SMS Terms and Conditions

Last Updated: March 10, 2023

Please read these Hair Cuttery® Text Messaging Terms & Conditions (“Hair Cuttery® Messaging Terms” or “these Terms”) carefully. We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, and its direct and indirect subsidiaries and affiliates (“HCFB,” “we,” or “us”). We manage a family of brands that includes Hair Cuttery®, Bubbles® Salons, and cibu® (“Our Brands”). The Hair Cuttery® Messaging Terms apply to short messaging service (“SMS”) and mobile messaging service (“MMS”) communications that we (and our subsidiaries, affiliates, partners, and service providers) send about the Hair Cuttery® brand (“Hair Cuttery® text messaging services”). Some of the Hair Cuttery® text messaging services use an automatic telephone dialing system (“ATDS”).

By opting in or otherwise agreeing to the Hair Cuttery® text messaging services, you agree to be bound by the Hair Cuttery® Messaging Terms, as well as our Privacy Notice, Terms of Service for the HCFB Digital Platforms, and any other applicable terms and rules, which are incorporated by reference and can be viewed via links on our homepage. We sometimes refer to these, collectively, as our “Agreement” with you. The Hair Cuttery® Messaging Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the HCFB Digital Platforms and the Hair Cuttery® Messaging Terms, these Terms apply.

We reserve the right to change the Hair Cuttery® Messaging Terms by posting an updated version on our website, so you should review the latest version each time you interact with Hair Cuttery® text messaging services. When you interact Hair Cuttery® text messaging services, you agree to be bound by the current version of the Terms and the rest of the Agreement. If you don’t agree, you should not use Hair Cuttery® text messaging services. If you have already opted in, you should opt out, as described below.

IMPORTANT NOTICE: The Hair Cuttery® Messaging Terms, and the rest of our Agreement, are a legally binding contract between you and us. Please read the Hair Cuttery® Messaging Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:

You agree to email us at legal@haircuttery.com before you bring a claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same, provided we have a valid email address for you.
You agree that any disputes between us will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
You also agree that you will not try to sue us in a class action. This is called a “CLASS ACTION WAIVER.”

We want to make sure that you understand all our Hair Cuttery® Messaging Terms. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.

ABOUT HAIR CUTTERY® TEXT MESSAGING SERVICES

“Hair Cuttery® text messaging services” are communications about Hair Cuttery® sent via SMS and MMS messaging channels, including those sent using an ATDS, between HCFB (including our partners and service providers) and you. These communications may be sent on a recurring basis. Frequency may vary and we reserve the right to alter message frequency at any time.

There are two categories of Hair Cuttery® text messages: transactional texts and marketing texts. Transactional text messages include appointment notification texts, which provide information about appointments at our Hair Cuttery® salons (such as confirmations, cancellation, updates, and similar communications), and account information texts, which include security updates and other information about your Hair Cuttery® account. Marketing texts messages include promotional and advertising texts about products, services, specials, and discounts offered by Hair Cuttery®, including for cibu® brand products.

Although Hair Cuttery® text messaging services are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. Hair Cuttery® text messaging services are not compatible with all cell phone models and not all mobile phone providers carry the necessary service to participate. Check your phone capabilities. You should have a wireless device of your own that is capable of two-way messaging, be using one of the participating wireless carriers, which are listed below, and be a wireless service subscriber with text messaging service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You have choices about the texts you receive from us. To learn more, please keep reading.

HOW TO OPT INTO HAIR CUTTERY® TEXT MESSAGING SERVICES

Opting into any Hair Cuttery® text messaging service means that you are providing express written (and in some instances, signed) consent to receive recurring texts about Hair Cuttery®, including those sent via an ATDS and other technologies, at the mobile telephone number associated with your opt in; and, that we can use an electronic record to document your consent. You also agree that your information can be processed in accordance with our Privacy Notice. As part of your opt in, you certify that you are over the age of 18 (unless you are a resident of Alabama, Nebraska, or Mississippi, in which case you must be over the age of 19 or 21, respectively), are authorized to consent to receive recurring texts on the relevant mobile telephone number, and are a current subscriber of that number on a personal, family, or business plan. If you change or deactivate your mobile phone number, please contact us at privacy@haircuttery.com so that we can remove your number from any applicable text messaging programs.

