Member Agreement

This MEMBER AGREEMENT (the "Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the PrettyQuick online salon and spa appointment booking services (the "Service” or “Services") being offered at https://prettyquick.com and all affiliated websites owned and operated by PrettyQuick, LLC (collectively, the "Site"). As used in this Agreement, "PrettyQuick" or "we" refers to PrettyQuick, LLC and "Member" or "you" refers to you. Please read this Agreement carefully before using the Site. Use of the Services and the Site constitutes a binding legal agreement between you and PrettyQuick without limitation or qualification with respect to the terms and conditions of the Site and PrettyQuick's privacy policy. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You acknowledge that such consideration includes, among other things, your use of the Site and receipt of information and services through the Site. If you do not agree to the terms and provisions of this Agreement, then you may not use the Site.

  1. BOOKINGS

    PrettyQuick provides the Services through the Site to Members for the purpose of assisting Members in locating participating salons and spas (each a "Service Provider"). PrettyQuick provides a real-time bidding platform for you to request specific services and for Service Providers to send individual Members pricing and availability for the desired service in the form of a bid. Following registration, you may choose your own password to access the Services through the Site. With your password, the Service enables you to search for available services and Service Providers in an effort to assist you in booking an appointment convenient for your schedule and location. The availability of appointments is determined at the time of your request and PrettyQuick makes no promises relating to the availability of appointments.

    To book an appointment with a Service Provider, you will enter your credit or debit card information on the Site. PrettyQuick never sends your card information directly to a Service Provider. Your card information is securely stored by a third party payment services provider, Stripe, which encrypts certain sensitive information using Advanced Encryption Standard technology. PrettyQuick retains your card information only in a secure, tokenized format. We take seriously our responsibility regarding the privacy of your card information. After entering your card information, you may request specific spa or salon services and book an appointment by accepting a Service Provider’s bid for those services. Your credit or debit card will not be charged when you book an appointment. If you attend the appointment as planned, the Service Provider will perform a check-out process on the Site following your appointment, you will pay the agreed-upon price for the services, any pricing adjustments for add-on services you request and an automatic 20% gratuity. Stripe will place a hold on your credit or debit card in the final amount submitted by the Service Provider.

    Although PrettyQuick has examined the credentials of Service Providers listed on the Site, PrettyQuick makes no guarantee regarding the skills of the Service Providers or the quality of services provided. It is entirely up to you to determine whether a Service Provider is suited for a particular service. The Service Providers are not employees or agents of PrettyQuick. Should you have a dispute with any Service Provider, you must address such dispute with the Service Provider directly.

  2. CANCELLATION POLICY FOR APPOINTMENTS

    When booking an appointment, we will advise you of the cancellation policy of the Service Provider, and by booking the appointment, you agree to accept and be bound by the cancellation policy of the Service Provider. After booking an appointment, you may cancel only pursuant to the cancellation policy of the Service Provider. We may again communicate the Service Provider’s cancellation policy to you in confirmation emails and reminder emails. However, you are responsible for reviewing the policy prior to any cancellation and are obligated for any charges incurred as a result. Your account with us may be terminated if you fail to honor appointments. In addition, you will not be entitled to any reward points in the event of a violation of the Service Provider’s cancellation policy. A Service Provider may not accept your appointment as a result of a previous violation of its cancellation policy on your part. You agree that all cancellation policy violation determinations and charges to your credit or debit card are fair and reasonable and may be made by PrettyQuick in accordance with the Service Provider’s cancellation policy, and such determination shall be final and binding.

  3. MEMBER INFORMATION

    You agree all information you provide will be accurate, complete, current and truthful to the best of your knowledge. If you provide any information that is not accurate, complete, current or truthful, or PrettyQuick has reasonable grounds to suspect that such information is not accurate, complete, current or truthful, PrettyQuick has the right to refuse your current or future use of the Services (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify PrettyQuick of any known or suspected unauthorized use of your password or account or any known or suspected breach of security including loss, theft or unauthorized disclosure of your password or credit card information. PrettyQuick is not liable for any loss or damage of any kind arising from your failure to provide such notification or for any acts or omissions by you or someone else using your account and/or password.

  4. USE OF THE SERVICES

    You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use or for any purpose other than as described in this Agreement. You agree to use the bidding system to seek availabilities with Service Providers and to honor those appointments by arriving at Service Provider's place of business on time and paying for the services provided by the Service Provider. If additional money, taxes or fees are required for a Service Provider's product or services, you are responsible for paying these unless otherwise stated. We reserve the right to revoke your access to the Site and Services at any time and for any reason by our sole discretion. All information about the Service Providers is confidential and for your personal use only. If it is determined or suspected by PrettyQuick in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or the system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, PrettyQuick reserves the right, in its sole discretion, to immediately terminate your access to the Site without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

    TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS, IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO PRETTYQUICK AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN AN APPOINTMENT BOOKING REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR FICTITIOUS NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO PRETTYQUICK AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.

