Terms & Conditions
This website and/or its mobile applications (the “Site”) is owned and operated by Scissors & Scotch Franchising, LLC and/or its subsidiaries or affiliates (“S&S”). These Website Terms and Conditions (“Terms and Conditions”) apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant S&S website. Throughout the Site, the terms “we,” “us” and “our” refer to S&S. S&S offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms and Conditions. Your continued use of this Site constitutes your agreement to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not use this Site.
You represent that all of the information, data, and other materials you provide on this Site or to S&S through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
LICENSE AND SITE ACCESS
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by S&S, its licensors or its content providers, and is protected by copyright, trademark, and other applicable U.S. and foreign laws.
S&S grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices that appear in the content. S&S or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in S&S's sole discretion. S&S strictly prohibits any other use of any content available through the Site, including but not limited to:
- any downloading, copying or other use of the content or the Site for purposes competitive to S&S or for the benefit of another vendor or any third party;
- any caching, unauthorized linking to the Site or the framing of any content available on the Site;
- any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
- using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- any action that imposes or may impose (in S&S's sole discretion) an unreasonable or disproportionately large load on S&S's infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by S&S.
S&S reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. S&S neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with S&S. Termination of your access or use will not waive or affect any other right or relief to which S&S may be entitled, at law or in equity.
CONTENT YOU SUBMIT
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
- may contain software viruses or malware;
- contains advertisements or solicitations of any kind, or other commercial content;
- is designed to impersonate others;
- contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- contains messages by non-spokesperson employees of S&S purporting to speak on behalf of S&S or containing confidential information or expressing opinions concerning S&S;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- contains multiple messages placed within individual folders by the same user restating the same point;
- contains chain letters of any kind; or
- contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice, you grant S&S a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant, and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to S&S.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with S&S. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. S&S is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. S&S DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE S&S SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF S&S. S&S IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE S&S SITES, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE S&S SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR VISIT AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER S&S NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS ((“S&S”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE S&S SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON the SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF S&S HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT S&S SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH S&S IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND S&S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless S&S from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by S&S and such parties, and shall defend S&S and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable U.S. of foreign law or the rights of a third party. S&S will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of S&S.
When you use the Site or send emails to S&S, you are communicating with S&S electronically. You consent to receive electronically any communications related to your use of this Site. S&S will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from S&S intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the S&S Sites.
SITE-PROVIDED EMAIL AND POSTINGS
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. S&S is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. S&S, in its sole discretion, may monitor, not post or remove any such content.
ACCESS TO PASSWORD PROTECTED SITE FEATURES
Access to and use of any password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify S&S immediately. S&S may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
TRADEMARKS AND COPYRIGHTS
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of S&S or its licensors, or its suppliers, or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose without permission. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without S&S's express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without S&S's express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
S&S respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that S&S has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or S&S members who are repeat copyright infringers. S&S may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide S&S the following information (to be effective, the notification must be in writing and provided to us):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and, if available, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
For notice of claims of copyright or other intellectual property infringement, S&S can be reached as follows:
By mail: Scissors & Scotch Legal Department
2835 South 170th Plaza, Suite 212
Omaha, Nebraska 68130
S&S may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
From time to time S&S may offer special promotional offers that may or may not apply to your S&S account. You agree to be bound by any additional terms and conditions for these special offers, which shall appear in connection with the offer.
CHANGES TO THESE TERMS AND CONDITIONS
ENTIRE AGREEMENT AND ADMISSIBILITY
HOW TO CONTACT US
Scissors & Scotch
Attn: Legal Department
2835 South 170th Plaza, Suite 212
Omaha, Nebraska 68130
Gift Certificates must be redeemed toward the purchase of eligible products and/or services at participating S&S locations. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient's Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate , the balance must be paid with a credit card or other available payment method.
Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates cannot be resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Gift Certificate balances may not be transferred to another account.
RISK OF LOSS
The risk of loss and title for S&S Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a S&S Gift Certificate is lost, stolen, destroyed or used without your permission.
S&S reserves the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases at any participating S&S location.
LIMITATION OF LIABILITY
S&S and its affiliates make no warranties, express or implied, with respect to Gift Certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Certificate is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
S&S reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
If you cancel your event at any time after submitting your reservation application (the "Reservation Form") and verifying your payment method, therefore agreeing to the group event terms and conditions stated on this page (collectively, the "Group Agreement"), you may, at our sole discretion, be responsible for the following cancellation charges: fifty percent (50%) of the total amount due under the Reservation Form if you cancel less than five (5) days before the date of your event (the "Event Date"), and one hundred percent (100%) of the total amount due under the Reservation Form if you cancel less than twenty‐four (24) hours before your Event Date. A complete Reservation Form must be submitted no later than ten (10) days prior to your Event Date. Once signed, the Reservation Form is incorporated into this Event Agreement.
A completed Reservation Form must be submitted no later than ten (10) days prior to the Event Date. Once signed, the Reservation Form is incorporated into this Event Agreement. Scissors & Scotch does not guarantee the availability of additional services that are not included in the Reservation Form.
PROMOTIONAL MATERIALS AND INVITATIONS
Scissors & Scotch must review and approve, in advance of any use or publication, any advertisements, promotional materials, and invitations in connection with your event that specifically reference any name or logo of Scissors & Scotch.
Scissors & Scotch expects appropriate behavior from all event guests. Scissors & Scotch’s management reserves the right to dismiss any guest from any event and also to terminate the event at our discretion if there is any uncontrollable or unacceptable conduct, or if any unlawful act occurs, or if any problem with crowd control exists. You will remain responsible for payment of all event‐related charges under this Event Agreement. If Scissors & Scotch incurs any damages due to inappropriate guest behavior occurring before, during, or after the event, you are also responsible for paying those damages.
All Scissors & Scotch employees are instructed not to serve any alcoholic beverages to minors less than 21 years of age or to an obviously intoxicated person. Any alcohol brought to the property without Scissors & Scotch’s consent is subject to confiscation. The event host may, if necessary, be requested by Scissors & Scotch to intervene to aid in confiscation efforts. Any breach of these terms and policies may result in the termination of the bar service or termination of the event.
CIRCUMSTANCES BEYOND SCISSORS & SCOTCH’S CONTROL
If circumstances beyond Scissors & Scotch’s control, including but not limited to power failures, supply shortages, inclement weather, disaster, or emergencies occur such that Scissors & Scotch is unable to perform its obligations under this Event Agreement, Scissors & Scotch shall not be liable for consequential damages, costs of any nature, or refunds of payments made or due under this Event Agreement.
COMPLIANCE WITH LAWS
You agree to comply with all applicable federal, state and local laws, and you agree to cooperate with Scissors & Scotch and any involved governmental authority to ensure compliance with such laws.
LIABILITY LIMITATION AND INDEMNIFICATION
Scissors & Scotch is not responsible for any damage to or loss of any merchandise or articles left on Scissors & Scotch’s premises prior to, during, or following a function, or for any personal injury or property damage or theft related to any automobile parked or operated on Scissors & Scotch’s premises. You agree to indemnify, defend, and hold Scissors & Scotch harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from the negligence or misconduct of anyone associated with your event.