WEBSITE TERMS OF USE

Last Modified: November 10, 2020

 

Acceptance of the Terms of Use

 These terms of use are entered into by and between you and HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, and its direct and indirect subsidiaries and affiliates (“Company,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our “Digital Platforms” (as defined below) owned by us as well as those associated with or used by the brands we manage which include: Hair Cuttery, Bubbles Salons and CIBU collectively “Our Brands”), whether as a guest or a registered user.

Digital Platforms include the following:

  • Our websites and those owned or operated by Our Brands, including the website located at the URL haircuttery.com as well as all associated sites linked to these websites by the Company, its subsidiaries, affiliate companies and Our Brands .
  • Any software that we or Our Brands provides to you that allows you to access the site from a mobile device (a “Mobile Application”).
  • Desktop applications offered by us or Our Brands.
  • Email and text messaging services between us or Our Brands and you.
  • Our advertising and applications on third-party websites and services, including our social media properties.
  • All content. materials and services available through the Digital Platforms.
  • Collection points at retail stores operated by Our Brands, including information you disclose face to face or through a kiosk to schedule a service at a salon, information you supply to access our wireless internet.

 

Please read the Terms of Use carefully before you start to use the Digital Platforms. Any person or entity who interacts with the Digital Platforms, whether through the use of crawlers, robots, browsers, date mining or extraction tools, or other functionality, regardless of whether such functionality is direct or through a third party, is considered to be using the Digital Platforms. If at any time you do not wish to abide by all of these Terms of Use, you must immediately stop using the Digital Platforms. By using the Digital Platforms, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://haircuttery.com/home/privacy-policy.html incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Digital Platforms.

 

NOTE:  THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

These Digital Platforms are offered and available to users who reside in the United States or any of its territories or possessions.  By using these Digital Platforms, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using these Digital Platforms with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use these Digital Platforms and agree to these Terms of Use.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to fully indemnify and hold harmless Company if the Minor breaches any of these Terms of Use.  If you are not at least 13 years old, you may not use these Digital Platforms at any time or in any manner or submit any information to Company or the Digital Platforms. By using a Digital Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use a Digital Platform.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Digital Platforms thereafter.

Your continued use of a Digital Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Accessing the Digital Platforms and Account Security

We reserve the right to withdraw or amend our Digital Platform, and any service or material we provide on the Digital Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Digital Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Digital Platform, or the entire Digital Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to a Digital Platform.

 

  • Ensuring that all persons who access the Digital Platform through your internet connection are aware of these Terms of Use and comply with them.

To access a Digital Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Digital Platform that all the information you provide on the Digital Platform is correct, current and complete. You agree that all information you provide to register with the Digital Platform or otherwise, including but not limited to through the use of any interactive features on the Digital Platform, is governed by our Privacy Policy https://haircuttery.com/home/privacy-policy.html , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Digital Platform or portions of it using your user name, password or other security information. You are responsible for all activities that occur using your password.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Mobile Applications

 

            The Company makes available Mobile Applications to access the Digital Platform via a mobile device.  To use the Mobile Application, you must have a mobile device that is compatible with the mobile service.  The Company does not warrant that the Mobile Application will be compatible with your mobile device.  The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that these Terms of Use will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to your use of the Mobile Application.

 

            The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

 

  • You acknowledge that these Terms of Use are between you and the Company only, and not with Apple, Inc. (“Apple”).
  • Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • The Company, and not Apple, are solely responsible for our iOS App and the Digital Properties available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that the Company provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms of Use are between you and the Company only, and not with Google, Inc. (“Google”).
  • Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App. the Company, and not Google, are solely responsible for the Company’s Android App and the Digital Properties available thereon.  Google has no obligation or liability to you with respect to the Company’s Android App or these Terms of Use.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Company’s Android App.

