Last Updated: February 28, 2024

Welcome to DBBA: The Department of Beauty Bureau Agency (DBBA), LLC (“we,” “us”, “our”) provides this web site, encompassing www.ncDBBA.com and all affiliated sites and services, and authorized mobile phone applications (collectively referred to as, the “Site”, “Platform”) contingent upon your adherence to the terms and conditions outlined in this agreement (the “Agreement”). This Agreement establishes the terms governing the interaction between the Department of Beauty Bureau Agency (DBBA), LLC and you, whether you are a visitor, member, user, non-member, or customer (“you”), with respect to your use of the Site. It is imperative that you carefully read and comprehend the provisions of this Agreement. By utilizing the Site, you express your consent to be bound by the terms of this Agreement. If you do not concur with these terms and conditions, kindly refrain from using the Site. Additionally, we recommend reviewing the Department of Beauty Bureau Agency (DBBA), LLC’s Privacy Policy

Acceptance of Terms:

• By using the DBBA website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. These terms apply to all users, including visitors, members, and any others who access or use the website.

Amendments:

• DBBA reserves the right to modify, alter, or update these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically for changes. Continued use of the website after any modifications indicates acceptance of the updated terms.

Use of the Website:

• Content: All content provided on the DBBA website is for general informational purposes only. We reserve the right to change, suspend, or discontinue any aspect of the website at any time.
• User Accounts: To access certain features of the website, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or device.
• User Conduct: Users agree not to engage in any activities that may disrupt or interfere with the proper functioning of the website. This includes but is not limited to hacking, transmitting viruses, or any other harmful code.

Membership:

• Eligibility: Membership on the DBBA website is open to individuals who meet the specified criteria. DBBA reserves the right to accept or reject membership applications at its discretion.
• Membership Benefits: Members may be entitled to additional benefits and services. These benefits are subject to change, and DBBA is not obligated to provide any particular benefit.

Who May Use the Platform / Subscriptions:

• Except for the free Starter version of the DBBA Platform, your right to use the Platform is contingent upon timely payment of the required fees.
• Applies to all Salon Premium Business Membership Plans (Diamond Dazzle Deluxe), Licensure’s Golden Support (Gold Glamour Grandeur), Educational Institutions Exclusive Membership Plans (Beauty Education Boost), and Other Sectors Exclusive Membership Plans (Beauty Cliental Connections) members.
• Receive a subscription upon payment, while Claim your Profile is free and users may use the Platform without a subscription.
• All users must adhere to these terms. You agree to use the Platform only as permitted by these Terms.

Things You May Not Do Regarding the Platform:

• You are solely responsible for your use of the Platform.
• Prohibited activities include sharing your log-in credentials, violating applicable laws, engaging in email solicitation, mass emailing, spamming, phishing, and more.

Forms and Submissions:

• You are responsible for the content you create or generate on the Platform.
• When you make content public, you grant DBBA a worldwide, sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content on our websites.

Account Creation & Security:

• You must provide valid information for the signup process.
• Sharing login credentials is prohibited.
• Maintain the security of your account, and refrain from accessing the DBBA Platform through automated methods.

Payments, Renewals, etc.:

• Payments: It is your responsibility to cover any taxes applicable to your subscription. DBBA facilitates payments through third-party processors.
• Automatic Renewal: Subscriptions undergo automatic renewal unless specifically canceled or downgraded by the user.
• Upgrades/Downgrades: The decision to upgrade or downgrade impacts the features included in your subscription. It’s essential to note that all purchases are deemed final. DBBA strictly adheres to a non-refund policy once transactions are completed.

Use of Data:

• You are solely responsible for the Data you collect.
• DBBA has the right to access, use, and display Data to provide the Platform, customer support, protect Data, and fulfill legal obligations. Refer to the privacy policy for more information.

Privacy:

• DBBA is committed to protecting your privacy. Our Privacy Policy outlines how your personal information is collected, used, and protected. By using our website, you consent to the terms of our Privacy Policy.

Intellectual Property:

• Ownership: All content on the DBBA website, including text, graphics, logos, images, and software, is the property of DBBA or its content suppliers and is protected by applicable copyright and trademark laws.
• Use of Content: Users may download and print content for personal and non-commercial use only. Any other use, including reproduction, modification, distribution, or republication, without prior written consent from DBBA, is strictly prohibited.

