Terms & Conditions

SPRAYBOOKER.COM  ONLINE SPRAY TANNING SCHEDULING SYSTEM

PLEASE  READ THESE TERMS OF SERVICE.  THEY APPLY TO AND GOVERN YOUR USE OF  THE SPRAYBOOKER.COM SCHEDULING SERVICE.

BY  CREATING AN ACCOUNT AND BECOMING A REGISTERED USER, YOU AGREE TO  ABIDE BY THESE TERMS.

A. OVERVIEW

  1. SprayBooker.com is an online scheduling service designed by a professional airbrush tanning company for use by professional airbrush tanning companies. The sole purpose of SprayBooker.com is to allow you to manage the scheduling of appointments for your airbrush tanning clientele and to organize and manage the resources you need in order to service your clients.

  2. In order to use SprayBooker.com, you must register your company as a Registered User, you must agree to the terms contained in this Terms of Service document, and you must pay the required fees, as posted on the website.

  3. These Terms may be amended from time to time. Any revisions to these Terms will be posted on the website. Your continued use of the SprayBooker.com website constitutes your acceptance of these Terms as well as any amendments to these Terms.

 

B. OWNERSHIP

  1. The SprayBooker.com website, and the entire SprayBooker system and its underlying technology and computer code, and well as the website’s “look and feel” and layout and design, are the sole and exclusive property of Spray Booker, LLC, and they are protected by state, federal, and international laws, including without limitation copyright laws, trademark laws, and patent laws. You cannot duplicate or recreate the website or any part of the SprayBooker.com system or any of its components.

  2. By becoming a Registered User of SprayBooker.com, you receive a license to use the online service. Nothing herein constitutes the sale, transfer, or assignment of the website, the code or graphics contained in the website, or any of the intellectual property rights contained therein.

  3. You may not assign your rights or obligations as a Registered User to anyone else without the written permission of Spray Booker, LLC. Spray Booker, LLC reserves the right to assign its rights and obligations to a third party.

  4. You are prohibited from reverse engineering the website, from copying it, or from making any effort to derive the source code of the website or its underlying functionality.

  5. When you become a Registered User, you will receive a unique URL that will allow you to customize a client-facing website that can include your own business name, logo, and other information specific to your business. Otherwise, you may not host any pages or data from the SprayBooker.com system within your website or any other, you may not frame or link to (including deep link) any pages within the SprayBooker.com website in any other site, and you may not frame the website in your own site. You may not use “scrapers,” “bots,” “spiders” or other automated means or other tools to access the website or to harvest information from the SprayBooker.com system.

  6. We reserve the right to terminate your use of the SprayBooker.com system and cancel your Registered User membership if we believe that you are using the system for any wrongful or fraudulent purpose or if you are violating any of these Terms.

 

C. USE AND PASSWORDS

  1. When you become a Registered User of SprayBooker.com, you will be assigned a Registered User ID and temporary password. You may change your password. It is your responsibility to safeguard your Registered User ID and password. You will be solely responsible for any misuse of your password.

  2. You may use SprayBooker.com solely for your own business purposes.

  3. You may not allow any third party to use your Registered User ID and password.

  4. You may not process any data for any third party nor may you provide any scheduling services to any third party using the SprayBooker.com service.

  5. You may not directly or indirectly operate a business that is competitive with the scheduling service offered by SprayBooker.com. You may not engage in activities which are identical or similar to SprayBooker.com’s scheduling and calendaring business.

  6. You may only use SprayBooker.com for purposes of scheduling airbrush tanning services with your clientele, including the sale of associated products, and not for any other purpose. You may not use SprayBooker.com to schedule any other type of appointment or service.

  7. You must comply with all applicable laws and regulations with respect to the operation of your airbrush tanning business and with respect to your use of the SprayBooker.com service.

  8. You agree to indemnify Spray Booker, LLC and its owners and agents, and to defend and hold them harmless with respect to, any damages that they sustain and any claims made against them related to or arising out of your use of the SprayBooker.com service.

