We offer you the web sites, applications, services and content on ScalpDirectory.com and its affiliated sites and services (“Scalp Directory”) on the condition that you agree to the following terms.
EACH TIME YOU ACCESS, USE OR REGISTER FOR Scalp Directory®, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).
You may not use Scalp Directory® if you do not agree to these Terms of Service
In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on Scalp Directory that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third-party providers, licensors and businesses, Agencies (defined below), Clients (defined below) and proprietors that post Content, which include any profiles and listings, on Scalp Directory. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Additional terms may apply to certain subscriptions, purchases, products, services and Content offered by Scalp Directory or a Contributor. If you are purchasing Content through Scalp Directory provided by Dun & Bradstreet, you agree to the terms of the Dun & Bradstreet Supplemental Terms and Conditions provided below.
We will give you the opportunity to review any supplemental terms if you elect to use such products and services. If you do not agree to the additional terms, do not sign up for the additional services.
Google, Inc. provides the map features on Scalp Directory. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
We may make changes to the terms of this Agreement at any time. All modifications will be posted on Scalp Directory properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of Scalp Directory. Your ongoing use of Scalp Directory after the changes take effect signifies your agreement to the new terms.
Scalp Directory offers website and mobile applications, research services, databases, business profile services, Content, business profile services, tools and other consulting services to help businesses grow, which collective we refer to as “Scalp Directory” in this Agreement. We may change, update or discontinue any offering, feature or Content on Scalp Directory at any time and without notice and without liability to you.
Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual membership profile account when you register on Scalp Directory. If you open a membership account, we will give you the ability to set up a profile for your business and use other features of Scalp Directory. In order to register with Scalp Directory, you must meet the following qualifications:
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of Scalp Directory, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
Our Contributors, licensors and we own all rights in the Scalp Directory site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on Scalp Directory. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights in Scalp Directory or its Content.
The Scalp Directory services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use Scalp Directory and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of Scalp Directory not expressly provided in this Agreement.
You may not directly, indirectly or through any intermediary:
You are responsible for all activities under your membership account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through Scalp Directory. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Scalp Directory PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. This Content may be provided by us, our Contributors and members. Do not construe any Content on Scalp Directory is endorsed or verified by our Contributors or us. Scalp Directory is not intended to provide personalized investment or other regulated professional advice. Nothing contained on Scalp Directory should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse the opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on Scalp Directory that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their membership account and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of Scalp Directory or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Scalp Directory offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. You remain the owner of any Content you post on Scalp Directory. However, by submitting Content to Scalp Directory:
If you participate in any feature on Scalp Directory that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty-free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on Scalp Directory. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from Scalp Directory at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use Scalp Directory to submit Content or engage in any conduct that:
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Scalp Directory will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on Scalp Directory. We are not responsible for the loss of any data or Content you elect to store on Scalp Directory.
By submitting Content on Scalp Directory, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on Scalp Directory; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
You agree to pay the applicable fees and charges for membership plans and other purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from Scalp Directory are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on Scalp Directory.
You must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from Scalp Directory, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on Scalp Directory. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
Scalp Directory may change, add or delete any aspect of the Service at any time.
Subscription services will remain available during the subscription period and will not be available after the subscription period ends. In instances wherein an immediate deactivation or refund occurs, the availability of services and content may be terminated immediately.
EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION for SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” Scalp Directory does not guarantee (a) the appearance and/or location of any listing or advertisement, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements.
The Scalp Directory Terms of Service are incorporated by reference and made a part of these terms, including without limitation, all terms related to limitation of liability and indemnification, governing law and venue.
We may offer from time-to-time additional, premium subscription services on Scalp Directory for business owners and marketing organizations. These premium subscription services will be subject to additional terms, conditions, and limitations for the user for such services. You agree that you are bound by these additional terms when you sign up for these premium services. We provide links below to the terms that govern our current offerings of premium subscription services.
We may bundle various products in different subscriptions. You can elect which bundled services you which to purchase when you place an order with us. Any monthly plans for premium subscription services are payable in advance, are not refundable, and may be canceled at any time by you. We may offer special prices for longer-term subscriptions that require longer-term commitments, such as three months, six months or a year. Such plans may not be canceled during the term and are non-refundable. All premium subscriptions renew automatically unless canceled by you before any renewal date. We may modify and change these offerings at any time.
Scalp Directory Premium Business Listing Service is an optional fee-based service provided by Scalp Directory to move your company listing into a higher ranking in the Scalp Directory company browse and search results list for a 30-day (“Monthly”), 3-month (“Quarterly”), 6-month (“Bi-annually), or twelve-month (“Annually”) period. Each category and location combination enables the participant to feature one (1) company text links in category and location combinations. Your Premium Business Listing is billed at the time of submission.
A credit card is required to set-up the Premium Business Listing for the Monthly or annual period. All Premium Business Listings must conform to the Scalp Directory editorial guidelines and must be relevant topically to the category and location. All Premium Business Listings are subject to final approval by the Scalp Directory editorial team, which in their sole discretion may reject a Premium Business Listing request for any reason.
Scalp Directory reserves the right to decide whether, where, and how a Premium Business Listing is listed.
Scalp Directory reserves the right to reject a Premium Business Listing submission.
All fees paid for the Premium Business Listing Service are NON-REFUNDABLE.
