NSL Experience, LLC (“NSL,” “we”, “our”, or “us”) provides access to the NSL website, currently located at https://www.nslexperience.com and associated subpages, but subject to change at NSL’s discretion (“Site”), and certain features, functionality, and services (including, without limitation, the NSL Salons (“NSL Salons”) offered by us in connection with the Site) (“Services”). These membership terms (“Membership Terms”) govern your access and use of the Site and the Services as an NSL member (“Member”). By submitting a completed Membership application form, as detailed below, you accept and agree to be bound by these Membership Terms in the event that you are approved to be a Member. If you do not agree, you may not access or use the Site or the Services as a Member.
I. General Information.
You must be a Member to access certain NSL-hosted Salons. You may apply for an NSL membership (“Membership”) by submitting a completed application form here. As prompted by the Membership application, you will be required to provide NSL with information about yourself, including your first and last name, your email address, your gender and categories of Services you are interested in. You may also choose to voluntarily add other information to your Membership application, such as your mobile phone number and your desired location and/or time of day for Salons. You represent and warrant that all required Membership application information you submit is truthful and accurate, and that you will maintain the accuracy of such information. Please note that Memberships are subject to limited availability and we may approve, reject or ignore Membership applications in our sole discretion. NSL makes no representations or warranties as to the availability of the Services or Memberships, which may be terminated, canceled or suspended at any time.
II. Membership Fees.
Upon approval of the Membership application (or renewal thereof), the applicable Membership fees become payable immediately. By providing us with payment information, each Member accepts and consents to being charged such Membership fees in the form requested by NSL upon the Membership application being approved (or renewed). It is within our discretion to amend our Membership fees, and we will notify Members in advance if there are to be any changes to the amount, date or frequency of the payment of Membership fees, however such changes shall only apply to an existing Member’s subsequent or renewal Membership period (if any).
III. Membership Benefits.
Currently, we offer two (2) Membership tiers, each of which run for a period of twelve (12) months from the date on which your Membership is approved (or renewed): (a) Basic Membership and (b) VIP Membership. You may apply to purchase either the Basic Membership or the VIP Membership, and if approved by us, you may purchase such Membership as a single Membership or a discounted, couples Membership.
With the Basic Membership, a Member (and, with a couples Membership, one (1) additional Member) is entitled to: (a) at least five (5) NSL Salon invitations to choose from per Membership year (you decide whichever ones (if any) you would like to attend, subject to availability); (b) access to exclusive, Members-only content; and (c) priority scheduling for NSL Salon experts (“Experts”).
With the VIP Membership, a Member (and, with a couples Membership, one (1) additional Member) is entitled to: (a) invitations to all available Members-Only NSL Salons per Membership year, (you decide whichever ones (if any) you would like to attend, subject to availability); (b) approximately fifty (50) NSL Salon invitations to choose from per year; (c) access to exclusive, Members-only content; and (d) VIP priority scheduling for Experts.
We will endeavor to tailor invitations which Members receive to the topics, scheduling and other preferences Members submit to us, but we cannot guarantee that such invitations will always be relevant or feature NSL Salons scheduled at convenient times. Similarly, due to scheduling and space limitations, we cannot guarantee that Members will be able to attend any given NSL Salon.
IV. Membership Obligations.
Commencing upon the effective date of your Membership and continuing for a period of one (1) year following the end of your Membership (“Restricted Period”), you may not, without NSL’s prior written consent: (i) directly or indirectly attempt in any manner to induce or solicit from any past, present, or prospective Expert, client or customer of NSL (e.g., people who host Salons or other events through NSL), or other Member (each, a “Business Contact”) business of the type performed for or by NSL, or to persuade any Business Contact to cease to do business or to reduce the amount of business that any such Business Contact has customarily done or contemplates doing with NSL, or assist or encourage any person or entity in engaging in such activities; or (ii) engage an Expert to perform Services or other services or business for you or any person, attendee or guest to whom Expert or other speaker was introduced or otherwise met during any NSL Salon and/or any other event which is organized or hosted by NSL.