As described above, there are two categories of Hair Cuttery® text messages. You have choices about which texts you receive and may opt in separately, as described below.

Transactional texts. You can choose to receive transactional text messages, including about your appointments at our Hair Cuttery® salons (such as confirmation, cancellation, and other appointment-related notifications) and your Hair Cuttery® account, when you make an appointment, create your account, or update your communication preferences on our website or in the Hair Cuttery® app. When you agree to receive transactional text messages about Hair Cuttery®, you provide express written consent to receive those messages via an ATDS and other technology on a recurring basis.

Marketing texts. We’ll ask you whether you want to receive Hair Cuttery® marketing texts, for example when you sign up for an account, in the preferences section of our website, in the preferences section of the Hair Cuttery® app, and at other points throughout our relationship with you. You opt in by agreeing. When you agree, you provide express written consent to receive recurring marketing, promotional, advertising, informational, and similar texts about Hair Cuttery® salons, services, and products, including cibu® brand products, at the mobile telephone number you provided.

We confirm that you’ve opted in. It’s important to us that we only send texts that you want, so we’ll send a confirmation text after someone opts into our transactional or marketing texts. When someone opts into Hair Cuttery® transactional texts, we’ll text the associated mobile telephone number to confirm that they’ve agreed to receive Hair Cuttery® transactional texts. We also let them know that they can cancel their opt in by texting STOP in response or by clicking the link provided. When someone opts into Hair Cuttery® marketing texts, we send the associated mobile telephone number two text messages. In the first text, we ask that the recipient to reply “YES” to confirm that they’ve opted into Hair Cuttery® marketing texts, and that they want to receive those texts on a recurring basis, or that they respond by texting “STOP” to cancel their opt in. If we receive a “STOP” message, we won’t send any more marketing texts to that number (unless we receive another opt in request), except that we might send an additional text letting the recipient know that their opt out has been processed.

HOW TO OPT OUT OF HAIR CUTTERY® TEXT MESSAGING SERVICES

You can always opt out of any part of Hair Cuttery® text messaging services.

Transactional texts. To opt out of Hair Cuttery® transactional texts, text STOP to 914-293-5724 from the associated mobile telephone number, click on the link contained in our transactional texts, update your communication preferences (either on our websites or in the Hair Cuttery® app), or call 877-319-3919. Your opt out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After this, you won’t receive transactional texts about Hair Cuttery®, unless you re-enroll. If you change your mind, and want to start receiving Hair Cuttery® transactional texts again, just sign up as you did the first time.

Marketing texts. To opt out of marketing texts about Hair Cuttery®, text STOP to 855-577-1216 from the associated mobile telephone number, update your communication preferences (either on our websites or in the Hair Cuttery® app), or call 877-319-3919. Your opt out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After this, you will no longer receive marketing texts about Hair Cuttery®, unless you re-enroll. If you want to start receiving these texts again, just sign up as you did the first time.

GETTING HELP

Please let us know if you need help with any part of the Hair Cuttery® text messaging services. You can call HCFB’s Guest and People Care Center at 877-319-3919 or contact us using the Contact Us methods available on our Digital Platforms. For help with appointment and account related text messages, you can also text HELP to 914-293-5724. If you need help with Hair Cuttery® promotional texts, text HELP to 855-577-1216.

SUPPORTED CARRIERS FOR HAIR CUTTERY® TEXT MESSAGING SERVICES

Supported mobile carriers may change from time to time, but the texting services are currently supported on the following U.S. carriers for SMS messages: Sprint, Verizon, AT&T, T-Mobile, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Texting Services are currently supported on the following U.S. carriers for MMS messages: Sprint, Verizon, AT&T, and T-Mobile.

