Introduction

The following terms and conditions govern the use of all websites related to online marketing, promotion, and user interactions of Wild Ivy Blow Dry Bar via wildivyblowdrybar.com, which may be referred to as the “Website” throughout the terms below.

Wild Ivy Blow Dry Bar (“Wild Ivy Blow Dry Bar”) is a Utah Company.

The Website is owned and operated by Wild Ivy Blow Dry Bar (“We,” or “Us”).

We may be contacted by the following method:
Wild Ivy Blow Dry Bar
34 North 600 West, Unit E3
American Fork, Utah 84003
admin@wildivyblowdrybar.com

Contact form available at: https://wildivyblowdrybar.com/contact

Wild Ivy Blow Dry Bar’s goal is to give you everything you need to succeed online–a well-designed WordPress website, the best plugins and functionality, and the tools, community, and education you need to put it all together.

These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read and review the terms carefully and reach out via the contact information above for any questions.

These Terms govern your access to and use of Wild Ivy Blow Dry Bar.com and any associated websites, as well as any content and Wild Ivy Blow Dry Bar products and services available through these Websites (collectively, “Services”).

The Website and its use is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Wild Ivy Blow Dry Bar Privacy Policy) and procedures that may be published from time to time on the website by Wild Ivy Blow Dry Bar (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement.

If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Wild Ivy Blow Dry Bar, acceptance is expressly limited to these terms.

Your Account

When your use of the Website requires an account (“Your Account”), you agree to provide us with complete and accurate information for the account and keep the information current. We will need to contact you at various times regarding important disclosures, notices, or other forms of updates, and ensuring your information is correct makes it easier for us to contact you.

You bear the sole liability and responsibility for the activity of Your Account.  You are responsible for keeping the information current as well as managing your password security. You shall not share or misuse your credentials for Your Account. You must immediately notify Wild Ivy Blow Dry Bar of any unauthorized uses of
Your Account, website, or any other breach of security relating to our Services.

It is your responsibility to use your account consistent with the Terms and to follow and abide any and all applicable laws, regulations, or other policies that may be relevant to use of Your Account.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Content & Responsibility of Site Users

In creating Your Account and using our Services or by using this Website without an account, it is your responsibility to not upload, post, share, distribute, perform, copy, or otherwise incorporate unauthorized content onto or into the Website or Your Account.

Wild Ivy Blow Dry Bar cannot and will not be able to review each and every website or form of Content (including, but not limited to, text, photo, video, audio, etc.) (“Content”) on those websites created using our Services, and Wild Ivy Blow Dry Bar is not responsible for any use or effects of such Content.

It is your sole responsibility to avoid infringing on other people’s rights while using our Services and the Website. Intentionally uploading unauthorized content that infringes on a third party’s intellectual property (including, but not limited to, copyright, trademark, patents, and trade secrets) is a material violation of the Terms. Wild Ivy Blow Dry Bar does not endorse or encourage users to infringe on those rights of third parties. You are solely responsible for any liability you accrue in the course of infringing on the intellectual property rights of others or Wild Ivy Blow Dry Bar.

Wild Ivy Blow Dry Bar does not endorse any Content or represent that Content on the Websites is accurate, non-harmful, or compliant with applicable state, federal, or international laws, regulations or other related policies.

See Wild Ivy Blow Dry Bar’s Digital Millennium Copyright Act (“DMCA”) Policy for a greater explanation.
Wild Ivy Blow Dry Bar expressly prohibits and does not endorse or take responsibility on behalf of any visitors of the Website or You:
* Using the Website or any Content located on the Website to harass, stalk, or otherwise cause harm to other users, individuals, or third parties.
* Uploading content that infringes on the intellectual property rights of others.
* Using the Services or Content on the Websites to circumvent any security measures designed to protect third party property or technology.
* Uploading any Content that enables individuals or users to circumvent security measures designed to protect third party property or technology.
* Encouraging or facilitating others (1) to infringe on the rights of others, (2) to harass, stalk, or otherwise cause harm to individuals or other third parties, (3) circumvent security measures of third parties, or (4) to engage in illegal or other unlawful activities.
When engaging with Content, additional third-party terms and conditions may apply to the Content. It is your responsibility to review and abide by those terms and conditions when engaging with the Content.
You are responsible for taking any and all necessary precautions to protect yourself and your computer systems from viruses, Trojan horses, and any other harmful or destructive Content.
We disclaim any responsibility for any harm resulting from any non-Wild Ivy Blow Dry Bar websites.

Fees

Payment of Fees

Wild Ivy Blow Dry Bar will only bill against a credit or debit card you have provided to Wild Ivy Blow Dry Bar either over the phone or via the online portal. An invoice will be issued for each transaction.

