Terms of Service
Last Updated: March 10, 2023
Thanks for visiting! Please take the time to read the Terms of Service for the Hair Cuttery Family of Brands Digital Platforms (“Terms” or “Terms of Service for the HCFB Digital Platforms”), our Privacy Notice, and any other written policies that we have made available to you. These Terms apply to our Digital Platforms, which are described below Some of the Digital Platforms may be subject to additional policies and terms. We sometimes refer to these, collectively, as our “Agreement” with you.
Our Agreement (including these Terms) is a legally binding contract that governs how you access, use, and interact with our Digital Platforms. Because it is binding, and can affect your legal rights, it’s important that you read the entire Agreement. We may update these Terms, and any other part of our Agreement, from time to time. The most current versions will be available on our homepages at www.haircuttery.com, www.bubblessalons.com , and www.mycibu.com and will govern our relationship with you. Please check these pages frequently to make sure that you stay up to date on any changes
We reserve the right to change these Terms by posting an updated version on our homepage, so you should review the latest version each time you interact with any of our Digital Platforms. When you access, use, or interact with our Digital Platforms, you agree to be bound by the current version of these Terms and the rest of the Agreement. If you don’t agree, please don’t access, use, or interact with our Digital Platforms.
IMPORTANT NOTICE: These Terms, and the rest of our Agreement, include important legally binding promises about how you and HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands (“HCFB,” “we,” or “us”) will resolve disputes. Please read these Terms carefully as they could affect your legal rights. In particular:
- You agree to email us at firstname.lastname@example.org 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 you and HCFB will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and HCFB 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 HCFB in a class action lawsuit, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”
It’s important to us that you understand these Terms and the rest of our Agreement. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile app or by calling our Guest and People Care Center at 877-319-3919.
- Who we are
- About our Digital Platforms
- Who can use our Digital Platforms
- What you can expect from our Digital Platforms
- Mobile devices
- Sweepstakes & contests
- Our intellectual property
- Acceptable use policy
- Your account
- Your information and User Content
- Third party content, links, and services
- Copyright protection and notification guidelines
- These terms may change
- Limitation of liability
- Dispute resolution
- Consent to mandatory individual arbitration and class action waiver
- International Use
- Notice to California consumers
- Your comments and questions
WHO WE ARE
We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, its direct and indirect subsidiaries, and its affiliates. We manage a family of brands that include Hair Cuttery®, Bubbles® Salons, and cibu® (“Our Brands”).
ABOUT OUR DIGITAL PLATFORMS
When we refer to our “Digital Platforms,” we mean our websites, mobile applications, desktop applications, software, social media, text messaging services, emails, online advertisements, and in-store wireless internet, the content, materials, and services that we own, offer and make available through any of these platforms, as well as those associated with or used by any of Our Brands.
WHO CAN USE OUR DIGITAL PLATFORMS
Our Digital Platforms are intended for an adult audience of persons who can form legally binding agreements. The Digital Platforms are not intended for children under 16. Children under 16 years old should never use our Digital Platforms. Minors over the age of 16 may use the Digital Platforms, in accordance with the applicable terms, only under the supervision of a parent or legal guardian who agrees to be the user responsible for any and all activity.
The Digital Platforms are for personal, noncommercial use, only, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Digital Platforms for your minor child who is over the age of 16). The Digital Platforms are also intended for use within the United States, only. If you use or access our Digital Platforms from outside the United States, you are responsible for complying with the laws and regulations of the relevant jurisdiction.
You may only use the Digital Platforms if you agree to these Terms, and the rest of the Agreement (where applicable), as a binding contract with HC Salon Holdings, Inc., and promise that you meet all of the eligibility criteria outlined in these Terms and any other applicable part of our Agreement.
WHAT YOU CAN EXPECT FROM OUR DIGITAL PLATFORMS
Content from third parties and other users. Some of the content that you see on the Digital Platforms will come from other users or sources outside of HCFB. All content, including User Content (which is defined below) and third-party content, is the responsibility of the party that creates it or provides it to us. We don’t control or endorse any User Content or third-party content, and we don’t make any claims or representations regarding content that we don’t create. We may provide links to third party sites or resources, but these links don’t mean we endorse or have any associations with the third parties who provide those sites or resources. If any damage or loss results from your use of, reliance on, or access to any content that a third party makes available, you acknowledge and agree that HCFB is not responsible or liable, directly or indirectly. When you access third party resources on the Internet, you do so at your own risk.