V. Membership Term and Termination
General Terms & Conditions
NSL Experience, LLC (“NSL,” “we”, “our”, or “us”) provides access to the NSL website, currently located at https://www.nslexperience.com and associated subpages, but subject to change at NSL’s discretion (“Site”), and certain features, functionality, and services (including, without limitation, the NSL Salons (“NSL Salons”) offered by us in connection with the Site) (“Services”). These general terms and conditions (“Terms”) govern your access and use (as a subscriber, registered user, member or otherwise) of the Site and the Services. By accessing or using the Site, you accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Site or the Services.
I. Access and Use.
A. Terms of Access and Use.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. By accessing the Site and using the Services, you represent and warrant that you are over eighteen (18) years of age, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Site and the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Site and the Services.
B. Registration and Accounts.
The rights granted to you by these Terms will remain in force no longer than these Terms remain in effect, and may be revoked by NSL at any time, in its discretion. You may not rent, transfer, assign, resell or sublicense access to the Services to any third-party. You further agree not to combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site and/or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms.
You agree not to use the Site and the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (1) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (2) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, without our prior written consent.
E. Links to Third-Party Websites.
You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site (“Third Party Websites”). For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. We may also include links to websites, content and products related to our Experts. If you elect to use such Third Party Websites, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that NSL is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third Party Websites or any transactions or use thereof. Where this Site includes any links to Third Party Websites, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Websites.
As between you and us, we retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. All rights in and to the Site and the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. All trademarks, logos and Services marks (“Marks”) displayed on the Site or Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by NSL.
We may request or allow you to provide feedback, suggestions, comments, ideas and reviews regarding the Site, the Services, or the Experts (collectively, “Comments”). By providing such Comments, you hereby represent and warrant that: (a) all Comments will be original to you or in the public domain; (b) the Comments shall be provided by you in good faith, and shall not be misleading, false, or defamatory of any third party; and (c) NSL’s use of such Comments shall not violate the intellectual property rights of any third party. By providing Comments, you hereby irrevocably assign to us all right, title and interest in and to the Comments and agree that we shall have the right to edit, modify, use, not use, or delete such Comments and related information. We may continue using any Comments you provide after you have discontinued your use of the Site and the Services. We will treat any Comments you provide to us as non-confidential.
II. NSL Events.
A. Event Media.
NSL may, in its sole discretion, record, photograph and/or film any event organized or hosted by NSL (including, without limitation, any Salon) (“Event”). You hereby irrevocably grant to NSL the right to record, photograph and/or film you at such Event at which you appear (whether as a subscriber, registered user or otherwise), or at any such other events and locations as you and NSL may mutually agree upon, and to utilize such recordings, photographs or video content (collectively, “Footage”), in connection with the promotion and marketing of NSL and otherwise in connection with the business of NSL, via any and all media now known or hereafter devised, including, without limitation, as such Footage may be incorporated in podcasts, webisodes, and other digital content distributed by or on behalf of NSL (collectively, “Use Rights”). In addition, you hereby irrevocably grant NSL the right to utilize your name, likeness, image, and/or biographical information submitted or approved by you (as a subscriber, registered user, or otherwise) in connection with the Use Rights.
When attending any Event (whether as a subscriber, registered user or otherwise), you agree to behave in accordance with the highest standards of integrity, respect and professionalism. You agree to refrain from insubordination, dishonesty, intoxication, any other behavior that would, in NSL’s sole discretion, be contrary to social conventions, public morals or decency, or from the commission of any act which degrades you, NSL, or any Expert or client of NSL, or which places NSL, any Expert or any client of NSL into public disrepute, contempt, scandal or ridicule. You further agree not to cause any damage or destruction to any location where an Event takes place and/or to any property located at the site of any such Event.
You acknowledge that you shall not have any rights in and to any and all content or materials furnished, contributed or presented by NSL, an Expert and/or any other speaker (including any trademarks and slogans) at an Event.
III. Membership and Gift Card Terms.
You must be an NSL member (“Member”) to access certain NSL-hosted Salons. You may apply for an NSL membership (“Membership”) by submitting a completed application form here. Please note that Memberships are subject to limited availability and we may approve, reject or ignore Membership applications in our sole discretion. NSL makes no representations or warranties as to the availability of the Services or Memberships, which may be terminated, canceled or suspended at any time. In order to be a Member, you must agree to be bound by our Membership Terms (“Membership Terms”), available above, which shall govern any usage of the Site or Services by a Member.
