Terms and Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the "Site"), you ("you" or the "User") agree to the terms and conditions that we (Fast Market Holdings LLC d/b/a "Spaciety") have provided. If you do not wish to agree to these terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.

I.TERMS OF USE

1. Purpose.

The Site provides an interactive online service operated by Spaciety on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through Spaciety, assisting the User in locating participating service providers (each a "Service Provider").

Spaciety provides a venue for Service Providers to post availability of Services ("Services" are those provided by the Service Provider) and for User to find availabilities for such Services. Upon the User'registration, the User may choose his/her own password to access the Services through the Site. Thereafter, the Service enables User to search for available Services and Service Providers in an effort to assist User in finding an availability advertised by a Service Provider. The availability of reservations is determined at the time of Users's query and Spaciety makes no promises relating to the reservations availability.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to the User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Spaciety, and Spaciety shall not be responsible for any data lost while transmitting information on the Internet. While it is Spaciety's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Spaciety, access to the Site may be interrupted, suspended or terminated from time to time.

Spaciety shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Spaciety may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

2. Modified Terms.

Spaciety reserves the right at all times to discontinue or modify any of our User 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 to you, therefore, that you re-read this important notice containing our User Agreement and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our User Agreement and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the User Agreement and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Spaciety's posting thereof. Any use of Spaciety by User after such notice shall be deemed to constitute acceptance by User of such modifications. If you have any questions regarding this Agreement or Spaciety's terms and conditions of use, you may contact us by emailing contact@Spaciety.com

3. Cancellation Policy

Users are asked to change or cancel any reservations with the Service Provider directly. If you are unable to keep your appointment, your credit card will still be charged by Spaciety. Cancellations will be governed by the Service Provider's policy. Spaciety will not be held responsible for any cancellations. User agrees that all no-show and late cancellation determinations and charges to credit cards will be made by Spaciety in its sole discretion, and such determination shall be final and binding.

4. EMAIL POLICY

By using the Services, User agrees to receive appointment and purchase confirmations by email after booking a reservation through the Site. Notwithstanding the foregoing, you acknowledge and agree that you will still receive reservation confirmation emails, other emails relating to reservations booked by you through the Site, purchase confirmations, and return confirmations even if you have opted not to receive other periodic email from us. By providing information to us, or by submitting a reservation 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 a service request.

5. Rewards/Incentives

Spaciety offers a reward system for all Users with an active account. User may redeem rewards in connection with appointments made through the Site (it being understood that under no circumstances will Spaciety be obligated to pay the cash value of any Reward to User directly).

6. Equipment.

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Spaciety shall not be liable for any damages to the User's equipment resulting from the use of this Site.

7. User Conduct.

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 Appointments to seek availabilities with Service Providers and to honor those reservations by arriving at Service Provider's place of business on time. If additional money, taxes, fees, are required for a Merchant's Services, you are responsible for paying these unless otherwise stated. You irrevocably grant Spaciety unlimited use of your ratings and reviews. User reviews to do not necessarily reflect the views of Spaciety. You agree that you are solely responsible for all risks associated with accuracy completeness or usefulness by others of your ratings and reviews. 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 Spaciety in its sole discretion that you are misusing or attempting to misuse or circumvent the Services or 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, Spaciety reserves the right, in its sole discretion, to immediately terminate your access 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 SPACIETY 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 A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SPACIETY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS.

The foregoing provisions of this Section 7 apply equally to and are for the benefit of Spaciety, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

8. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of Spaciety, Inc. or used with express permission of the copyright and or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF SPACIETY, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and or criminal penalties.

9. Disclaimer of Warranty.

USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER'S SOLE RISK. NEITHER SPACIETY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPACIETY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH SPACIETY HAS TAKEN CERTAIN STEPS TO EXAMINE THE CREDENTIALS OF OUR LISTED SERVICE PROVIDERS, SPACIETY MAKES NO GUARANTEE REGARDING THE SKILLS OF THE SERVICE PROVIDERS NOR THE QUALITY OF SERVICES PROVIDED. SPACIETY DOES NOT GUARANTEE THE QUALITY OF THE SERVICES OF ANY PARTICULAR SERVICE PROVIDER ON OUR SITE. IT IS ENTIRELY UP TO THE USER TO DETERMINE WHETHER A SERVICE PROVIDER IS SUITED FOR A PARTICULAR TASK. THE SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF SPACIETY. WE MAKE NO GUARANTEE THAT THE SERVICE PROVIDER WILL ACCEPT YOUR BOOKING REQUEST (THOUGH WE WILL REWARD YOU THE USER IF THEY DO NOT). SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDER DIRECTLY.

10. Limitation of Liability.

IN NO EVENT SHALL SPACIETY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL SPACIETY'S LIABILITY IN CONNECTION WITH A SERVICE PROVIDER EXCEED THE AMOUNTS PAID FOR SUCH SERVICE AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

11. Privacy.

User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Spaciety does not control or endorse the content, messages or information found in any Community, and, therefore, Spaciety specifically disclaims any liability concerning the Communities and any actions resulting from Users' participation in any Community, including any objectionable content. Generally, any communication which User posts to Spaciety (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. By posting comments, messages or other information on the Site or any Microsite, User grants Spaciety the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.

12. Credit Card Policy.

Some Service Providers may require that a credit card be provided before accepting your reservation. The credit card is only charged once the User enters their credit card information and submits the booking form. Spaciety never sends your credit card information directly to a Service Provider. Your credit card information is securely sent to Braintree for authorization and processing. We DO NOT store any of your credit card information. WE AT SPACIETY TAKE OUR RESPONSIBILITY REGARDING THE PRIVACY OF YOUR CREDIT CARD INFORMATION VERY SERIOUSLY.

13. Indemnification/Release.

User agrees to defend, indemnify and hold harmless Spaciety, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any Services purchased by User in connection with the Site.

User is solely responsible for interactions with Service Providers. To the extent permitted under applicable laws, User hereby releases Spaciety from any and all claims or liability related to any service of a Service Provider, any action or in-action by Service Provider, including Service Provider's failure to comply with applicable law and or failure to abide by the terms of a reservation, and any conduct or speech, whether online or offline, of any other user.

14. Termination.

Spaciety may terminate this Agreement at any time. Without limiting the foregoing, Spaciety shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which Spaciety, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 2, 5, 6, 7, 9, 10 and 13 will survive termination of this Agreement.

15. Trademarks.

Spaciety is a trademark of Spaciety, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Spaciety are the property of their respective owners.

16. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Spaciety established by Spaciety, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

17. Arbitration.

By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against Spaciety arising out of, relating to, or connected in any way with this Agreement, this Site, or sale shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for User), or at such other location as may be mutually agreed upon by User and Spaciety; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the User's and or Spaciety's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spaciety will pay as much of the User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither User nor Spaciety shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org.

18. Jurisdiction

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

II.TERMS OF SALE

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

All reservations and or appointments made through the Site are reservations made with the Service Provider through Spaciety to be used in exchange for Services at a discount from their actual cost. By making a reservation and or appointment with a Merchant through Spaciety, you are purchasing Services from the Service Provider. The Merchant, not Spaciety, is the seller of Services and as such is solely responsible for adherence to the reservation and or appointment along with the Services provided.