  5. EMAIL POLICY

    By using the Services, you agree to receive appointment and purchase confirmations by email and/or SMS text after booking an appointment through the Site. Notwithstanding the foregoing, you acknowledge and agree you will still receive appointment confirmation emails, no-show confirmation emails, appointment cancellation confirmation emails and other emails relating to appointments booked by you through the Site, even if you have opted not to receive other periodic email from us. By providing information to us, or by booking an appointment or making a purchase, you agree to being contacted by us and/or by Service Providers for any purposes related to the Services, the Site or an appointment booking request.

  6. TRADEMARKS

    PrettyQuick ™ is a trademark. The PrettyQuick trademark and other marks, logos and names of PrettyQuick, used on or in connection with the Site may not be used in connection with any product or service not under PrettyQuick’s ownership or control. Such trademarks may not be used in any manner likely to cause confusion among customers or in any manner that disparages or discredits PrettyQuick. All other trademarks that appear on the Site which are not owned by PrettyQuick are the property of their respective owners.

  7. LIABILITY LIMITATIONS

    IN NO EVENT SHALL PRETTYQUICK BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (EVEN IF PRETTYQUICK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, APPOINTMENT BOOKINGS, PURCHASES, PRODUCTS, THE SITE OR ANY CONTENT CONTAINED ON THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR APPOINTMENT BOOKINGS OR PURCHASES), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY, ANY ACT OR OMISSIONS TO ACT BY, OR ANY MISREPESENTATION OR BREACH OF WARRANTY BY, ANY SERVICE PROVIDER. PRETTYQUICK ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. PRETTYQUICK ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRETTYQUICK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO PRETTYQUICK OR A SERVICE PROVIDER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

    YOU AND PRETTYQUICK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND PRETTYQUICK AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.

  8. DISCLAIMER OF WARRANTY

    THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE (WHETHER PROVIDED BY PRETTYQUICK, ITS AFFILIATES, OTHER MEMBERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES) ARE PROVIDED TO YOU ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS AND WITHOUT WARRANTY OF ANY KIND. PRETTYQUICK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRETTYQUICK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

  9. RELEASE

    YOU HEREBY AGREE TO RELEASE PRETTYQUICK (AND OUR SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES, THE PRODUCTS, APPOINTMENT BOOKINGS AND ANY OF THE SERVICE PROVIDERS.

  10. THIRD PARTY SITES

    The Site may contain links, clickable icon links, banner ads and other internet links to websites operated by parties other than PrettyQuick. Such links are provided for your convenience only, and PrettyQuick does not control such websites and is not responsible for their content nor can it guarantee the accuracy, completeness or timeliness of information in such third party websites. This Agreement does not apply to your use of any such third party websites. You should review any applicable terms and/or privacy policies of such third party websites and evaluate whether you want to access or use that website. If you decide to access third party websites, you do so at your own risk. PrettyQuick's inclusion of any links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

  11. INDEMNITY

    YOU AGREE TO INDEMNIFY PRETTYQUICK, AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS, AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SERVICES AND PRODUCTS, IN CONNECTION WITH ANY ALLEGED INFRINGEMENT OF INTELLECTUAL PROPERTY, IN CONNECTION WITH THE SITE OR YOUR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

  12. INFORMATION ON THE SITE

    We do not control the information provided by Members or Service Providers. You may find other Members' and Service Providers' information to be inaccurate, harmful or offensive. By using the Services, you assume all of the risks associated with the use of the Site and the Service Providers, and you agree to accept such risks and agree that PrettyQuick is not responsible for the acts or omissions of Members or Service Providers. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials.

  13. NO AGENCY

    By using the Site, you acknowledge and agree that the relationship between you and PrettyQuick is that of independent contractors and not of principal-agent, joint ventures, partners, employer-employee; and no such relationship is intended or created hereby.

  14. SEVERABILITY

    If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

  15. NO ASSIGNMENT

    You may not assign, transfer or delegate any of the rights granted and obligations undertaken hereunder in any manner. PrettyQuick may assign, transfer or delegate any of the rights granted and obligations undertaken hereunder without prior notice.

  16. WAIVER

    Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

  17. JURISDICTION

    This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Illinois, without regard to any choice of law provisions.