Premium Business Listing Service Participation
This Premium Business Listing Service shall be effective on the date you receive an email confirmation that your Premium Business Listing was added to the Premium Business Listing Service and will continue for an initial term (“Initial Term”) of one month or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a one month or one year) each (“Renewal Term”) and the Monthly or annual fee will be billed to your credit card at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Premium Business Listing will remain active until the end of your Initial Term or Renewal Term, unless otherwise terminated by Scalp Directory. If you request that your Premium Business Listing be removed before the end of the Initial Term or Renewal Term for which you have pre-paid the recurring Monthly or annual fee, you agree that Scalp Directory will not be required to refund any portion of such fee.
More specific terms of service for specific premium products are below.
These additional terms govern your subscription and use of Scalp Directory Ads. By signing up for Scalp Directory Ads, you agree to these terms.
These additional terms and the Scalp Directory Terms of Service govern your subscription and use of Listing Manager. By signing up for Listing Manager, you agree to these terms.
The following sets out the terms and conditions on which Scalp Directory Inc. offers you access and use of Scalp Directory Priority Search (the “Service”). Please read these terms carefully.
By registering for Scalp Directory Priority Search, you signify that you accept and agree to the following terms.
If you do not agree, you must not use the Service.
You may not submit content, creatives or advertising materials that (a) violate applicable laws or regulations, (b) violate the rights of others, including copyrights or trademarks of others, (c) are misleading or inaccurate, (d) violate the Scalp Directory Terms of Service, or (d) promote (i) counterfeit goods, (ii) dangerous products or services such as weapons or recreational drugs, (iii) products or services that enable dishonest or unlawful behavior, (iv) obscenity, (v) alcoholic beverages, (vi) gambling related products or services, (vii) certain health-related products and services regulated by law, (vii) certain tobacco and similar products (e.g., such as e-cigarettes) regulated by law, or (viii) other products or services we deem in our sole discretion as being inappropriate or offensive.
All content and information submitted by you for the advertisements shall be subject to Scalp Directory’s character limits, quality standards, Scalp Directory Terms of Services, and other applicable listing policies.
You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of Scalp Directory’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all information, creatives, content and all trademarks and branding associated with your business for the Service.
Scalp Directory may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms. You represent and warrant that all information and authorizations provided by you are complete, correct and current.
The Agreement, as supplemented by the following product terms, governs your use of the Scalp Directory Premium Listing Features. Scalp Directory Premium LIstings are provided by Scalp Directory, Inc. By registering for the Scalp Directory Premium Listing service for a monthly subsciption fee, you agree to these terms and the general terms of the Agreement.
You must provide at your own expense the equipment and Internet connections that you will need to access and use Scalp Directory. Those costs are in addition to any purchases you make from Scalp Directory. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.
We may offer from time-to-time mobile applications and services. If you access Scalp Directory through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and email), web browsing, SMS/MMS alerts and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from ScalpDirectory.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
You acknowledge and agree that any SMS/MMS alerts and messages may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS alerts through automatic dialing technology, artificial and pre-recorded voice. You can reply STOP to any text messages you receive to discontinue the messaging services.
You agree that we may send you “push notifications” through Scalp Directory applications that you may install and use on your devices. You may opt out of receiving push notifications by going to your device settings, click on “notifications”, and then adjust those settings for our applications.
You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.
All Scalp Directory subscriptions are established on automatic renewals. Customers will be charged for their subscription on their renewal date unless we are notified to cancel services via phone at (800) 217-6043 or online request 3 business days prior to the renewal date. After a subscription is canceled, the service will remain active for the duration of the subscription period and then the company profile will revert to a free company profile.
Due to the type of information and services being sold, we, unfortunately, cannot accept returns of articles, profiles, lists or reports once they have been delivered to you. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.
Please be sure to read all available information about a product and our terms of service before you place your order.
Please note that we are available Monday through Friday from 9 am to 6 pm PST, excluding holidays.
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
If you establish a Scalp Directory account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.
You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from Scalp Directory. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.
Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.
We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.
We provide Scalp Directory “as is”, “with all faults” and “as available.” YOUR USE OF Scalp Directory IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about Scalp Directory and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT Scalp Directory AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF Scalp Directory. WE DO NOT GUARANTEE THAT Scalp Directory WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Scalp Directory AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF Scalp Directory. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. 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, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON Scalp Directory, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE Scalp Directory SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR Scalp Directory SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
We may cancel or suspend your access to Scalp Directory at any time, without cause and/or without notice. Your right to use Scalp Directory will end once your service is terminated, and any data you have stored on Scalp Directory may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Scalp Directory. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding Scalp Directory (collectively, “Notices”) or anything related to your use of Scalp Directory. We can send you electronic Notices (1) to the email address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on Scalp Directory’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
You can review these terms at https://www.ScalpDirectory.com/resources/page_terms_conditions/. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.
In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.
This Agreement and any supplemental terms, policies, rules and guidelines posted on Scalp Directory constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio’s conflict of laws rules. You further agree that a court located in Franklin County, Ohio will resolve any disputes or claims that you may have against us.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
c/o Scalp Directory, Inc.
2600 Ashton Blvd
Lehi, UT 84043
By email: help@ScalpDirectory.com
You and Scalp Directory agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST Scalp Directory. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Columbus, Ohio, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Scalp Directory will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Scalp Directory also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Columbus, County of Franklin, or federal court for the State of Ohio.
Last Updated: January 18, 2020
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