Wi-Fi Terms & Conditions
Hair Cuttery®, Bubbles® Salons, and Other HCFB Locations
Last Updated: March 10, 2023
PLEASE READ THE WI-FI TERMS & CONDITIONS (“WI-FI TERMS”) CAREFULLY BEFORE USING OR ACCESSING OUR WI-FI SERVICES OR ANY OTHER SERVICE THAT IS DESCRIBED BELOW. BY USING OR ACCESSING THESE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE WI-FI TERMS, AS WELL AS OUR PRIVACY NOTICE, TERMS OF SERVICE FOR THE HCFB DIGITAL PLATFORMS, AND ANY OTHER APPLICABLE TERMS AND RULES, WHICH ARE HEREBY INCORPORATED BY REFERENCE AND CAN BE VIEWED VIA LINKS ON THE HAIR CUTTERY® BUBBLES® SALONS, AND CIBU® WEBSITES (COLLECTIVELY THE “AGREEMENT”).
WE RESERVE THE RIGHT TO CHANGE THE WI-FI TERMS BY POSTING AN UPDATED VERSION ON OUR WEBSITE, SO YOU SHOULD REVIEW THE LATEST VERSION EACH TIME YOU USE, ACCESS, OR OTHERWISE INTERACT WITH OUR WI-FI SERVICES. IF YOU DO NOT AGREE, DO NOT USE OUR WI-FI SERVICES.
Our Wi-Fi Services are provided to you free of additional charge. The Wi-Fi Terms govern your access to and use of the Wi-Fi Services that we offer at the locations we own, lease, manage, and/or maintain, including our corporate offices, any Hair Cuttery® and Bubbles® Salons, office, or other participating locations under our control (“Location(s)”). In exchange and for consideration of your use and access to our Wi-Fi Services, as well other good and valuable consideration that we provide (the receipt and sufficiency of which are hereby acknowledged), you agree that we shall have the right to enforce these Wi-Fi Terms.
The Wi-Fi 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 these W-Fi Terms, these Wi-Fi Terms apply.
IMPORTANT NOTICE: The Wi-Fi Terms include important legally binding agreements about how we will resolve disputes. They could affect your legal rights, so read them carefully. In particular:
- You agree to email us at email@example.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 Wi-Fi Terms. If you have questions, feel free to reach out by using the Contact Us methods available on the Hair Cuttery® and Bubbles® Salons websites and mobile app or by calling our Guest and People Care Center at 877-319-3919.
- Who we are
- Using our Wi-Fi Services
- Limitation on use
- Unauthorized use
- Security & privacy
- Content disclaimer
- Disclaimer of warranties
- Limitation of liability for HCFB and the Third-Party Provider(s)
- Changes to the Wi-Fi Services and terms
- Dispute resolution
- Consent to mandatory individual arbitration and class action waiver
- Your comments and questions
WHO WE ARE
Our Wi-Fi Services 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”).
USING OUR WI-FI SERVICES
Our Wi-Fi Services are provided by one or more third parties (“Third Party Provider(s)”). You must have a wireless enabled device capable of connecting to the Wi-Fi Services in order to use or access our Wi-Fi Services. Only current guests or invitees of participating Locations may our Wi-Fi Services. You understand that you are authorized to use our Wi-Fi Services solely while you are a guest or invitee of this Location and that your use is subject to these Wi-Fi Terms.
Our Wi-Fi Services are not intended for children under 16. Children under 16 years old should never use our Wi-Fi Services. Minors over the age of 16 may use Wi-Fi Services only under the supervision of a parent or legal guardian who agrees to accept and be bound to these Wi-Fi Terms on their behalf and to be the user responsible for any and all activity. By using or accessing our Wi-Fi Services, you warrant and promise, that you have the legal capacity to agree to the Wi-Fi Terms.
LIMITATION ON USE
We may offer you the opportunity to use our Wi-Fi Services at select, participating Locations, free of charge, provided you abide by and follow these Wi-Fi Terms and any instructions on the Wi-Fi Services sign in page or that you receive from an HCFB employee. Your access to our Wi-Fi Services may be limited to a maximum of one or two hours within any 24-hour period, or as may be further extended or limited in our sole and absolute discretion.
You agree that you will not violate our Acceptable Use Policy and that activities conducted online, through the Wi-Fi Services, shall not violate any applicable law, regulation, the rights of HCFB, the Third-Party Provider(s), or any other third-party. You understand that you are responsible for your conduct and the conduct of anyone who uses or accesses the Wi-Fi Services via your device.
HCFB will fully cooperate with law enforcement and other authorities upon receipt of notice that use of the Wi-Fi Services is, or may be, in violation of applicable law or otherwise causing harm. Where permitted by law, we reserve the right to monitor, intercept, and disclose any transmissions over or using Wi-Fi Services, and to provide user information, or use records, and other information under certain circumstances (for example in response to lawful process, orders, subpoenas, or warrants, or to protect HCFB, the Third-Party Provider(s), or any other person from harm.) For more information, see our Privacy Notice.