B. Gift Cards.
You may give the gift of learning to a friend, family or colleague via an NSL e-gift card here (each, a “Gift Card”). Gift Cards may be used solely for booking NSL Salons. Gift Cards expire within one (1) year of the date of purchase. NSL will not be responsible for lost, damaged or stolen Gift Cards or for unauthorized use of any Gift Cards. NSL may refuse or suspend Gift Cards where it suspects fraud, mistake or violation of law. Gift Cards are not debit or credit cards. Gift Cards are not transferable, refundable or redeemable for cash, except where required by law.
Use of the Gift Card is limited to the amount of funds held on the Gift Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. If a Gift Card user makes a purchase and there are insufficient funds held on the Gift Card to cover that purchase, the user must pay the difference by credit card, debit card, check, or cash. Resale of Gift Cards or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Currently, Gift Cards are only valid for use in locations where NSL operates.
IV. Limited Warranties, Disclaimers, Limitations And Exclusions Of Liability.
A. Limited Warranties.
The Services, the Site, and all information, content, materials and services related to the foregoing, are provided “AS IS” and “AS AVAILABLE” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data. If applicable law requires any warranties with respect to the Services, all such warranties are limited to the shortest duration and scope allowable. We and our affiliates do not warrant that your use of the Site or Services will be uninterrupted, error-free or virus free. You will be solely responsible for any damage to your computer system or loss of data that may result from reliance upon the Site or Services, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any Third Party Websites. Furthermore, we make no warranties with respect to any Expert in our database, with regard to availability, suitability, quality, or reliability of that Expert, or otherwise. We do not guarantee the security of any information transmitted to or from the Site or Services; and you agree to assume the security risk for any information you provide using the Site or Services. No representation or warranty is made that the Site or Services provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the Site or Services and from the output of the Site or Services.
B. Limitation of Liability.
Use of our Services and/or the Site are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these Terms, the Services, or the Site, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these Terms, the Services or the Site exceed the greater of (1) fifty dollars (U.S. $50.00) or (2) the amounts you have paid to NSL in the prior six (6) months hereunder, if any. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the Site and the Services to you, and we would not provide the Site or Services to you without this limitation.
You agree to indemnify, hold harmless and, at our option, defend NSL (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any breach of these Terms on your part.
A. Term and Termination.
These Terms will become effective and binding when you use the Site or Services, when you voluntarily provide any information about yourself to us (including, without limitation, your email address), or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I agree to the Terms & Conditions” ) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
B. Jurisdiction and Venue.
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “Claim”) must be brought in a federal or state court located in New York County and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such Claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, we may seek injunctive relief in any court having jurisdiction to protect our intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Site, the Services and/or these Terms must be filed within one (1) year after such Claim or cause of action arose or be forever barred.
C. Modifications to Terms.
We may change these Terms from time to time, and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately upon your assent thereto. Continuing use of the Site and the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
D. Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Services. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth herein.
E. Miscellaneous Terms.
You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
I. General Terms.
II. Collected Information.
A. Types of Information Collected.
NSL may collect and retain both Personal Information, and Non-Personal Information. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, birth dates, information about your debit/credit card and bank account information that we require for the purpose of recording and processing your Membership application, personal preferences, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Non-Personal Information” means data that is not associated with or linked to your Personal Information. Non-Personal Information does not, by itself, permit the identification of individual persons. Such Non-Personal Information may include aggregate, summary, or other anonymous data, such as, for example, statistics regarding popularity of particular pages within the Site, or information regarding types of internet browsers used by to access the Site.
B. Means of Collection and Storage.
NSL collects information, including Personal Information, as required to offer Services as voluntarily provided by you in the course of correspondence or registration with us, and as otherwise identified below.
As a User, you may be required to provide certain information to us that may include Personal Information (e.g., as required if you register for an Account). All such information will be recorded and stored by us, as required to provide the Services. You may unsubscribe, access your Account and edit your Personal Information, or delete your Account and associated Personal Information at any time. Please note that in certain circumstances we may be required by law to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When you or we delete any information, it will be deleted from the active database, but may remain in our archives.