We can monitor you, but we don’t have to. We may review content on the Digital Platforms, but we don’t have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Digital Platforms, including User Content, without notice or further obligation. We take no responsibility related to third party content, User Content, or any actions resulting from your use of any part of the Digital Platforms. HCFB will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Digital Platforms.
Our Digital Platforms may change. We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the any of our Digital Platforms, including the content, features, promotions, or products offered through the Digital Platforms, charge fees in connection with the use of the Digital Platforms, and offer different or new opportunities to some or all users of the Digital Platforms. In the case of unforeseen or extenuating circumstances, we may do so without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Digital Platforms, or any service, content, feature or product offered or described on through the Digital Platforms.
Inaccuracy disclaimer. From time to time our Digital Platforms may contain information with typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order or made an appointment). While we make reasonable efforts to ensure the information provided is accurate, we make no warranties about the accuracy and reliability of the information, data or content on our Digital Platforms. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Digital Platforms. The content on our Digital Platforms is provided for informational purposes only and may be compiled from a variety of sources. See the “Disclaimer” section, below, for more details.
We agree to grant you a non-exclusive, non-transferable, revocable license to use an object code copy of our mobile application for one registered account on one compatible mobile device that is owned or leased solely by you, for your personal use. You can’t use our mobile applications if you do not have a compatible mobile device and we can’t promise that our mobile applications will be compatible with any particular mobile device, including yours.
You may not: (i) modify, disassemble, decompile, or reverse engineer any of our mobile applications, except to the extent that such a restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any of our mobile applications to any third party or use any of our mobile applications to provide time sharing or similar services for any third party; (iii) make any copies of any of our mobile applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security related features of our mobile applications, features that prevent or restrict use or copying of any content accessible through our mobile applications, or features that enforce limitations on use of our mobile applications; or, (v) delete the copyright and other proprietary rights notices on our mobile applications.
The foregoing license grant is not a sale of any mobile application or any copy thereof. HCFB and our third-party licensors and suppliers retain all rights, title, and interest in and to the mobile applications (and any copy of the mobile applications).
You must comply with all applicable laws and third-party terms of agreement when accessing our Digital Platforms from a mobile device and when you use our mobile applications. Additional terms and conditions may apply based on your mobile device.
Additional terms for iOS App users
The following additional terms and conditions apply with respect to any mobile application that HCFB provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and HCFB only, and not with Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- HCFB, and not Apple, is solely responsible for our iOS App and the services 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 HCFB, and not Apple, is 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, including the mandatory individual arbitration provision and class action waiver, and any law applicable to us as provider of the iOS App.
- You agree that HCFB, and not Apple, shall be responsible, to the extent required by these Terms, 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 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 are not included 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 as they relate to your license of HCFB’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
Additional terms for Android App users
The following additional terms and conditions apply with respect to any mobile application that HCFB provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and HCFB only, and not with Google, Inc. (“Google”).
- Your use of HCFB’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. HCFB, and not Google, are solely responsible for HCFB’s Android App and the services available thereon. Google has no obligation or liability to you with respect to HCFB’s Android App or these Terms.
- Any claims are governed solely by these Terms, including the mandatory individual arbitration provision and class action waiver, and any law applicable to us as provider of the Android App.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the HCFB’s Android App.
SWEEPSTAKES & CONTESTS
Any sweepstakes, contests, and other promotions run on the Digital Platforms or referenced in connection with the Digital Platforms (“Promotions”), shall be governed by these Terms and the associated rules provided or posted in connection with such Promotions. Promotions may require the participant to provide some personally identifiable information, including without limitation: name, address, e-mail address, and telephone number, in order to participate. By providing information, you agree that it is subject to our Privacy Notice.
OUR INTELLECTUAL PROPERTY
We own (or license) the Digital Platforms, including 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), all of which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to our Digital Platforms or any content on our Digital Platforms is transferred to you, and we reserve all rights not expressly granted.
Unless otherwise specified in these Terms, we are the sole owners of all information and screens on the Digital Platforms, Copyright ©2023 HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, or our 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. Our name, the terms and all related names, logos, product and service names, designs and slogans are our trademarks or our affiliates or licensors, including those of Our Brands. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Digital Platforms are the trademarks of their respective owners.
Don’t access any our Digital Platforms for a commercial purpose; modify or modify copies of any material on our Digital Platforms; or, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on our Digital Platforms. Any use of the Digital Platforms not expressly permitted by these Terms is a breach of these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Digital Platforms in breach of these Terms, we may terminate your access to our Digital Platforms and require you to return or destroy any copies of the materials you have made.
