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Terms of Use

  • Your use of The Hair Bazaar (“Company,” “we,” “us,” or “our”) our Website, mobile applications, stores and other services or content are governed by these Terms of Use (“Terms”). Separate Seller Terms and our Privacy Policy are incorporated into these Terms by reference. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, the Terms govern.
  • These Terms constitute a legal agreement between you and us.
  • Unless otherwise agreed in writing with us, your agreement with the Company will always include, at a minimum, these Terms. These Terms apply to all users of the Services (“User,” “you,” or “your”).
  • BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THE TERMS. You may not use the Services and may not accept the Terms if (a) you are not a person 13 years of age or older, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
  • These Terms govern how claims you and the Company have against each other can be brought and will require you to submit claims you have against the Company to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services.
  • The Company operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by the Company. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by these Terms.
  • You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website. The Company may revoke your license at any time and for any reason or no reason at all.
    • Use of the Services will be limited to reasonable use, as determined at the Company’s sole discretion.
    • Company reserves the right to prevent or stop any use of the Services that appears to Company, at its sole discretion, to constitute Unreasonable Use. The following is a non-exhaustive list of practices that may constitute Unreasonable Use:

    • i. Use of the Services for any unlawful purpose, including, but not limited to: any usage that encourages conduct that would constitute a criminal offense, give rise to civil liability, or violate any applicable law;
      ii. Usage that is unduly burdensome;
      iii. Attempting to reverse engineer or otherwise attempt to discover the source code or trade secrets related to the Services;
      iv. Distributing, transferring, granting sublicenses to, or otherwise making available the Services or any portion thereof to third parties without Company’s express, written authorization; and
      v. Any other usage that the Company determines, at its sole discretion, to be unreasonable or in violation of applicable law.

      Usage of the Services in violation of this Section will constitute a material breach of these Terms, entitling Company to immediately terminate User’s access to the Services without notice or opportunity to cure.
  • In order to use the Services, you must register an account with the Company directly or through an authorized third-party service (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Company account.
  • The manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Company shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.

  • If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current, and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

  • You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

  • You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.

  • In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Company will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third-party payment service offered by the Company, such as PayPal or Affirm, you are subject to their terms of use and privacy policies.
  • Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for sale, Company reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Company reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
  • Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).

  • Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of Company online shopping credit or in your original form of payment. If you choose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. If you choose to receive Company shopping credit, Company will provide you with a prepaid return label. However, customers initiating more than one return per month will be responsible for the cost of return shipping. Items purchased with Company shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items.
  • We will only offer credit or a refund for items if they are returned to Company on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited.
  • Chargeback is a mechanism for your payment card issuer (at their discretion) to reclaim money from a retailer’s bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including: (i) if you do not get the Product you paid for; (ii) if you are charged the wrong amount, or charged twice by mistake; (iii) if the payment was made fraudulently. You agree to contact Company prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. We recognize that chargebacks can happen for a variety of reasons. However, if you dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to terminate your use of the Services.
In order to keep our prices low, certain items may be subject to restocking fees in addition to any applicable return shipping fees. If an item is subject to a restocking fee, we will clearly display the restocking fee as part of the returns process.

While we attempt to be as accurate as possible, Company does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by Company is not as described, your sole remedy is to return it in unused condition.

9. International Customs, Duties, Taxes, and Shipping Costs.

a. You are responsible for assuring that our products can be lawfully imported to your destination country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and cannot predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.

b. Company will collect applicable state or local taxes on behalf of sellers. The amount of taxes collected is based on a number of factors, including but not limited to the type of items purchased, the buyers designated delivery address, and/or the location of the seller.

c. Buyers are responsible for paying the applicable purchase price for a purchased item to the seller, as well as any shipping costs.

10. Trademark Notice. Company an independent reseller of hair extension and hair accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer, or brand of the items that are listed through our Services. All third-party brand names and logos used in any commercial context by Company are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Company.

11. Intellectual Property Rights

a. You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited.

b. The technology underlying the Services (including the software distributed in connection therewith) is the property of Company, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the software). Any rights not expressly granted herein are reserved by Company.

c. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.