Geo-Location Terms

 

            The Digital Platforms include and make use of certain functionality and services provided by third-parties that allow the Company to include maps, geocoding, places and other content from Google as part of the Digital Platforms (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

 

Intellectual Property Rights

The Digital Platforms and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Digital Platforms for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Digital Platforms, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Digital Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we integrate our Digital Platforms with other social media platforms, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from a Digital Platform.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Digital Platform.

You must not access or use for any commercial purposes any part of the Digital Platforms or any services or materials available through the Digital Platforms.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of a Digital Platform in breach of the Terms of Use, your right to use the Digital Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Digital Platforms or any content on the Digital Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Digital Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

            Unless otherwise specified in these Terms of Use, all information and screens appearing on the Digital Platforms, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company, Copyright © 2020 HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, or its direct or indirect subsidiaries and affiliates.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

            The Mobile Application software that is provided to you through the Digital Platform and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights reserved under the copyright laws of the United States.

Trademarks

The Company name, the terms and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors, including those of Our Brands. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Digital Platforms are the trademarks of their respective owners.

Feedback

 

If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Digital Platforms, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant the Company an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as the Company may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

 

Sweepstakes & Contests
 

Any sweepstakes, contests, and/or other promotions run on the Digital Platforms or referenced in connection with the Digital Platforms (“Promotions”), shall be governed by the associated rules provided or posted in connection with such Promotions. Promotions may require the participant to provide some personally identifiable information such as full name, address, e-mail address, and telephone number, in order to participate. Please see the Privacy Policy https://haircuttery.com/home/privacy-policy.html regarding the use of such information.


SMS/MMS Text Message Program

The Company offers or may offer you the opportunity to receive time-sensitive, relevant information through SMS/MMS text messaging to your mobile device(s) (“Text Message Alerts”). These Text Message Alerts allow the Company to provide you with information and notifications relevant to accessing and using its services (e.g. “your stylist is ready,” “check-in now”, etc.), and participating in surveys, polls, sweepstakes, contests, promotions and similar activities. By participating in the SMS/MMS Text Messaging Program, you agree to be bound by these Terms of Use, as well as Company’s Privacy Policy.  Currently, by making an appointment in one of the Company’s salons through its current point-of-sale system, you agree to participate in receiving Text Message Alerts.

Prohibited Uses

You may use the Digital Platforms only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Digital Platforms:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Digital Platform, or which, as determined by us, may harm the Company or users of a Digital Platform or expose them to liability.

 

Additionally, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

  • Use the Digital Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Digital Platforms, including their ability to engage in real time activities through the Digital Platforms.

 

  • Use any robot, spider, scraper or other automatic device, process or means to access the Digital Platforms for any purpose, including monitoring or copying any of the material on the Digital Platforms.
  • Use any manual process to monitor or copy any of the material on the Digital Platforms or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Digital Platforms.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Platforms, the server on which the Digital Platforms are stored, or any server, computer or database connected to the Digital Platforms.
  • Attack the Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Digital Platforms.

This list of prohibitions provides examples and is not complete or exclusive. 

 

User Contributions

Some of our Digital Platforms permit you to supply content, including information, profiles, goals, opinions, messages, comments, photos, and similar communications and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content, information, opinions, messages, comments, photos, videos, graphics, sounds and other content or materials (collectively, “User Contributions”) on or through the Digital Platform.

You are responsible for your User Contributions.  You may not upload, hashtag, provide post or otherwise make available on the Digital Properties any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Contributions that you make.  You have full responsibility for each User Contribution you make, including its legality, reliability and appropriateness.

 

All User Contributions must comply with the Content Standards and shall not violate the Prohibited Users set out in these Terms of Use.  Those prohibitions do not require the Company to monitor, police or remove any User Contributions or other information submitted by you or any other user.