Limitation of Liability:

• DBBA, its directors, officers, employees, or agents are not liable for any damages, including direct, indirect, incidental, special, or consequential damages, arising from the use of or inability to use the website or its content.

Limitation on Types of Damages:

• DBBA is not liable for certain damages, including lost profits or indirect damages.

Links to Other Websites:

• The DBBA website may contain links to third-party websites. These links are provided for convenience and do not imply endorsement or approval of the linked sites. DBBA is not responsible for the content or practices of linked websites.

Governing Law:

• These terms and conditions are governed by and construed in accordance with the laws of North Carolina. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of North Carolina.

Contact Information:

• If you have any questions or concerns about these terms and conditions, please contact us at info@ncdbba.com.

Term and Termination:

• You may use the Platform during your paid subscription period.
• Material breach may result in immediate and permanent termination of access.

Termination:

• DBBA reserves the right, at its sole discretion, to terminate or suspend your access to all or part of the website for any reason, including a breach of these terms and conditions. Upon termination, you must cease all use of the website, and any provisions of these terms that are intended to survive termination shall continue to apply.

User-Generated Content:

•  Responsibility: Users may contribute content to the DBBA website, including comments, reviews, and forum posts. You are solely responsible for the content you submit, and it must comply with applicable laws and these terms.
• Moderation: DBBA reserves the right to moderate, edit, or remove user-generated content that violates these terms or is deemed inappropriate. We may also suspend or terminate the accounts of users who repeatedly violate these terms.

Indemnification:

• You agree to indemnify and hold DBBA, its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorney’s fees, arising out of your use of the website, your violation of these terms, or your infringement of any intellectual property or other rights.

No Warranties:

• THE SERVICES ARE PROVIDED AS-IS. DBBA IS NOT LIABLE for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and for Data you collect from form submissions, whether or not you personally posted, gathered, or received the Data.

Entire Agreement:

• These terms and conditions constitute the entire agreement between you and DBBA regarding your use of the website and supersede any prior agreements or understandings, whether oral or written.

Severability:

• If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

Waiver:

• The failure of DBBA to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

Updates:

• These terms and conditions may be updated periodically. You are responsible for reviewing the latest version, which will be posted on the DBBA website. Your continued use of the website after any modifications constitutes acceptance of the updated terms.

Dispute Resolution:

• In the event of any dispute arising from or relating to these terms and conditions, the parties agree to make a good-faith effort to resolve the dispute amicably through negotiations. If the parties are unable to reach a resolution within a reasonable time, any unresolved disputes shall be subject to mediation or arbitration in accordance with the rules of The Department of Beauty Bureau Agency, and the decision of the arbitrator shall be final and binding.

Changes to the Website:

• DBBA reserves the right to make changes or updates to the website, including content, features, or functionalities, at any time without notice. DBBA is not liable for any consequences resulting from such changes.

Third-Party Services:

• DBBA may engage third-party services or platforms to enhance the user experience. Users acknowledge and agree that these third-party services may have their own terms and conditions, and DBBA is not responsible for any interactions or issues arising from the use of such services.

Accessibility:

• DBBA is committed to ensuring the accessibility of its website to users of all abilities. If you encounter any accessibility issues or require assistance, please contact us at info@ncdbba.com.

Electronic Communications:

• By using the DBBA website, you consent to receive electronic communications from us. These communications may include notices, updates, and other information. You agree that all agreements, notices, disclosures, or other communications provided electronically satisfy any legal requirement that such communications be in writing.

Headings:

• The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these terms.

Reserved Rights:

• DBBA reserves all rights not expressly granted in these terms and conditions. Any rights not expressly granted herein are reserved.

Acknowledgment of Understanding:

• By using the DBBA website, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by their terms. If you do not agree with any part of these terms, please refrain from using our website.

Applicable to NON-Member

 Access and Usage:

• Community Access: As a non-member user with free customer access, you are granted permission to use the DBBA community features, including accepting notifications, reporting complaints, and writing reviews.
• Complaint Reporting: You may report dissatisfactory salon service experiences through the designated channels provided on the DBBA platform.
• DBBA Advantage Referred Deal: By accepting the DBBA Advantage Referred Deal, which may include refer and discount services, you agree to the terms outlined in this document.