12. Feedback and User Content

a. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

b. By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content.

c. Company reserves the right to use, remove, edit, or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Company does include your User Content, or any part thereof, you are deemed to have granted Company a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

d. You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses.

e. You will indemnify Company, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.

f. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate these Terms, the Seller Terms, or our Privacy Policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from User Content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or User Content. Company takes no responsibility and assumes no liability for any User Content posted by you or any third party. Company, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.

g. Company reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Company, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Company deems inappropriate or that violates any term or condition of these Terms. During monitoring, data may be examined, recorded, copied, and used by Company. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

13. Compliance with European Union Privacy Laws

a. To the extent Company acts as a data controller and data processor of personal information and access to such personal information is governed by European Union privacy laws, Company will fully comply with the requirements set forth in this Section.

b. Company will only use personal information for the purposes for which it was collected. If Company needs to use personal information for other than the purpose for which it was collected, Company shall notify the person who provided the information to request their express permission. If Company is relying on an individual’s consent to process their personal information, that individual has the right to withdraw their consent at any time.

c. To the extent applicable, individuals have the right to make a complaint at any time to the local supervisory authority regarding Company’s potential violation of European Union privacy laws. However, if given the opportunity, Company is committed to timely and thoroughly addressing individuals’ concerns prior to the submission of a complaint to the local supervisory authority. Individuals have the right to receive a copy of any of that individual’s personal information held by Company and to confirm that Company is lawfully processing such data. Individuals have the right to seek correction of any of their personal information held by Company that may be incomplete or inaccurate or to request that their personal information be deleted. Further, individuals have the right to object to Company processing their personal information because that individual considers that such processing of their personal information impacts the fundamental rights and freedoms of the individual.

14. User Communications. Under these Terms, you consent to receive communications from Company electronically. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Termination. These Terms are effective unless and until terminated by either you or Company. You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time and for any reason.

16. Limitation of Liability

a. The User and Company agree that they will not be liable to the other party, or to any third party, for any indirect, incidental, special, punitive, or consequential damages, whether arising from breach of contract, tort, equity, or other common law or statutory theory of recovery, including, but not limited to: loss of profits; revenue; data; or use of data.

b. The User and Company agree that the Company is not liable for any misrepresented items sold by sellers. It is the seller’s sole responsibility to accurately and truthfully describe the items sold and the buyer’s responsibility to use caution, common sense, and practice safe trading when dealing with sellers or other Users, regardless of whether such conduct is intentional, willful, or fraudulent.

c. The User and Company agree that the Company is not liable for any goods or services provided outside of the Website or outside the scope of the Services. Nor shall Company be liable for any attempt by a seller, buyer, or other User to solicit personal information from a seller, buyer, or other User contrary to these Terms, the Seller Terms, the Privacy Policy, or applicable law, regardless of whether such conduct is intentional, willful, or fraudulent.

d. The User and Company agree that the Company shall not be liable for, and provides no warranties regarding, the safety of items sold by sellers, and the Company shall not be liable for any health-related harms caused by a seller’s item, including, but not limited to: skin irritation, hair loss, or other health-related harms. IT SHALL BE THE SOLE RESPONSIBILITY OF THE SELLER TO ENSURE THE SAFETY OF THEIR ITEMS.

e. This limitation of liability provision applies to the indemnification obligation in these Terms.

17. Indemnification

a. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

b. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (collectively “Company Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (i) your misuse of the Services; (ii) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (iii) your violation of these Terms; and (iv) your violation of any rights of another. You agree to promptly notify the Company Parties of any third party claims, cooperate with the Company Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims, including but not limited to attorney’s’ fees. You further agree that the Company Parties shall have control of the defense or settlement of any third-party claims.

18. Representations, Warranties, and Covenants. The User and Company represent, warrant, and covenant to each other the following: (i) They possess the legal right and authority to enter into, execute, deliver, and perform all obligations under these Terms; (ii) No litigation, action, arbitration, mediation, proceeding or investigation is pending or anticipated before any court, tribunal, governmental or administrative body, or other forum by, against, affecting, or involving any of their businesses or assets that materially affects these Terms; (iii) The execution and performance of these Terms does not constitute a breach or default of any term or provision of any contract or agreement to which they are a party; and (iv) They will comply with all applicable laws in the performance of these Terms and in relation to the Services.