Please note, however, that the supported mobile carriers may change without notice, and the texting services you opt into, including those operated through a different number, may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.

PRIVACY

Sometimes Hair Cuttery® text messaging services convey information of a personal nature, including but not limited to appointment information, booking information, and service details, and whoever has access to the mobile phone or carrier account will also be able to see this information. By opting into a particular service, you agree to this and acknowledge and understand that messages are sent without encryption, which presents some security risk. If you have any questions regarding privacy, please read our Privacy Notice.

DISCLAIMERS

Hair Cuttery® text messaging services are offered on an “as-is” basis and may not be always available in all areas and may not continue to work in the event of a product, software, coverage, or other changes made by your wireless or internet provider. We will not be liable for delays or failures in the receipt of any messages connected with any of our electronic messaging services.

CHANGES TO THE HAIR CUTTERY® TEXT MESSAGING SERVICES & TERMS

You agree that HCFB may, at any time and for whatever reason change, terminate, limit or suspend the Hair Cuttery® text messaging services (in whole or in part) or your access to our text messaging services. We reserve the right to alter message frequency at any time. HCFB also reserves the right to update or revise the Hair Cuttery® Messaging Terms at any time. Notwithstanding the foregoing, your use of the Hair Cuttery® text messaging services after such changes signifies your acceptance of the revised terms.

TERMINATION

We may terminate all or any part of the Hair Cuttery® text messaging services or your participation in any such service at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but the Hair Cuttery® Messaging Terms will still apply. Upon any termination, any rights granted to you with regard to the Hair Cuttery® text messaging services will immediately cease.

DISPUTE RESOLUTION

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and HCFB, you agree to first contact us by emailing legal@haircuttery.com before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.

Judicial Forum for Disputes. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you and HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with our text messaging services or the Agreement (which includes these Hair Cuttery® Messaging Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and every other part of our Agreement) 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), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

CONSENT TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the 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). If you agree to arbitrate a dispute, you waive those rights; and, instead of being decided by a judge or jury in court, your dispute will be submitted to a neutral third person (an “arbitrator”) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all disputes between you and HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into the #MyHCStyle Terms constitutes a waiver of your right to litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.

We both agree to arbitrate our claims. You and HCFB agree to resolve any claims relating to or arising from the #MyHCStyle Program, the #MyHCStyle Terms, and every other part of our Agreement through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the dispute can be arbitrated.

NO CLASS ACTIONS. You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these #MyHCStyle Terms you and HCFB are each waiving the right to trial by jury or to bring or participate in a class action or class arbitration of claims relating to or arising out of the #MyHCStyle Terms, the #MyHCStyle Program, or any part of the Agreement. You are not allowed to bring or participate in class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against HCFB. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in our home county, in the Commonwealth of Virginia or another location to which we agree. 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.

Arbitration costs and incentives. AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.

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.

Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the #MyHCStyle Program or infringement on intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia.

You may opt out of this mandatory individual arbitration provision and class action waiver. If you do not want to agree to this mandatory individual arbitration provision, you can opt out by mailing written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Department
1640 Boro Place, 4th Floor
McLean, Virginia 22102

Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. For your opt out to be effective, you must mail us within thirty (30) days of signing up for an account with us or acknowledging that you have been notified of these #MyHCStyle Terms, whichever comes later. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Continuation. This provision shall survive the termination of the #MyHCStyle Terms, the #MyHCStyle Program, and your relationship with HCFB, our parents, subsidiaries, and affiliates.

Severability. If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the #MyHCStyle Terms and the #MyHCStyle Program.

MISCELLANEOUS

Entire Agreement. The Agreement (which includes these #MyHCStyle Terms, Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these #MyHCStyle Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.

YOUR COMMENTS AND QUESTIONS

Please call our Guest and People Care Center at 877-319-3919 or contact us using the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.

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