Our mobile applications and related documentation are “Commercial Items”, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” If you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein and unpublished rights reserved under the copyright laws of the United States.
ACCEPTABLE USE POLICY
We trust you to use our Digital Platforms responsibly. But, in order to protect ourselves and our users, we may monitor, modify, terminate, and disclose to third parties your use of the Digital Platforms. You agree not to misuse our Digital Platforms or help anyone else to do so. For example, you must not even try to do any of the following (“Prohibited Uses”) in connection with the Digital Platforms:
- Use or exploit the Digital Platforms for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, intrusive on another’s privacy, harmful to the interests of us or our users;
- Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
- Upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right without first obtaining permission from the owner;
- Collect or store personal data that is not your own;
- Reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Digital Platforms (including our mobile applications and any software we make available) for any purpose unless expressly approved by us in writing;
- Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
- Undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Digital Platforms, nor will you use or exploit the Digital Platforms in any way other than as expressly permitted by these Terms;
- Remove, alter, obscure, or otherwise render unintelligible any proprietary notices;
- Deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms;
- Disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party, including via software viruses or any other computer codes.
HCFB reserves sole and absolute discretion to determine whether there has been a violation of these guidelines.
You may be able to navigate some of the Digital Platforms without creating an account. However, certain Digital Platforms require that you create and maintain an active account with us. For us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You shouldn’t share your account information or use another person’s account or registration information for the Digital Platforms. You are solely responsible for keeping your account and account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account.
You are solely responsible for any activity that occurs through your account, including any impact to your personal device. Similarly, for any Digital Platforms that you can access without creating an account, you are solely responsible for any activity that occurs through your personal device in connection with the Digital Platforms.
YOUR INFORMATION AND USER CONTENT
We want to hear from you. Occasionally, you may see areas on our Digital Platforms where you can post information and content or communicate with us and other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities. When we refer to “User Content,” we mean any materials and communications, including but not limited to photos, text, graphics, audio, video, location information, comments, reviews, and other content that you provide, submit, distribute, transmit, or post to HCFB through, without limitation, our Digital Platforms, social media and third-party sites (including, without limitation, Instagram, Twitter and Facebook), in person, and at our stores.
Content guidelines. User Content must adhere to our acceptable use policy, and may not include any profanity or obscene, indecent, pornographic, graphic, violent, or discriminatory material, and must not promote any illegal activity. It may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or medical condition and may not promote or encourage suicide or self-harm. Don’t submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. Your User Content may not impersonate another person, user, or entity. User content may not promote any service or product offered by the contributor, without our express consent, and may not convey any unauthorized or unsolicited advertising. Don’t post anyone’s private information, identification documents, or sensitive financial information (including yours) and don’t post personally identifiable information regarding another person without their consent. Your User Content should not include pictures, videos, or images identifying anyone other than yourself or your immediate family. User Content submitted to the Digital Platforms should not include photos, videos, images, or other information about minor children, unless you are that child’s parent or legal guardian. Never submit photos, videos, images, or other information about a child who is under the age of 13.
If you submit User Content that we reasonably believe violates these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. Such actions may include, for example, the removal of your User Content, limiting your ability to use and post to our Digital Platforms, or the termination of your account. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to in this section, in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Digital Platform.
You promise that your User Content is yours. We need you to promise us certain things about your submissions so that you don’t get us into trouble. When you submit User Content, you represent and warrant that all of your User Content is original content that was created by you or that you hold all necessary right, title, and license to such materials; your submission of such materials to HCFB does not and, when used by HCFB as an authorized under these Terms, will not violate or infringe the rights of any third parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and, all User Content you provide is accurate, complete, up-to-date, and not misleading. Don’t use someone else’s User Content and pretend it’s your own, including any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to HCFB. For example, if someone has taken a picture of you, and you submit that photo to HCFB as your User Content, then you must obtain the photographer’s permission to do so.
User Content isn’t confidential. Except as otherwise described in our Agreement, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark it as “confidential,” “proprietary,” or the like – and will not be returned; and (b) HCFB does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon our request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms and our Agreement with you. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk. In your communications with HCFB, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise; and, any you post on or send to us via the Digital Platforms are deemed User Content and licensed to us as set forth below. In addition, we retain all the rights held by members of the general public regarding such ideas and materials, our receipt such materials not an admission of their novelty, priority, or originality and does not impair our right to contest existing or future intellectual property rights relating to such ideas or materials.