 

D. RESPONSIBILITY, DAMAGES, NO WARRANTIES

  1. You are solely responsible for the accuracy of your scheduling and calendaring activities. You are solely responsible for any errors in scheduling that are not caused by an error or defect in the SprayBooker.com system.

  2. Spray Booker, LLC does not offer any promise, representation, or guarantee that your use of the system will result in any improvement or streamlining of your business or business operations.

  3. Spray Booker, LLC does not offer spray tanning services to you or your clientele, nor does it offer any advice or guidance with respect to the application or provision of spray tanning products or services. You are solely responsible for the application of any spray tanning products and the provision of other services to your clientele, and you will indemnify Spray Booker, LLC and its owners and agents, and to defend and hold them harmless with respect to, any damages that they sustain and any claims made against them related to or arising out of your treatment of your own clientele.

  4. If you chose to use the Reviews feature of SprayBooker.com, your clients will have the ability to post reviews with respect to your spray tanning services. Spray Booker, LLC has the right, but not the obligation, to monitor such reviews and to remove offensive postings.

  5. LIMITATION OF LIABILITY. THE CUMULATIVE LIABILITY OF SPRAY BOOKER, LLC WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE REGISTERED USER FOR THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL SPRAY BOOKER, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, DATA, USE, ANY OTHER ECONOMIC ADVANTAGE OR COST OF COVER INCURRED BY REGISTERED USER ARISING OUT OF ITS USE OF THE SPRAYBOOKER.COM SYSTEM, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SPRAY BOOKER, LLC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPRAY BOOKER, LLC BE SUBJECT TO OR LIABLE FOR ANY PUNITIVE OR EXEMPLARY DAMAGES.

  6. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPRAYBOOKER.COM SYSTEM IS AT YOUR SOLE RISK (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR BUSINESS OR DEVICES YOU EXPERIENCE FROM USING THE SPRAYBOOKER.COM SYSTEM) AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPRAYBOOKER.COM SYSTEM IS PROVIDED ON AN “AS IS,” “WHERE-IS,” AND “WHERE AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SPRAY BOOKER, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SPRAYBOOKER.COM SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPRAY BOOKER, LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SPRAYBOOKER.COM SYSTEM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED BY, THE SPRAYBOOKER.COM SYSTEM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SPRAYBOOKER.COM SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SPRAYBOOKER.COM SYSTEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPRAY BOOKER, LLC OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE SPRAYBOOKER.COM SYSTEM IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE LICENSED APPLICATION OR WITH THE TERMS OF THIS EULA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE LICENSED APPLICATION AND THE CONTENT, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

E. AVAILABILITY AND SECURITY

  1. The SprayBooker.com website is hosted and maintained by Amazon Web Services (“AWS”). AWS uses current best practices to provide reliable uptime, security, protection from unauthorized access, and backup. SprayBooker.com is provided to you with 99% uptime reliability.

 

F. PRIVACY

  1. Information that we collect:

    1. When you create an account as a Registered User, we collect and retain your name, business name and address, email address, and telephone numbers that you provide to us. We retain that information.

    2. We also capture information that is entered by your clients, including the client’s name, address, email address, and phone numbers, as well as information pertinent to the tanning business, including skin type, allergies, reactions, and medicines. We retain this information in a manner that is only accessible by the client who provided it and you, as the Registered User with whom the client is associated.

    3. We may also gather statistical information about our website and Registered Users and their clients, such as IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions, unique visitors and so forth.

  2. What we do with the information that we collect:

    1. We do not sell, trade, or rent out any of the information that we collect with respect to Registered Users or their clients.

    2. We may use the information that we collect to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our content, layout and service specifically for you. We may also use such information to service your account with us, including but not limited to investigating problems, resolving disputes and enforcing agreements with us.

  3. Credit Card Information:

    1. We do not store credit card numbers provided either by you or by your clients. Credit card transactions are processed via Authorize.net, a third party credit card payment processing provider.

 

G. CHANGES AND AMENDMENTS TO THESE TERMS

  1. We have the right to change, amend, modify, and replace these Terms from time to time. Any such changes will be posted on SprayBooker.com. Your continued use of SprayBooker.com indicates your acceptance of any and all changes, amendments, modifications, and replacement of these Terms.