Any User Contribution you post to the Digital Platform will be considered non-confidential and non-proprietary. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide right and license (including the right to sublicense through multiple tiers)  to use, reproduce, process, adapt, modify, prepare derivative works, publish, transmit, publicly perform, publicly display, distribute and otherwise disclose to third parties each of you User Contributions or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the User Contributions.  We may modify or adapt your User Contributions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Contributions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Contributions posted by you to or through the Digital Platforms.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Digital Platforms.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Digital Platforms or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Platforms. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Digital Properties or on the Internet.
  • Terminate or suspend your access to all or part of the Digital Platforms for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Digital Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

 

  • Contain anything that exploits children or minors or that depicts cruelty to animals.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://haircuttery.com/home/privacy-policy.html .
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

 

  • Contain anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

 

  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

 

            We take claims of copyright infringement seriously.   We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Digital Platforms for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Digital Platforms, please provide the Company’s designated agent the following information:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple 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 at the Digital Platforms, and information reasonably sufficient to permit the Company to locate the material.
  • Information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s agent for notice of claims of copyright or trademark infringement on the Digital Properties can be reached as follows:

 

Hair Cuttery Family of Brands Compliance Officer
Hair Cuttery Family of Brands
8281 Greensboro Drive
Suite 320
McLean,  VA  22102
Phone: 7032695400
Email: legal@haircuttery.com

 

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Company designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

Termination of Repeat Infringers

The Company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.  

Reliance on Information Posted

The information presented on or through the Digital Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Platforms, or by anyone who may be informed of any of its contents.

The Digital Platforms may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on our Digital Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Platforms may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

All information we collect on our Digital Platforms is subject to our Privacy Policy https://haircuttery.com/home/privacy-policy.html . By using the Digital Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

If applicable, you agree to pay all fees or charges to your account based on the Company’s fees, charges, and billing terms in effect as shown on the Digital Properties.  If you do not pay on time or if the Company cannot charge your credit card or other payment method for any reason, the Company reserves the right to either suspend or terminate your access to the Digital Properties and account and terminate these Terms of Use.  You are expressly agreeing that the Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Digital Properties and the fees will be billed to your credit card or other payment method designated on your initial registration with the Digital Properties, and thereafter at regular intervals for the remainder of the term of these Terms of Use.  If you cancel your account at any time, you will not receive any refund.  If you have a balance due on any account, you agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

 

All purchases through our Digital Platforms or other transactions for the sale of our goods/services formed through the Digital Platforms or as a result of visits made by you are governed by our terms of sale and product return policies which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Digital Platforms. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Digital Platforms may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Digital Platforms.

 

  • Send e-mails or other communications with certain content, or links to certain content, on the Digital Platforms.
  • Cause limited portions of content on the Digital Platforms to be displayed or appear to be displayed on your own or certain third-party Digital Platforms.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Digital Platforms or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Digital Platform other than the homepage of our or Our Brands’ websites (i.e. http://www.haircuttery.com, http://www.bubblessalons.com).
  • Otherwise take any action with respect to the materials on the Digital Platforms that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

The Digital Platforms may contain links to other sites and resources provided by third parties (collectively, “Third-Party Sites”) and these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Third-Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Certain areas of the Digital properties may allow you to interact with Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Digital Properties to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Digital Properties.  In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.  The Company is providing links to the Third-Party Sites to you as a convenience, and the Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Geographic Restrictions

The owner of the Digital Platforms is based in the Commonwealth of Virginia in the United States. We provide our Digital Platforms for use only by persons located in the United States. We make no claims that the Digital Platforms or any of their content is accessible or appropriate outside of the United States. Access to the Digital Platforms may not be legal by certain persons or in certain countries. If you access the Digital Platforms from outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.  The parties hereto have expressly required that these Terms of Use and all documents and notices relating thereto be drafted in the English language.

Gift Card Sales

 

Gift Cards; Redemption.

Gift cards for the Company’s retail stores and retail outlets are issued by Our Brands (“Gift Cards”). Gift Cards can be purchased online or in physical stores by individuals who are at least thirteen (13) years of age or older and residents of the United States. No service or dormancy fees or expiration dates apply.  Any unused Gift Card balance will remain on your Gift Card. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method. 

Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by the Brand that issued the Gift Card.  For example, Hair Cuttery gift cards can only be used at Hair Cuttery salons and Bubbles gift cards can only be used at Bubbles salons.  The gift cards can be used for service or retail purchase and cannot be redeemed for cash.  Gift Cards are not acceptable forms of payment on any of our websites. 

Limitations.

Your Gift Card cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.  

Risk of Loss.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission.

Use of Gift Card in Violation of these Terms and Conditions.

We reserve the right to void Gift Cards, close customer accounts, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these terms and conditions.  Company reserves the right to change the terms of the Gift Card in its sole discretion, subject to applicable law.

Gift Card Limitation of Liability.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR THE BALANCE THEREON, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. 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 MAY HAVE ADDITIONAL RIGHTS.

 

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE DIGITAL PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS IS AT YOUR OWN RISK. THE DIGITAL PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIGITAL PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIGITAL PLATFORMS, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR DIGITAL PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PLATFORMS, ANY WEBSITES OR SERVICES LINKED TO THEM, ANY CONTENT ON THE DIGITAL PLATFORMS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PLATFORMS OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE HOWEVER ARISING, EVEN IF FORESEEABLE OR IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE DIGITAL PLATFORMS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, violation of any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party or your use of the Digital Platforms or the user of the Digital Platforms by any person using your user name and/or password, including, but not limited to, your User Contributions, any use of the Digital Platform’s content; services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Digital Platform.

Governing Law

All matters relating to the Digital Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).  Foreign laws do not apply.  Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Digital Properties will be heard in the courts located in Fairfax County in the Commonwealth of Virginia. 


Dispute Resolution and Arbitration; Class Action Waiver

Please read the following (this “Provision”) carefully.  It affects your rights.

 

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at Customerservice@haircuttery.com.  This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company.  Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.  You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

 

Please read this Provision carefully.  It provides that all Disputes between you and the Company shall be resolved by binding arbitration.  Arbitration replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering into these Terms of Use constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney’s fees).

 

For the purpose of this Provision, “the Company” means HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

 

YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

 

Pre-Arbitration Claim Resolution

 

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute.  You must commence this process by mailing written notification to

 

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands

c/o Legal Department
8281 Greensboro Drive, Suite 320

McLean, Virginia  22102

That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.  If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

 

Exclusions from Arbitration/Right to Opt Out

 

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt out of this Provision by mailing written notification to

 

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Department
8281 Greensboro Drive, Suite 320

McLean, Virginia  22102

Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration.  Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

 

Arbitration Procedures

 

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

 

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

 

Because the Digital Properties and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

 

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

 

Location of Arbitration – You or the Company may initiate arbitration in either the Commonwealth of Virginia or the federal judicial district that includes your billing address.

 

Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

 

Class Action Waiver

 

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Digital Properties can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

No Judge or Jury in Arbitration

 

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms of Use You and the Company are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

 

Severability

 

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

 

Continuation

 

This Provision shall survive the termination of your service with the Company or its affiliates.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute between us arises.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: These Digital Properties are provided by HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, Legal department, 1577 Spring Hill Road, Suite 500, Vienna, VA. 22182.  If you have purchased anything through the Digital Properties, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for the Digital Properties (please consult your individual purchase confirmation e-mail for the charges you incurred).  If you have a question or complaint regarding the Digital Properties, please contact Customer Service at Customerservice@haircuttery.com.  You may also contact us by writing HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, Legal department, 1577 Spring Hill Road, Suite 500, Vienna, VA. 22182. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

Waiver; Severability and Survival

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use. 

Entire Agreement

The Terms of Use, our Privacy Policy and any Terms of Sale constitute the sole and entire agreement between you and HC Salon Holdings, Inc. with respect to the Digital Platforms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Digital Platforms.

Your Comments and Concerns

Please call our Guest and People Care Center at (703) 269-5336 or contact us using the “Contact Us” methods available on our Digital Properties if you have any questions, requests or comments regarding, or problems with, the Digital Platforms.