moore Cosmetology, LLC reserves the right to amend this Terms of Service or Privacy Policy at any time, for any reason, without notice to You other than the posting of the amended Terms of Service or Privacy Policy on the MooreCosmetology.com website. Changes will be effective when posted. The provisions contained in the Terms of Service and the Privacy Policy supersedes all previous notices or policies regarding my privacy practices and the terms and conditions that govern the use of the Service. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties. Either party may provide written notice to the other party relating to this Agreement by email, certified mail, or by overnight messenger with verification of delivery. In the event Moore Cosmetology, LLC is the prevailing party in any suit by or against You to enforce or interpret this Agreement, You agree that, in addition to any other relief that may be appropriate under the circumstances, the court may enter an award in favor of Moore Cosmetology, LLC for attorney’s fees and litigation costs and expenses incurred in prosecuting or defending such litigation and You are responsible for paying any judgment.

No Warranties; Exclusion of Liability; Indemnification

THE WEBSITE IS OPERATED BY MOORE COSMETOLOGY, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MOORE COSMETOLOGY, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR THE WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. MOORE COSMETOLOGY, LLC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER MOORE COSMETOLOGY, LLC OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH MY WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL MOORE COSMETOLOGY, LLC ASSUME LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO MOORE COSMETOLOGY, LLC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, MOORE COSMETOLOGY, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. MOORE COSMETOLOGY, LLC AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH THE WEBSITE.

MOORE COSMETOLOGY, LLC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON MY WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnification

You agree to defend, indemnify and hold Moore Cosmetology, LLC, Fabiana “Fabi” Moore, volunteers, employees, and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your use of the Website or any Contracts you enter, or Services you purchase through or arising out the interaction with Moore Cosmetology, LLC, Fabiana “Fabi” Moore, volunteers, employees, affiliates, using the MooreCosmetology.com website, or integrated software or scripts in use on the website(s) operated by Moore Cosmetology, LLC.

 

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