Monthly Subscriptions
If you purchase products or services which are ongoing, your credit card will be billed on a monthly basis.  In the event you modify or add services, those services will be reflected on your next monthly invoice.

One-time Purchases
Some of the products or services we provide are not based on a subscription, but are one-time purchases that are not provided on a subscription basis. In the event you purchase a non-subscription product or service, you will be immediately invoiced. Wild Ivy Blow Dry Bar will charge the payment method on file.

Refunds

Wild Ivy Blow Dry Bar provides two different kinds of services:
1. Automated or software driven services, and
2. Bespoke or human-generated services.
Because Wild Ivy Blow Dry Bar may pay licensing or other fees for software driven services, we do not offer refunds on software services.
Refunds may be provided for bespoke services on a case-by-case basis. If work has been performed by one of our staff, or by a third party, we will only refund that portion of your payment for work that has not yet been completed.

Cancellations

In the event you choose to cancel your services with Wild Ivy Blow Dry Bar, any software services will remain open for your use until the end of the monthly billing period. To cancel, you must provide notice, as described below, at least 10 days prior to your monthly billing period.

Notice

Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:

From You to Wild Ivy Blow Dry Bar.

You must provide notice to Wild Ivy Blow Dry Bar via the contact form available at https://wildivyblowdrybar.com/contact/. Attempts to contact Wild Ivy Blow Dry Bar through other means made available on the website will not constitute notice under this agreement.

From Wild Ivy Blow Dry Bar to You.

Wild Ivy Blow Dry Bar will provide notice to You via the email address provided with your notice to Wild Ivy Blow Dry Bar. If Wild Ivy Blow Dry Bar must provide notice to You but no email address is available, Wild Ivy Blow Dry Bar may provide notice through its Website.

Copyright Infringement

Respecting the rights of others is important to Wild Ivy Blow Dry Bar, and we ask that you likewise share that value by respecting others’ intellectual property rights. If you believe that material located on or associated with a Wild Ivy Blow Dry Bar product or service violates your copyright, then please notify us in accordance with our Wild Ivy Blow Dry Bar’s Digital Millennium Copyright Act (“DMCA”) Policy.

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wild Ivy Blow Dry Bar users or others.

If you are deemed to be a repeat infringer, then we will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property

The Agreement does not transfer from Wild Ivy Blow Dry Bar to you any Wild Ivy Blow Dry Bar or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wild Ivy Blow Dry Bar. Wild Ivy Blow Dry Bar, wildivyblowdrybar.com, the Wild Ivy Blow Dry Bar logo, and all other trademarks, service marks, graphics, and logos used in connection with wildivyblowdrybar.com or our Services, are trademarks or registered trademarks of Wild Ivy Blow Dry Bar or Wild Ivy Blow Dry Bar’s licensors.

Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wild Ivy Blow Dry Bar or third party trademarks.

Third Party Services

In using the Services, you may enable or use services, products, software (like themes or plugins), embeds, services, or applications developed by a third party or yourself (“Third Party Services”) on your website.
If you use any Third Party Services, you understand that:
* Third Party Services are not vetted, endorsed, or controlled by Wild Ivy Blow Dry Bar.
* Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
* Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
* Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
* Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
* If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Wild Ivy Blow Dry Bar policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your wildivyblowdrybar.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” Wild Ivy Blow Dry Bar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purposes and non-infringement. Neither Wild Ivy Blow Dry Bar, nor its suppliers or licensors, makes any warranty that our Services will be error free or that access to the Services will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services though our Services at your own discretion and risk.

Jurisdiction and Applicable Laws

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the Commonwealth of Virginia, United States of America, excluding its conflicts of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Utah County, Utah.

Arbitration Agreement

You and Wild Ivy Blow Dry Bar agree that any dispute, claim, or controversy between you and Wild Ivy Blow Dry Bar arising in connection with or relating in any way to these Agreements or to your relationship with Wild Ivy Blow Dry Bar as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Wild Ivy Blow Dry Bar further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements

Limitation of Liability

In no event will Wild Ivy Blow Dry Bar, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Wild Ivy Blow Dry Bar under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Wild Ivy Blow Dry Bar shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Wild Ivy Blow Dry Bar, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

Merger; Entire Agreement; Waiver

The Agreement constitutes the entire agreement between Wild Ivy Blow Dry Bar and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wild Ivy Blow Dry Bar may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes or Modifications to Terms

We, from time to time, revise and update the Terms for our Websites based on changes in Services and applicable laws and requirements. It is your responsibility to monitor the Terms to in the event the Terms change. We will notify you, or make a reasonable attempt to notify you via the contact information you provide to us in Your Account, or we will let you know by posting a note on our Website. The note or communication will include the nature of the changes and the period in which they will become effective. If you disagree with the amended provisions, then you should no longer use our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose, including the Arbitration Section.

Last Updated: 4/22/2021