You own your User Content, but we can use it. You keep all ownership and license rights of the User Content you share with us or on our Digital Platforms. However, by sharing your User Content with us you grant us a license to use it. When you submit, distribute, transmit, or post User Content on our Digital Platforms, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content for any lawful purpose, including commercial purposes and advertising, and in any and all media formats or distribution channels (including, without limitation, digital, print, in-store, etc.), without any additional permission from you, other than the permission you provide, here, by agreeing to these Terms and the other, applicable parts of the Agreement. You agree that this license includes the right for HCFB to use your User Content to provide, promote, and improve the Digital Platforms. You understand that we may use your User Content, without compensation of any kind to you, including if we use your User Content for advertising, promotional, or other commercial purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use that User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products and service techniques. You agree that, unless prohibited by applicable law, this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your account and relationship with HCFB. If you don’t agree to these conditions, then please don’t provide us any User Content.
Other people on our Digital Platforms can use your User Content. You also give each user of the Digital Platforms an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Digital Platforms and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your account and your relationship with HCFB. If you don’t agree, then please don’t submit, distribute, transmit, or post your User Content on our Digital Platforms.
Linking to our Digital Platforms. You can link to the Hair Cuttery® homepage, the Bubbles® Salons homepage, and the cibu® homepage, as long as you do so legally and don’t damage or take advantage of our reputation or suggest any form of association, approval or endorsement on our part without our express written consent. You must never, establish a link from a website that is not yours, cause our Digital Platforms or part of our Digital Platforms to be displayed, or appeared to be displayed, 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 the website for HCFB or any of Our Brands, or otherwise take any action with respect to the materials on our Digital Platforms that is inconsistent with any other provision of these Terms. You also promise that you’ll help us to stop any unauthorized framing or linking.
We reserve the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.
THIRD PARTY CONTENT, LINKS, AND SERVICES
The Digital Platforms may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.
When you access a third-party link through our Digital Platforms, you may be providing your information to that third party. The third party’s policies will control how it will use, store, or disclose the information you provide. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We don’t vouch for 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. We also don’t warrant that such sites or content are free from claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious code. The links may not function properly, and we make no warranties or promises that any link will bring you to the site you intended. You are responsible for confirming the identity and authenticity of any website you visit online. If you decide to access any of the third-party websites linked to our Digital Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
YOU AGREE THAT HCFB 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.
COPYRIGHT PROTECTION AND NOTIFICATION GUIDELINES
We respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied on our Digital Platforms in a way that constitutes copyright infringement, please let us know in accordance with the instructions below so that we can respond expeditiously (your “DMCA Notice”). Your DMCA Notice should include the information, below. We might also for additional information before we remove any allegedly infringing material.
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where that material is located on our Digital Platforms;
- Your address, telephone number, and email address;
- A statement that you believe, in good faith, that the use is not authorized by the copyright owner, its agent, or the law;
- Your promise, made under penalty of perjury, that that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
- An electronic or physical signature of the person authorized to act with regard to the intellectual property.
If we remove or disable access to content you provide, pursuant to a valid DMCA notice, we’ll notify you and you may provide us with a counter-notification, in writing, to our designated Copyright Agent. Your counter-notification must include all of the following information: your name, address, phone number, and signature; identification of subject material; the location at which the material had appeared; 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, your consent to the jurisdiction in the judicial district where your physically located, or if that is outside of the United States, for any judicial district in which we are 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. Our designated Copyright Agent, pursuant to 17 U.S.C. 512(c), is:
Hair Cuttery Family of Brands Compliance Officer
Hair Cuttery Family of Brands
1640 Boro Place, 4th Floor
McLean, VA 22102
To learn about how we will use the personal information collected in our Digital Platforms, please read our Privacy Notice.
THESE TERMS MAY CHANGE
We may revise and update these Terms, and any other part of the Agreement, from time to time. These updates might be because we’ve changed one or more of our Digital Platforms, changed how we do business, for legal, regulatory, or security reasons, or to prevent abuse or harm. We will try to give you notice of changes in a way that we think is reasonable under the circumstances. The changes will not be retroactive, but they are effective thirty (30) days after notice of the updated terms have been posted on one or more of our Digital Platforms.
You agree that we may provide updates, notices, and disclosures about any changes or amendments to these Terms and any other part of the Agreement, as well as other information about our Digital Platforms electronically, including on our websites, through our mobile apps, via social media, or by sending an email to the address we have on file for you. You understand and agree that each of these methods of notice, on their own, are sufficient.