19. Disclaimer

a. THE EXPRESS WARRANTIES IN THESE TERMS ARE THE EXCLUSIVE WARRANTIES OFFERED BY COMPANY AND ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, AS WELL AS WARRANTIES THAT ARISE FROM STATUTE, OPERATION OF LAW, USAGE OF TRADE, ANY COURSE OF DEALING, OR COURSE OF PERFORMANCE ARE HEREBY DISCLAIMED BY COMPANY.

b. Company does not warrant that the Services will be uninterrupted or error-free or that all errors will be corrected. Company does not guarantee continuous, uninterrupted use of the Services. If an error or interruption to Services does occur Company will provide best efforts to restore use of the Services consistent with these Terms and industry standards.

c. User acknowledges that they have not relied on any promise, warranty, or representation not expressly set forth in these Terms.

d. Company disclaims all liability and responsibility for any third-party products or services or for the acts or omissions of any third-party providers or vendors.

20. Updates and Amendments

a. Company may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). User acknowledges and consents that Company may automatically install Updates without notice to User or requesting User’s consent. User’s continued use of the Services will be deemed User’s consent to the Updates. User further acknowledges that User may be required to install Updates to use the Services, and User agrees to promptly install any Updates provided by the Company.

b. Company may amend these Terms from time to time subject to its sole discretion provided prompt, written notice is provided to the User. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Company may also add, withdraw, or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Company places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

21. Dispute Resolution

a. User and Company will exercise their best efforts to settle all disputes arising under these Terms by mutual agreement.

b. If the dispute cannot be resolved through mutual agreement, the User and Company will refer the dispute to mediation in accordance with the American Arbitration Association (“AAA”) rules then in effect.

c. Any controversy or claim arising out of, or relating to, these Terms, or the breach thereof, that cannot be resolved by mutual agreement or mediation in accordance with this Section, will be settled by arbitration in accordance with the AAA Commercial Arbitration Rules then in effect unless the User and Company mutually agree otherwise in writing. The User and Company will share equally all initial costs of arbitration. The prevailing party will be entitled to reimbursement of attorney’s fees, costs, and expenses incurred in connection with the arbitration. The User and Company, to the extent permitted by law, knowingly, voluntarily, and intentionally waive their rights to a trial by jury in any action or proceeding under any theory of liability arising from, or related to, these Terms.

d. All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. You and Company agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

22. Governing Law and Forum. These Terms will be governed by, construed, and interpreted exclusively in accordance with the substantive laws of [insert], without regard to any conflict of laws. Any mediation, arbitration, or judicial proceeding arising out of or related to these Terms will be commenced in [insert] County, [insert].

23. Assignment. Company may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the User’s prior written consent. User may not assign its rights or obligations under these Terms without the Company’s prior written consent and such consent shall not be unreasonably withheld.

24. Severability. If any provision of these Terms is held invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of other provisions.

25. Force Majeure. Neither User nor Company will be liable for delays in the performance of any of its obligations under these Terms due to causes beyond its reasonable control, which include, but are not limited to: strikes; acts of nature; or acts of federal, state, or local authorities.

26. Survival of Obligations. As applicable, the representations, warranties, covenants, obligations, and rights of the User and Company will survive termination, completion, or acceptance of the Services or final payment to Company.

27. Binding Effect. All provisions of these Terms, whether so expressed or not, will be binding upon, inure to the benefit of, and be enforceable by the User and Company and their respective legal representatives, successors and permitted assigns.

