Terms of Service

Terms of Service

Last updated May 20, 2021

 

Welcome to the website of stylist, Rachel Vallozzi. We appreciate your interest in our services. Rachel is a stylist that works both on commercial shoots (film, tv, etc.) and client’s personal brands. Rachel offers a variety of services that range from styling with the wardrobe you already own to assessing your personal style and needs and starting fresh.

Below you will find the terms and conditions (“Terms” or “Agreement”) of the Rachel Vallozzi Limited Liability Corporation (collectively hereafter referred to as “Company”, “we”, “us”, or “our”) website (also referred to as “Site”), email list subscriptions, online scheduling and other features (collectively referred to as “Services”). To register and/or use our Site and Services, you (the “User”) must be 18 years of age or older and agree to these Terms.

We may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Site. The changes take effect when we post the Terms on the Site.

We always welcome your feedback, comments or concerns. If you have any questions, please contact us at rachel@rachelvallozzi.com.

1. Overview

By accessing our Site or Services, User agrees to the Terms. User is legally bound by this Agreement between the User and Company. The Agreement defines User rights and responsibilities as it pertains to the use of the Site and Services. The Site and Services are operated in the United States of America and access to the services is governed by these Terms under the laws of the State of Pennsylvania and of the United States.

Registration as a User with our Services results in your personal information being stored and processed in the United States, and User specifically consents to allow the storage and processing of your personal data in the United States.

These Terms, together with our Privacy Policy shall constitute the entire agreement between the User and Company as it relates to the use of this website. If User does not agree with any of the Terms of this Agreement or the Privacy Policy, User must not use the Site and Services. 

2. Use of the Services

The Services may contain text, software, scripts, graphics, pictures, data, videos, User-generated information, editorial and other content (the “Content”) accessible by Users. All Content is owned, licensed to and/or copyrighted by Company and may be used only as described in the Terms.

The trademarks, logos, and service marks contained on the Services are owned by or licensed by Company. Company or its licensors retain title, ownership and all other rights to the Content on the Services.

The use of bots, crawlers, spiders, data miners, scraping and other automated data collection tools are prohibited without the approval of Company.

3. User Requirements

 

Users must be 18 years or older to use any Services and provide Company with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.

 

4. Communication Between You (the “User”) and Rachel Vallozzi (the “Company”)

We will generally contact you to let you know about changes to our Services and products related to our Services. You may opt out of our email communications by following the unsubscribe instructions located within the footer of all email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.

5. Disclaimer

Our Content and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use of our Content and Services are at User’s own risk.

Additionally Company makes no representation or warrant that any Content within our Services is accurate, complete, reliable, or error-free. Company does not make representation that the Content or Services is suitable for a particular use by User or one of its’ family members.

Company does not warrant that our Content, Services, servers, or emails are free from viruses or any other harmful components.

Limited Liability. To the fullest extent permissible under applicable law, Company limits our liability. In particular, Company will not be liable for any damages caused unintentionally and will not be liable for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, Company will not be liable to User for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to User. If User is dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as its sole and exclusive remedy, may discontinue using the Site and the Services. Although Company will not be liable for losses caused by any unauthorized use of User account, User may be liable to others as well as to Company if its account is used in violation of the terms and conditions of this Agreement.

Indemnity. User agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) User use of and access to the Sites and Services; (ii) User violation of any term of this Agreement; (iii) User violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that User Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and User use of the Sites and Services.

6. Governing Law; Disputes

By using the Services or the Site, User agrees that the Federal Arbitration Act, applicable federal law, and the law of the State of Pennsylvania, without regard to its principles on conflicts of laws, will govern these Terms, User use of the Site and the Services, and any dispute of any sort that might arise between User and the Company.

If a dispute arises between User and Company, Company’s goal is to provide User a neutral and cost effective way to resolve the dispute quickly. User agrees to first contact Rachel Vallozzi by email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then User and Company agree that any dispute or claim relating to User use of the Services or the Site will be resolved through binding arbitration, rather than in court, except that User may assert claims in small claims court if claims qualify. In addition, User and Company both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, User and Company each waive any right to a jury trial.

User and Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both User and Company agree otherwise, 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. Notwithstanding the foregoing, this arbitration agreement does not preclude User from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Company on your behalf. This entire arbitration provision will survive termination of this Agreement and the termination of User’s use of the Services.

To begin an arbitration proceeding, User must send a certified letter requesting arbitration and describing your claim to Rachel Vallozzi Limited Liability Corporation, 100 1st Avenue, Suite 110, Pittsburgh, PA 15222. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org.

7. Assignment

Company reserves the right to assign or transfer its rights and obligations under this Agreement. These terms are personal to User and, as a result, User may not, without the written consent of Company, assign or transfer any of the rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.

8. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. Company can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.

9. Waiver

Any failure by the Company to enforce any aspect of the terms of this Agreement will not affect its right to require performance at any subsequent time, nor will the waiver by the Company of any breach by User of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

10. Complete Agreement

This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Site, will constitute the complete understanding and agreement between User and Company, and will supersede and cancel any prior or contemporaneous understandings and agreements that relates to the use of this website, except as expressly provided otherwise by the Company.

11. Copyright Complaints

Company respects the intellectual property rights of others and requires that Users do the same. Should User have a copyright complaint, please contact our Customer Service team.

12. Contacting Rachel Vallozzi

 

If you have questions or comments about these Terms of Service, you may email us at rachel@rachelvallozzi.com or contact us by mail at:

Rachel Vallozzi Limited Liability Corporation

100 1st Avenue, Suite 110

Pittsburgh, PA 15222

United States

 

Last updated May 20, 2021