 Agreement Not to Proceed with Further Actions:

• Commitment Against Further Actions: In accepting the DBBA Advantage Referred Deal, you commit not to proceed with any further actions against salons or service providers on any other platforms or regulatory authorities.
• Undoing Negative Actions: If you have taken negative actions, such as posting negative reviews, you agree to undo or remove such actions before contacting DBBA to address the situation.

Code of Conduct:

• Responsible Use: Users must engage in responsible and respectful conduct when using the DBBA community. This includes refraining from any actions that could harm the reputation of salons or service providers.
• Agreement Compliance: By participating in the community, you agree to comply with the DBBA Advantage Referred Deal and other applicable agreements.

Privacy Policy:

• Personal Information: The collection, use, and protection of personal information are governed by the DBBA Privacy Policy. By using the platform, you agree to the terms outlined in the Privacy Policy.

Notifications and Communication:

• Acceptance of Notifications: By using the DBBA community, you agree to receive notifications related to your account, updates, promotions, and other relevant communications.

Other Provisions

Modifications to the Platform:

• DBBA retains the right to alter the Platform, cease offering it, with or without notice to you. While we continually strive to enhance the Platform, we do not guarantee the perpetual availability of specific features or functionality during your use of the Platform. DBBA is not liable to you or any third party for any such modifications or changes.

Email Delivery of Submissions:

• Upon the submission of one of your forms by a third party, we typically send you an email notification to your registered email address. However, due to internet-related issues beyond our control, we cannot ensure the guaranteed receipt of such notifications. We recommend using DBBA mobile apps for iPhone, Apple Watch, or Android and checking your account daily to avoid missing any notifications.

Form Availability:

• DBBA does not warrant that forms provided by the Platform or those you create will be available 100% of the time or error-free. Any issues, problems, or damage resulting from mistakes or errors in creating or using a form or the Platform are solely your responsibility.

Other Email Communications:

• By providing your email address to DBBA, you consent to receiving occasional administrative, announcements, newsletters, sales, and marketing emails. You can opt out of these emails by clicking the “unsubscribe” link at the end of the emails.

Trademarks / Use of DBBA Links:

• You may not use or display the DBBA trademark or logo without our written permission. If you include a link to a DBBA website in your form(s), the link(s) must not falsely suggest affiliation with any person, entity, or product. The appearance, position, and other aspects of any DBBA links should not damage or dilute the goodwill associated with the DBBA name and trademarks. All links must point to the URL “www.DBBA.com,” and not to other pages within the Website. Links, when clicked from your form(s), must not display the website within a “frame” on the linking website or any other website.

 Assignment:

• You may not assign any or all of your rights or obligations under this Agreement without prior written consent from DBBA. If consent is given, you agree to ensure the assignee agrees in writing to the terms of this Agreement.

Relationship of the parties; No Third-Party Beneficiaries: T

• he parties are independent entities, and nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship. There are no third-party beneficiaries to this Agreement.

Choice of Law:

• This Agreement is governed by the laws of the State of North Carolina, excluding its conflicts of law provisions, and of the United States if the issue is federal. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Disputes / Arbitration:

• All disputes between the parties shall be finally resolved by binding arbitration. The arbitration shall be under the auspices of www.ncdbba.com in Raleigh, NC, or the ICC (International Court of Arbitration) if filed outside the US. The parties agree to waive claims for injunctive relief in arbitration. If the dispute is decided in court, and for non-arbitrable disputes, both parties voluntarily waive a trial by jury.

Limitations Period:

• No claim shall be initiated more than one year after the cause of action arises.

Manner of Giving Notice:

• Notices regarding this Agreement shall be in writing and addressed to info@ncDBBA.com

Force Majeure:

• DBBA is not liable for any delay or failure to perform due to circumstances beyond reasonable control, including acts of God, government acts, pandemic, natural disasters, civil unrest, acts of terror, labor strikes, and denial of service attacks.

Entire Agreement:

• This Agreement, along with its Attachments, represents the entire agreement between the parties regarding the subject matter. It supersedes all prior agreements, proposals, and representations, whether written or oral.