28. Relationship. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

  • The User and Company represent, warrant, and covenant to each other the following:
  • (i) They possess the legal right and authority to enter into, execute, deliver, and perform all obligations under these Terms;
    (ii) No litigation, action, arbitration, mediation, proceeding or investigation is pending or anticipated before any court, tribunal, governmental or administrative body, or other forum by, against, affecting, or involving any of their businesses or assets that materially affects these Terms;
    (iii) The execution and performance of these Terms does not constitute a breach or default of any term or provision of any contract or agreement to which they are a party; and
    (iv) They will comply with all applicable laws in the performance of these Terms and in relation to the Services.
  • The express warranties in these terms are the exclusive warranties offered by company and all other conditions and warranties, including, without limitation, any conditions or warranties of fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, title, merchantability, as well as warranties that arise from statute, operation of law, usage of trade, any course of dealing, or course of performance are hereby disclaimed by company.
  • Company does not warrant that the Services will be uninterrupted or error-free or that all errors will be corrected. Company does not guarantee continuous, uninterrupted use of the Services. If an error or interruption to Services does occur Company will provide best efforts to restore use of the Services consistent with these Terms and industry standards.

  • User acknowledges that they have not relied on any promise, warranty, or representation not expressly set forth in these Terms.

  • Company disclaims all liability and responsibility for any third-party products or services or for the acts or omissions of any third-party providers or vendors.

  • The express warranties in these terms are the exclusive warranties offered by company and all other conditions and warranties, including, without limitation, any conditions or warranties of fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, title, merchantability, as well as warranties that arise from statute, operation of law, usage of trade, any course of dealing, or course of performance are hereby disclaimed by company.
  • Company does not warrant that the Services will be uninterrupted or error-free or that all errors will be corrected. Company does not guarantee continuous, uninterrupted use of the Services. If an error or interruption to Services does occur Company will provide best efforts to restore use of the Services consistent with these Terms and industry standards.

  • User acknowledges that they have not relied on any promise, warranty, or representation not expressly set forth in these Terms.

  • Company disclaims all liability and responsibility for any third-party products or services or for the acts or omissions of any third-party providers or vendors.

  • Company may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services (“Updates”). User acknowledges and consents that Company may automatically install Updates without notice to User or requesting User’s consent. User’s continued use of the Services will be deemed User’s consent to the Updates. User further acknowledges that User may be required to install Updates to use the Services, and User agrees to promptly install any Updates provided by the Company.

  • Company may amend these Terms from time to time subject to its sole discretion provided prompt, written notice is provided to the User. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Company may also add, withdraw, or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Company places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

  • User and Company will exercise their best efforts to settle all disputes arising under these Terms by mutual agreement.
  • If the dispute cannot be resolved through mutual agreement, the User and Company will refer the dispute to mediation in accordance with the American Arbitration Association (“AAA”) rules then in effect.
  • Any controversy or claim arising out of, or relating to, these Terms, or the breach thereof, that cannot be resolved by mutual agreement or mediation in accordance with this Section, will be settled by arbitration in accordance with the AAA Commercial Arbitration Rules then in effect unless the User and Company mutually agree otherwise in writing. The User and Company will share equally all initial costs of arbitration. The prevailing party will be entitled to reimbursement of attorney’s fees, costs, and expenses incurred in connection with the arbitration. The User and Company, to the extent permitted by law, knowingly, voluntarily, and intentionally waive their rights to a trial by jury in any action or proceeding under any theory of liability arising from, or related to, these Terms.
  • All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. You and Company agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
These Terms will be governed by, construed, and interpreted exclusively in accordance with the substantive laws of [insert], without regard to any conflict of laws. Any mediation, arbitration, or judicial proceeding arising out of or related to these Terms will be commenced in [insert] County, [insert].
Company may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the User’s prior written consent. User may not assign its rights or obligations under these Terms without the Company’s prior written consent and such consent shall not be unreasonably withheld.
If any provision of these Terms is held invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of other provisions.
Neither User nor Company will be liable for delays in the performance of any of its obligations under these Terms due to causes beyond its reasonable control, which include, but are not limited to: strikes; acts of nature; or acts of federal, state, or local authorities.
As applicable, the representations, warranties, covenants, obligations, and rights of the User and Company will survive termination, completion, or acceptance of the Services or final payment to Company.
All provisions of these Terms, whether so expressed or not, will be binding upon, inure to the benefit of, and be enforceable by the User and Company and their respective legal representatives, successors and permitted assigns.

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

© 2021 The Hair Bazaar. All Rights Reserved.