Terms Of Service

The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website and software from www.salonmarketer.io, which shall include, without limitation, the home page, splash page, Software’s and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Presence-Iq. (“Presence-IQ” or “we”or its parent company DRX Marketing). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Membership

If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site. 2. You agree to use this Site for One Business Establishment only. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Presence-IQ and that you will not access Presence-IQ by any other means other than through the interface provided. 3. In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Presence-IQ will always be accurate, correct and up to date. 4. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Presence-IQ. 5. You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage Presence-IQ may suffer. You also agree that Presence-IQ has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach. 6. All memberships/purchases of software are for 12 months and shall automatically renew if you have not cancelled 60 days prior to yearly membership and or are using our membership system taught. 7. All memberships require 60 days cancellation notice and will renew if notice is not given. 8. Any Software, membership use and website accounts maintained by Presence-IQ shall be the property of Presence-IQ and Presence-IQ reserves the right to cancel such if the client is in cancellation or default.

Passwords, Privacy and Security

You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered. 2. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at presence-iq@drxmarketing.com. 3. You acknowledge that you have read, understood and will comply with the terms of our privacy policy and these Terms and Conditions.

Updates to an Order

In order for us to properly execute the update to an order – including but not limited to address changes, change in product to be received or cancellations – we must receive this information before the 1st of a given month in order for it to be effective by the upcoming shipment. After the 1st of the month, we will do our absolute best to accommodate a customer’s request but require that you reach out to us directly in order to complete it.

Cancellations

You may cancel your account by requesting so in an email to presence-iq@drxmarketing.com. You Agree that once canceled you may not use any of the information including membership systems that you acquired as a result of your membership with Presence-IQ. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Presence-IQ site. All members agree that they must give 60 days cancellation notice prior to the end of their contract or said contract shall automatically renew for one year periods.

Transactions

You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Presence-IQ and to Vendors the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact us before purchasing a product.

Money Back Guarentee

Presence-IQ offers a 90 day money back guarantee. Presence-IQ Guarantees that you will earn an amount of income from its systems equal to or greater than the cost of service. The user must have implemented all Presence-IQ systems and prove that the income has not been made with use and or value of said systems. Presence-IQ has the right to determine if such value has been received and what amounts should be refunded and all decisions by Presence-IQ shall be final. Any Monies refunded shall be the amount paid minus any work performed to date.

Services

Presence-IQ has affiliated legal entities that may provide services to you on behalf of Presence-IQ. You acknowledge and agree that such affiliates are entitled to provide services to you. 2. Presence-IQ is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.

Intellectual Property

You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of Presence-IQ, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information. 2. As between you and the Presence-IQ, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. 3. We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by Presence-IQ. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions. 4. Unless specifically requested, Presence-IQ does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Presence-IQ will be deemed not to be confidential or secret. By submitting or sending information or other material to Presence-IQ you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Presence-IQ you grant Presence-IQ the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRESENCE-IQ DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRESENCE-IQ MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRESENCE-IQ OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 2. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PRESENCE-IQ OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF PRESENCE-IQ OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE; • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; • YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND • ANY CHANGE MADE BY PRESENCE-IQ TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Links

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with Presence-IQ of such sites or the content, products, advertising or other materials presented on such sites. Presence-IQ does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Presence-IQ is not 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 such Linked Sites.

Miscellaneous

These Terms and Conditions constitute the whole legal agreement between you and Presence-IQ and govern your use of the Site and completely replace all prior agreements between you and Presence-IQ in connection with the Site. 2. You acknowledge and agree that Presence-IQ may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions. 3. You acknowledge and agree that each subsidiary and affiliate of Presence-IQ shall be third party beneficiaries to the Terms and Conditions and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms. 4. The Terms and Conditions and the relationship between you and Presence-IQ shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Presence-IQ agree that any cause of action, dispute or claim that may arise between you and Presence-IQ shall be commenced and be heard in binding arbitration only. This includes, but is not limited to: • claims arising out of or related to any aspect of the relationship between you and Presence-IQ, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; • claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and • claims that may arise after the termination of these Terms and Conditions. You agree that you and Presence-IQ are each waiving the right to trial by jury or to participate in a class action. You and Presence-IQ 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 or representative proceeding. Further, you and Presence-IQ agree that an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. These Terms and Conditions evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions. 5. You and Presence-IQ each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within Monmouth County in the State of NJ. Notwithstanding any other provision herein, you agree that Presence-IQ shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction. 6. The failure of Presence-IQ to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 7. We control and operate this Site from our offices in NJ. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. 8. When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals. 9. You acknowledge and agree that Presence-IQ may terminate providing any services or the legal agreement between you and Presence-IQ for any reason at any time. If at any time, the relationship between Presence-IQ and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.

Code of Conduct

We continually strive to offer our members a unique and satisfying experience by the finest salon and spa business information available. Accordingly, we reserve the right to cancel or terminate any member’s account for any violation of our Terms and Conditions. Any fraudulent behavior, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on Presence-IQ or to Presence-IQ, our Vendors or any third party, will not be tolerated.