  18. PRETTYQUICK GIFT CARD TERMS AND CONDITIONS

    NONRETURNABLE; NOT FOR RESALE: Notwithstanding anything contained in this Agreement, PrettyQuick gift certificates, online gift cards, and online gift codes or promotional codes ("Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of PrettyQuick Gift Cards is strictly prohibited.

    NOT FOR PROMOTIONAL USE: PrettyQuick Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain PrettyQuick's prior written approval.

    NO AFFILIATION WITH PRETTYQUICK: Use of PrettyQuick's name, logo, or trademarks (including any image/likeness of the Gift Cards) in connection with the purchase or use of PrettyQuick Gift Cards is strictly prohibited. Furthermore, the use of PrettyQuick Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, PrettyQuick or any of its subsidiaries or affiliates is prohibited.

  19. TERMINATION OR MODIFICATION OF THE SITE

    PrettyQuick reserves the right, in its sole and absolute discretion, to modify, suspend or discontinue at any time, with or without notice, the Site and/or the Services offered through the Site (or any part thereof).

  20. AMENDMENTS TO THIS AGREEMENT

    PrettyQuick reserves the right at all times to discontinue or modify any provisions of this Agreement and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest that you re-read this important notice containing our Member Agreement and Privacy Policy from time to time to stay informed as to any such changes. If we make changes to our Member Agreement and Privacy Policy and you continue to use our Site, you are agreeing to the Member Agreement and Privacy Policy as modified. Any such modifications shall be effective immediately upon PrettyQuick's posting thereof. If you have any questions regarding this Agreement or PrettyQuick's terms and conditions of use, you may contact us by emailing support@prettyquick.com.

Updated as of March 23, 2013

PrettyQuick Merchant Terms of Service

The following terms of service apply to the services (the “Services”) rendered by PrettyQuick, LLC (“PrettyQuick”) to the salon or spa listed below ("Merchant"). "Appointment" shall mean the dollar amount of the subtotal for each online appointment booking placed using the Services (as defined herein). In addition to the amount payable for the Services, Merchant agrees to pay all credit card processing fees associated with an Appointment.

Merchant, as defined above, by and through the undersigned authorized agent, agrees as follows:

  1. Either Party may terminate this Agreement for any reason upon notice to the other Party.

  2. The term of this Agreement shall begin when the Merchant is "live" on the PrettyQuick Website (https://PrettyQuick.com) ("Live Date") and terminate on the effective date of any termination.

  3. Party owing payments shall remit remaining payments to the other Party within 30 days following the termination of this Agreement.

  4. PrettyQuick shall be an independent contractor of Merchant during the term of this Agreement.

  5. PrettyQuick shall provide certain services to Merchant consistent with PrettyQuick's business practices and at PrettyQuick's sole discretion including marketing, advertising, appointment booking and revenue collection (the "Services").

  6. During the term of the Agreement, Merchant shall make all payments due and owing to PrettyQuick.

  7. Merchant shall provide its bank account information to PrettyQuick via a third party service provider, Stripe, through a secure portion of the Stripe Website (https://stripe.com) by clicking on the “PrettyQuick Payment Settings” link on the Stripe dashboard. Merchant’s bank account information will be stored on PrettyQuick servers only in a secure, tokenized format.

  8. Merchant must provide an accurate copy of its current services menu ("Menu") not later than five (5) days before the Agreement term begins.

  9. Merchant must notify PrettyQuick in writing of any changes to the Menu at least seven (7) business days before such changes go into effect.

  10. Merchant will communicate its cancellation policy to PrettyQuick and agrees that a customer booking an Appointment on the PrettyQuick Website (a “Customer”) may cancel such Appointment pursuant to Merchant’s cancellation policy communicated to PrettyQuick. If a Customer cancels an Appointment, PrettyQuick will charge the cancellation fees, if any, to the Customer as provided in Merchant’s cancellation policy.Twenty-five percent (25%) of any such late cancellation fee or no-show fee shall be payable to PrettyQuick, and the remaining seventy-five percent (75%) shall be payable to Merchant.

  11. Merchant shall “check-out” Customer via the Stripe dashboard following an Appointment after adjusting for add-on services and automatic 20% gratuity. If Merchant fails to follow this check-out procedure, Merchant shall pay to PrettyQuick fifty percent (50%) of the Appointment amount as a fee to PrettyQuick. Merchant's share of revenue from the Appointment will be remitted to the Merchant's bank account within seven (7) days following completion of the check-out procedure.

  12. Merchant shall pay PrettyQuick a commission on the final service price for every Appointment booked through PrettyQuick. Specific agreed commission percentages and terms are set forth within the Merchant's online account settings, which are incorporated herein by reference.

