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Privacy and Legal
Disclaimer
Updated 10/5/08: Kenneth's Studio for Hair knows that the privacy of the
personal information that we receive about you is important to
you. We understand that you trust us to protect the
confidentiality and security of that information. The
information we collect about you is used only to provide the
services that you request from us.
This notice informs you of our privacy policy and describes
how we treat the information that we receive about you.
Kenneth's Studio for Hair collects nonpublic personal information about you
only in connection with providing you services that you
request. The types of nonpublic personal information that we
collect vary according to the services we perform for you, and
may include:
* Information that we receive from you (such as your name,
address, social security number and other household
information);
* Information about your relationship with us (such as the
types of services we provide to you, your invoice balances,
and your payment history); and
* Information that we receive, with your authorization, from
third parties.
Kenneth's Studio for Hair does not disclose any public or nonpublic personal
information about you that you have provided to us to anyone
outside of our company, except as authorized by you or as
required by law. In addition, we will release information to
the extent required by law or regulation. We do not sell
client information to anyone or disclose client information to
marketing companies.
We restrict access to public and nonpublic personal
information about you that you have provided to us to those
Kenneth's Studio for Hair staff members who need to know the information to
provide services to you. All Kenneth's Studio for Hair employees are required
to maintain the confidentiality of all nonpublic personal
information about you.
Legal Disclaimer: The information contained within this site
should not be considered as legal advice.
PRIVACY AND USE
Kenneth's Studio for Hair maintains all records and is responsible for
updating data.
This Web site and any information included is for personal use
only. Any information relating to alumni for any other
purpose, including but not limited to, reproducing and storing
in a retrieval system by any means, electronic or mechanical,
photocopying or using the addresses or other information for
any private, commercial or political mailing or contact, is
strictly prohibited, is in direct violation of copyright and
would constitute misappropriation of corporate property.
All information contained herein remains the property of the
Kenneth's Studio for Hair. The data contained on this Web site may not be
reproduced in whole or in part by any person or entity without
the express written permission of the Kenneth's Studio for
Hair. The Kenneth's Studio for Hair have attempted to verify and correctly state the
information contained herein. However, the Kenneth's Studio
for Hair and its
webmasters disclaim all liability and responsibility for the
accuracy of this information. In addition, circumstances may
have rendered some information herein obsolete prior to the
date of the publication or prior to the time the information
is reviewed by the reader.
A FEW WORDS ABOUT YOUR PRIVACY
Kenneth's Studio for Hair has adopted these guidelines to ensure customer
privacy and protect personal data.
1. Information Collection and Use
We will ask you when we need information that personally
identifies you or allows us to contact you. Such information
may be requested when you update your files, join the Alumni
Association, make donations or similar activities. Your
information may be used for the following purposes:
*
To make the site easier for you to use and navigate
*
To help you quickly access services or information on our
website.
*
To help us create content relevant to you
*
To alert you to site updates, new features and
Association-related benefits and offers
2. Updating Personal Files
If you choose not to update your personal files, you will
still be able to access content. However, you may not be able
to access areas or sources that require personal file
information.
3. Personal File Updates
We provide you with the means to ensure that your personal
information is correct and current.
4. Security
Kenneth's Studio for Hair protects the security of your personal information
and honors your choices for its intended use. We carefully
protect your data from loss, misuse, unauthorized access or
disclosure, alteration or destruction. Personal information
will be used for Kenneth's Studio for Hair business purposes only.
5. Newsletter Mailings
You have the right to control whether you receive updates
through our University-powered or third-party newsletter and
emailing services.
6. Feedback
If you believe Kenneth's Studio for Hair has not has not adhered to the
principles above, please notify us by email. We will do our
best to determine and correct the problem promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the Kenneth's Studio for Hair WebSite ("the Service"), you
signify your agreement to all terms, conditions, and notices
contained or referenced herein, the Terms of Service ("TOS").
If you do not agree to the TOS, do not use this Service. We
reserve the right, at our discretion, to update or revise the
TOS. Please check the Terms periodically for changes.
Kenneth's Studio for Hair provides its service to you, subject to the following TOS, which may be updated by us from time to time without
notice to you. In addition, when using particular Kenneth's
Studio for Hair
services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Your continued use of
this Service following the posting of any changes to the TOS
constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICE
Kenneth's Studio for Hair currently provides users with access to online
resources. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
including the release of new Kenneth's Studio for Hair properties, shall be
subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Kenneth's Studio for
Hair assumes no
responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, Kenneth's Studio
for Hair
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES,
AND DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
b.Kenneth's Studio for Hair MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Kenneth's Studio for Hair OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER Kenneth's Studio for Hair NOR ANY OF ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY
WARRANTY. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF Kenneth's Studio for
Hair HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE
RESPECTIVE LIABILITY OF Kenneth's Studio for Hair, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
LAW. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Kenneth's Studio for Hair SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF Kenneth's Studio for Hair HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (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 SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
3. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Kenneth's Studio for Hair, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via
the Service. Kenneth's Studio for Hair does not control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will Kenneth's Studio for Hair be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited
to, a Kenneth's Studio for Hair official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with
a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such
purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
j.