Each User may create or be provided a unique username and password that enable access to the Service. We may track the use of those usernames and passwords in order to collect and maintain records of individual transactions conducted through the Services by Users, and those records may be associated with each User’s individual account profile within our systems.
We may also collect and maintain records of information that you voluntarily provide to us. For example, we may ask you to participate in a survey, and may ask you to provide Personal Information, such as age, gender or other demographic data. If you provide us feedback or contact us via e-mail, we may collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
Our servers may automatically collect Non-Personal Information from Browsers and Users, which cannot be used to personally identify you.
When you visit the Site, we may create “cookies” on your computer for purposes of facilitating and maintaining your current user session, and may collect Personal Information using those cookies in order to enable us to identify you in connection with the Services and to track use of the Services for purposes consistent with this policy. “Cookies” are small files placed on a user’s computer by a website (such as the Site) in order to facilitate use of that website. For example, a cookie may contain information about a user’s preferences, so that the website automatically complies with those preferences whenever the user visits that website.
D. Children’s Privacy.
We do not collect or maintain Personal Information from people we actually know are under eighteen (18) years old. If we later learn that a user is under eighteen (18) years old, we will take steps to remove that user’s Personal Information from our databases and to prevent the user from utilizing the Site and the Service.
III. Use and Disclosure.
A. Communications with Users.
NSL may use Personal Information to communicate with Users as required to provide the Services. These communications are based on the User’s request for Services and/or Membership applications, as applicable. If you do not wish to receive such communications, you may notify us through the Site and discontinue your use of the Services.
We may also use Personal Information to contact Users with NSL promotional materials, requests for comments on the Site and/or Services, and other communications. If you no longer wish to receive such communications, please follow the unsubscribe protocol at the bottom of each communication, or change the settings on your Account through the Site to reflect this preference.
B. Payment Information.
Any credit/debit card payments and other payments you make through this Site (including for Gift Card transactions, NSL Salon bookings, and/or Membership applications) will be processed by our third party payment provider, who is currently Square, Inc. (see https://www.squareup.com) and the payment data you submit will be securely stored and encrypted by our payment service provider using up to date industry standards. Please note that we do not ourselves directly process or store the debit/credit card data that you submit.
We may arrange that card or payment data you submit in support of a Membership application is stored for the purpose of processing your application and initiating your Membership and collecting your Membership fees if your initial application is successful.
We may also store and use this card or payment information for the purpose of processing any future payments that you make as a Member for additional goods and services. We will store this data in accordance with our legal obligations under applicable law and only for so long as legally permitted. You may choose to opt-out of us holding your card or payment data although this means that you will need to re-supply us with card/payment details to initiate your Membership or for the purpose of making any future purchases.
C. Other Uses.
We may use both Personal Information and Non-Personal Information internally when evaluating ways to improve the Site and the Service. As further described below, in limited circumstances we may disclose collected information, including Personal Information, to certain third parties in connection with providing Services, or as required by law.
We may use Non-Personal Information in a variety of ways, including, by way of example, to evaluate the performance of the Site and Service and the general preferences of users, or to generate anonymous statistics for our benefit or for our business partners. We may create Non-Personal Information records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. Because Non-Personal Information is entirely anonymous, and therefore cannot be used by us to identify you, this policy does not limit our ability to use or disclose Non-Personal Information. If you do not consent to such unrestricted use of Non-Personal Information, please refrain from visiting the Site.
If we collect information through the Site and/or the Service that you provide to us voluntarily through online forms or surveys, through e-mail communications or by other means, we will treat that information as described above, as applied to both Personal Information and Non-Personal Information.
E. Third Party Websites.
The Site may contain links to Third Party Websites. Please be aware that we are not responsible for the privacy practices or the content of such Third Party Websites. This privacy statement applies solely to information collected by us through the Site.
F. Security Precautions.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that, although we endeavor to provide security for information in our possession and control, no security system can prevent against all potential security breaches, and we bear no liability for uses or disclosures of Personal Information or Non-Personal Information arising in connection with the theft thereof. Likewise, Users are responsible for safeguarding the confidentiality of passwords to Accounts, and we bear no liability for access to, or use or disclosure of, Personal Information, if such access, use or disclosure arises in connection with the theft or disclosure (whether intentional or negligent) of a password.
IV. Contact NSL.