The most current version of these Terms, which will always be on our websites, will govern our relationship with you. Please check frequently to make sure that you stay up to date on any changes.
You’re free to stop using our Digital Platforms at any time. We reserve the right to suspend or terminate your access to our Digital Platforms if we decide, in our sole discretion, that: (a) you’re in breach of these Terms; (b) your use of the Digital Platforms would cause a risk of harm or loss to us or other users; or, (c) you haven’t accessed our Digital Platforms for twelve consecutive months. We may also decide to discontinue all or part of our Digital Platforms entirely. As part of using our Digital Platforms, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.
We’ll try to provide you with reasonable advance notice on the Digital Platforms or via the email address associated with your account. We won’t provide notice before termination where you’re in material breach of these Terms, doing so would cause us legal liability or compromise our ability to provide the Digital Platforms to our other users, or we’re prohibited from doing so by law.
We strive to provide great products and services, but there are certain things that we can’t guarantee. You should also know that, for a variety of reasons, the Digital Platforms may not always be available and may, sometimes, display inaccurate or outdated information. We also cannot guarantee that the Digital Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, HCFB, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE DIGITAL PLATFORMS, CONTENT, AND OTHER SERVICES. WE PROVIDE OUR DIGITAL PLATFORMS ON AN “AS AVAILABLE” AND “AS IS” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
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.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR DIGITAL PLATFORMS IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE DIGITAL PLATFORMS. HCFB MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, FUNCTIONALITY OF OUR DIGITAL PLATFORMS, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM RESPONSIBILITY FOR ANY SORT OF CLAIM, LIABILITY, OR DAMAGE RELATED TO ERRORS IN OR OMISSIONS IN OUR DIGITAL PLATFORMS, THE UNAVAILABILITY OF OUR DIGITAL PLATFORMS, OR YOUR USE OF ANY OF OUR DIGITAL PLATFORMS.
YOU AGREE THAT THE PRODUCTS AND SERVICES YOU RECEIVE MAY VARY FROM THOSE DISPLAYED ON THE DIGITAL PLATFORMS DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS AND SERVICES. THE DIGITAL PLATFORMS MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE DIGITAL PLATFORMS DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME YOU SCHEDULE AN APPOINTMENT OR PLACE AN ORDER.
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.
Because some places don’t allow the disclaimers in this section, some or all of these disclaimers might not apply to you.
LIMITATION OF LIABILITY
We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE (AND ANY OF OUR PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, AND DIRECTORS) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR:
- ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; AND,
- ANY LOSS OF USE, PROFIT, BUSINESS, REVENUE, OR DATA.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM ARISES FROM THESE TERMS, ANY OTHER PART OF THE AGREEMENT, YOUR USE OF OUR DIGITAL PLATFORMS, OR ANY OF THE CONTENT OR OTHER MATERIALS LOCATED ON, ACCESSED THROUGH OR DOWNLOADED FROM THE DIGITAL PLATFORMS; (3) WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR, (4) WHETHER OR NOT THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US.
You agree to defend, indemnify and hold HCFB harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of our Digital Platforms and/or your breach of any representation, warranty, or other provision of the Agreement.
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 email@example.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 Digital Platforms or the Agreement (which includes these Terms, the 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 INDIVIDUAL 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 the HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into these 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 our Digital Platforms, these 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 that 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 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 these Terms, the Agreement, or our Digital Platforms. 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 agreement 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 Digital Platforms 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 consent to the mandatory individual arbitration agreement, you can opt out by mailing written notification to the address below. Your decision to opt out of this provision 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 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.
Severability. If any part of this “Dispute Resolution” section 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 agreement is null and void. Otherwise, the terms of the mandatory individual arbitration agreement will survive termination of these Terms and the Digital Platforms.
HCFB 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 and make no claims that they 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; and, if you access them from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
The parties hereto have expressly required that these Terms, our Agreement with you, and all documents and notices relating thereto be drafted in the English language.
NOTICE TO CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. These Digital Platforms are provided by HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, c/o Legal Department, 1640 Boro Place, 4th Floor, McLean, Virginia, 22102. If you have purchased anything through our Digital Platforms, a description of what you have purchased and relevant pricing information are posted as part of our ordering process (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint, please contact Guest Care at firstname.lastname@example.org or call 877-319-3919. You may also contact us by writing HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, c/o Legal Department, 1640 Boro Place, 4th Floor, McLean, Virginia, 22102. 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.
Entire agreement. The Agreement (which includes these Terms, 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 Terms, 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.
© 2023 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.