  13. Merchant agrees that Merchant will not cancel an Appointment except in case of emergency. If Merchant must cancel, Merchant shall notify PrettyQuick via email at support@prettyquick.com or via phone by calling 1-888-418-2231. If Merchant cancels an Appointment, Merchant shall pay to PrettyQuick fifty percent (50%) of the Appointment amount as a fee to PrettyQuick.

  14. Merchant acknowledges that any free trial period offered by PrettyQuick terminates as of the effective date of this Agreement.

  15. FOR MERCHANTS IN ALL STATES (EXCEPT FL, GA, MI, UT and VA)


    Merchant shall provide PrettyQuick instructions for computing any sales, use, privilege, gross receipts, excise or other tax due in connection with the sale of services by Merchant through PrettyQuick ("Sales Tax"). PrettyQuick shall compute Sales Tax pursuant to such instructions. PrettyQuick shall collect Sales Tax on behalf of Merchant, shall tender collected Sales Tax to the Merchant, and Merchant shall be solely responsible for (a) verifying that the collected, tendered Sales Tax amount is correct, (b) filing all required Sales Tax returns and associated forms and (c) remitting all required Sales Tax to the appropriate taxing authorities.

    ONLY FOR MERCHANTS IN THE FOLLOWING STATES: FL, GA, MI, UT and VA


    PrettyQuick shall compute any sales, use, privilege, gross receipts, Merchant, excise or other tax due in connection with the sale of services by Merchant through PrettyQuick ("Sales Tax"). PrettyQuick shall collect Sales Tax on behalf of Merchant. PrettyQuick shall be responsible for (a) verifying that the collected, tendered Sales Tax amount is correct, (b) filing all required Sales Tax returns and associated forms and (c) remitting all required Sales Tax to the appropriate taxing authorities.

  16. Merchant warrants that it shall be solely responsible for every claim, allegation, damage, liability, obligation, award, settlement and expense, including without limitation attorneys' fees and court costs (collectively, "Losses") arising in connection with the Merchant's sale of services, including, without limitation, computation and payment of Sales Tax to the appropriate taxing authority (excluding Merchants in FL, GA, MI, UT and VA); compliance with any applicable laws, taxes or tariffs related to internet electronic commerce; compliance with applicable health codes; and all matters concerning quality of the services rendered.

  17. PrettyQuick does not warrant the functions of the PrettyQuick Website will meet Merchant expectations of website traffic or resulting business or that the operation of the PrettyQuick Website or Stripe Website will be uninterrupted and/or error-free. Merchant shall be responsible for all Losses associated with occasional downtime of the PrettyQuick Website or Stripe Website due to line interruptions and/or other instances beyond PrettyQuick's control.

  18. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the conflict of law principles thereof. All disputes related to this Agreement will be submitted to the exclusive jurisdiction and venue of state or federal courts located in Chicago, Illinois, which the parties agree is the most appropriate and convenient for the resolution of disputes related to this Agreement.

  19. PrettyQuick uses Stripe to process credit card payments associated with Appointments and remit payment to Merchant’s bank account. Stripe's Terms of Use at https://stripe.com/us/terms/, which are subject to change, are incorporated herein by reference and Merchant agrees to be bound by said terms.

  20. Merchant grants PrettyQuick an unlimited license, solely for the purposes expressly set forth in this Agreement, to use any information or content related to the Merchant ("Merchant Content"), in connection with the Services, offered or displayed through any form of media.

  21. Merchant will indemnify, defend and hold harmless PrettyQuick, its business units, and each of PrettyQuick's respective officers, directors, shareholders, employees, representatives, successors and assigns, from and against all Losses, to the extent such Losses are related to: (a) any development, operation or maintenance of the PrettyQuick Website done at Merchant's direction or request; (b) any claim that Merchant Content provided by Merchant infringes or misappropriates any third party's copyright, U.S. patent, trademark or other proprietary right; or (c) the breach of any representation or warranty made by Merchant in this Agreement.

  22. This Agreement may be executed in counterparts, in hard copy or electronically, each of which will be deemed an original, but both of which together will constitute one and the same instrument. Merchant may execute this Agreement by checking a digital checkbox in lieu of signing an electronic or hard copy.

This Agreement, including any future Agreement modifications, constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, written and oral, with respect thereto. Merchant agrees that acceptance of any Services shall be subject to the then-current Agreement terms, and continued acceptance of the Services following Agreement modifications confirms that Merchant has read, accepted, and agreed to be bound by such modifications. All Agreement modifications shall be posted on the PrettyQuick Website and shall be effective immediately upon posting.

The undersigned hereby agrees to the terms, conditions and stipulations of this Agreement as an authorized agent of the Merchant.