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;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that Kenneth's Studio for Hair does not pre-screen Content,
but that Kenneth's Studio for Hair and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or
move any Content that is available via the Service. Without
limiting the foregoing, Kenneth's Studio for Hair and its designees shall
have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Kenneth's
Studio for Hair or
submitted to Kenneth's Studio for Hair, including without limitation
information in Kenneth's Studio for Hair Links, News, and in all other parts
of the Service.
You acknowledge and agree that Kenneth's Studio for Hair may preserve Content
and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Kenneth's Studio for
Hair, its users
and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
Kenneth's Studio for Hair does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion
in the Service, you grant Kenneth's Studio for Hair an unlimited, world-wide,
royalty free license.
7. INDEMNITY
Upon a request by Kenneth's Studio for Hair, you agree to defend, indemnify,
and hold harmless Kenneth's Studio for Hair and other affiliated companies,
and their employees, contractors, officers, and directors from
all liabilities, claims, and expenses, including attorney's
fees, that arise from your use or misuse of this Service.
Kenneth's Studio for Hair reserves the right, at it 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 Kenneth's Studio for Hair in asserting any available defenses. Further,
you agree to indemnify and hold Kenneth's Studio for Hair, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Kenneth's Studio for Hair may establish general
practices and limits concerning use of the Service, including
without limitation the maximum number of days that email
messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the
maximum disk space that will be allotted on Kenneth's Studio
for Hair's
servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service in
a given period of time. You agree that Kenneth's Studio for
Hair has no
responsibility or liability for the deletion or failure to
store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
Kenneth's Studio for Hair reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that Kenneth's Studio for Hair reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Kenneth's Studio for Hair reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You
agree that Kenneth's Studio for Hair shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
Kenneth's Studio for Hair reserves the right, in its sole discretion, to
terminate your access to all or part of this Service, with or
without notice. You agree that Kenneth's Studio for Hair, in its sole
discretion, may terminate your use of the Service, and remove
and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if Kenneth's
Studio for Hair believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. Kenneth's
Studio for Hair 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 TOS may be
effected without prior notice, and acknowledge and agree that
Kenneth's Studio for Hair 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 Kenneth's Studio for Hair shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and such advertiser. You agree that Kenneth's
Studio for Hair
shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
NOTE THAT ALL MERCHANDISE SOLD OR GIVEN AWAY ON THE Kenneth's
Studio for Hair
WEBSITE ARE PROVIDED BY ADVERTISERS AND NOT Kenneth's Studio
for Hair,
REGARDLESS OF THE APPEARANCE OR BRANDING OF THE PRODUCT
OFFERING OR ADVERTISEMENT ON THE Kenneth's Studio for Hair WEBSITE. IF YOU DO
NOT WISH TO DEAL WITH SUCH ADVERTISERS, DO NOT PURCHASE ANY
ITEMS FOR SALE OR ACCEPT ITEMS ON THE Kenneth's Studio for
Hair WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Kenneth's
Studio for Hair
has no control over such sites and resources, you acknowledge
and agree that Kenneth's Studio for Hair is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree
that Kenneth's Studio for Hair shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such
site or resource.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
24. GENERAL INFORMATION
This TOS shall be governed by and construed in all respects by
the laws of the State of Louisiana, as such laws are applied
to agreements entered into and performed entirely within the
State of Louisiana and between Louisiana residents. If any
provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck to the extent of
such invalidity or unenforceability, and the remainder
thereof, as well as the remaining provisions of the Terms
shall be fully enforced. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of
or relating to these TOS or your use of this Service shall be
filed only in the state or federal courts located in the State
of Louisiana, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of
litigating any such claim or action. The TOS constitute the
entire agreement between you and Kenneth's Studio for Hair and govern your
use of the Service, superceding any prior agreements between
you and Kenneth's Studio for Hair. You also may be subject to additional
terms and conditions that may apply when you use affiliate
services, third-party content or third-party software.. The
failure of Kenneth's Studio for Hair to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 the TOS remain in full
force and effect. You agree that regardless of any statute or
law to the contrary, any contract arising out of or related to
use of this Service provided by Kenneth's Studio for Hair or otherwise
arising out of or related to the provisions and conditions of
the TOS, must be filed within one (1) year after such claim or
cause of action first arose or shall be forever barred. The
section titles in the TOS are for convenience only and have no
legal or contractual effect.
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