Severability; Construing; Counterparts:

• If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

Effect of Termination:

• Upon subscription expiration or termination for any reason, cease all access to and use of the DBBA Platform. Termination does not affect your obligations under this Agreement, which survive termination. DBBA may discontinue hosting your forms and delete Data according to internal policies.

Modifications To Terms:

• DBBA may, at its discretion, modify these Terms. Continued use after notice indicates acknowledgment and agreement to the changes.

Links:

• You acknowledge that DBBA does not endorse or bear responsibility for any third party’s website, product, or service mentioned or linked on our website or in connection with the Platform.

Contracting Entity / Court Jurisdiction:

• The applicable DBBA entity and laws depend on your location. References to “DBBA,” “we,” “us,” and “our” pertain to the specific DBBA contracting entity.

No Waiver / Headings / Survival of Terms:

• DBBA’s failure to enforce any right or provision does not waive it. Invalid provisions should be modified to fulfill the original intent. Sections 2, 3, and 5-12 survive termination.

Third Party Vendors:

• By using third-party services, you consent to necessary actions for service performance, with no additional authorization required.

Privacy / Tracking:

• By visiting the Website or using the Platform, you acknowledge our use of tracking technologies as per our Privacy Policy and Cookie Policy. As stated in our Privacy Policy at ncDBBA.com/privacy and our Cookie Policy at www.ncDBBA.com/cookie-policy/, we utilize tracking technologies to better understand visitor and user behavior. By visiting the Website and/or using the Platform, you waive any and all claims against us arising out of our use of those technologies.

Acceptance of Terms:

By accessing or using the DBBA platform, you are acknowledging your agreement to be bound by these Terms and Conditions. If you disagree with any part of these terms, please refrain from using the platform.

DBBA Advantage Deal Acceptance:

• As a DBBA member, you are obligated to accept and honor the DBBA Advantage Deal. This involves providing a 25% first-time customer discount coupon to clients referred by DBBA. Failure to comply may result in consequences outlined in the Code of Conduct.

U.S.T.O.M.E.R. S.E.R.V.I.C.E. Commitment:

• Members are required to uphold the principles of C.U.S.T.O.M.E.R. S.E.R.V.I.C.E. when serving clients referred by DBBA, ensuring a positive and professional experience for all customers.

Refusal to Comply:

• Failure to adhere to the DBBA Advantage Deal, including providing the 25% first-time customer discount, may lead to consequences such as account suspension or termination, as detailed in the Code of Conduct.

Code of Conduct:

• Members are held to the DBBA Code of Conduct, emphasizing adherence to the DBBA Advantage Deal. Violations may result in disciplinary actions, including warnings, suspension, or termination.

DBBA Platform Usage:

• Members have been granted a non-exclusive, non-transferable, and revocable license to access and use the DBBA platform for legitimate purposes. Unauthorized use may result in the termination of membership.

Content Submission:

• By submitting content on the DBBA platform, including reviews, forms, or any other materials, you grant DBBA a non-exclusive, royalty-free, worldwide, and perpetual license to use, display, and distribute such content.

Data Accuracy:

• Members are responsible for ensuring the accuracy of the information provided on the platform, particularly details related to the DBBA Advantage Deal transactions.

Intellectual Property:

• All intellectual property rights related to the DBBA platform, including trademarks, logos, and content, are owned by DBBA. Members may not use, reproduce, or distribute these materials without explicit permission.

Termination of Membership:

• DBBA reserves the right to terminate or suspend membership at its discretion, especially in cases of non-compliance with these Terms and Conditions or the Code of Conduct.

Changes to Terms:

• DBBA may update these Terms and Conditions periodically. Members are responsible for reviewing the latest version on the DBBA website. Continued use of the platform after changes implies acceptance of the updated terms.

Governing Law:

• These Terms and Conditions are governed by the laws of the state of North Carolina. Any legal actions arising out of these terms shall be brought in the state or federal courts located in North Carolina.

Contact Information:

• For questions or concerns regarding these Terms and Conditions, please contact DBBA at info@ncdbba.com.

Thank you for utilizing the DBBA website responsibly and respecting the provided terms and conditions.