You agree and acknowledge that, without waiving or limiting any other available right or remedy, HCFB and the Third-Party Provider(s) each reserve and shall have the right to take such actions as it deems, in its sole discretion, to protect against violations of these Wi-Fi Terms, our Agreement, abuse of the Wi-Fi Services, and to otherwise protect its interests.
SECURITY & PRIVACY
You expressly acknowledge and agree that there are significant security, privacy, and confidentiality risks inherent in accessing, receiving, and/or transmitting information and other content through the internet, whether the connection to the internet is facilitated through wired or wireless technology. These security issues include, but are not limited to, the interception of transmissions, loss of data, and the introduction of viruses or other programs that can damage your device or network. Any material downloaded or otherwise accessed using our Wi-Fi Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer, system, or other device or loss of data that results from accessing or downloading any such material or use of the Wi-Fi Services.
Although privacy and security are important to HCFB and its Third-Party Provider(s), you understand and agree that you shall have no expectation that either HCFB or the Third-Party Provider(s) will be responsible for your security and privacy in connection with your use of the Wi-Fi Services. The Wi-Fi Services may not be encrypted and may use networks that are owned and operated by other third parties, may be subject to unauthorized interception, and not inherently secure.
HCFB and the Third-Party Provider(s) make no assurances that your communications or activities while using the Wi-Fi Services, or any information or data used, obtained, or provided by you while accessing the Wi-Fi Services, will be (or will remain) private or secure, and you further agree that HCFB and the Third-Party Provider(s) assume no responsibility in that regard. You agree that you, and not HCFB or the Third-Party Provider(s), are solely responsible for your own security and privacy while using the Wi-Fi Services, and for implementing any protections you deem appropriate, including, without limitation, to protect and secure your privacy, information, activities, hardware, software, and systems.
We do not exercise control over any other services or sites you may access while using our Wi-Fi Services. These third-party sites and services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those sites and services. In addition to the information described in our Privacy Notice, HCFB will collect information, in connection with our Wi-Fi Services, if that information is used to provide or facilitate the Wi-Fi Services. For more information regarding HCFB’s privacy practices, please review our Privacy Notice.
You understand that the internet contains materials and information that you may consider offensive, or which is untrue or inaccurate. You agree that you assume full responsibility and risk for use of the Wi-Fi Services, including access to the internet and any potentially offensive or inaccurate materials and information, by you or a minor child under your supervision, and that you are solely responsible for evaluating the suitability, appropriateness, and legality of any material or content that you encounter while using the Wi-Fi Services. HCFB or the Third-Party Provider(s) may, but are not required to, screen certain materials at their sole discretion.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE WI-FI SERVICES ARE PROVIDED SOLELY AS A CONVENIENCE TO HCFB’S GUESTS AND INVITEES, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE.” YOU FURTHER ACKNOWLEDGE AND AGREE THAT HCFB AND THE THIRD PARTY PROVIDER(S) DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v) QUALITY, (vi) ACCURACY, (vii) TIMELINESS, (viii) COMPLETENESS, (ix) TITLE, (x) QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION, (xiv) PRIVACY, OR (xv) THAT ACCESS TO OR USE OF THE WI-FI SERVICES OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF HCFB OR THE THIRD PARTY PROVIDER(S) ARE ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY HCFB, THE THIRD-PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
LIMITATION OF LIABILITY FOR HCFB AND THE THIRD-PARTY PROVIDER(S)
YOU ACKNOWLEDGE AND AGREE THAT THE WI-FI SERVICES ARE PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE WI-FI SERVICES DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON HCFB AND ITS THIRD PARTY PROVIDER(S), INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATING TO THESE WI-FI TERMS OR THE WI-FI SERVICES, FEATURES OR CONTENT, EVEN IF HCFB OR ITS THIRD PARTY PROVIDER(S) ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR HARM.
YOU FURTHER AGREE THAT IF, FOR ANY REASON, ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO FAIL OF THEIR ESSENTIAL PURPOSE OR ARE OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF HCFB AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE WI-FI SERVICES SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT PROVEN DAMAGES (IF ANY), OR (II) FIFTY ($50.00).
YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT, (ii) ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE, OR SERVICE INTERRUPTIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY HCFB’S OR THE THIRD PARTY PROVIDERS’ OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
You agree to indemnify, defend, and hold harmless HCFB and any Third-Party Provider(s), as well as their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any of these Wi-Fi Terms or otherwise arising out of your use of the Wi-Fi Services.
You agree that you will be liable to HCFB and any Third Party Provider(s) for any damages incurred or amounts that are required to be paid by HCFB and/or any Third Party Provider(s) that arise out of, or are related to, your violation of these Wi-Fi Terms, our Agreement, or use of the Wi-Fi Services, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorneys’ fees, and costs of enforcement.
CHANGES TO THE WI-FI SERVICES AND TERMS
You agree that HCFB and the Third-Party Provider(s) may, at any time and for whatever reason change, terminate, limit, or suspend the Wi-Fi Services or your access to the Wi-Fi Services, in whole or in part. HCFB also reserves the right to update or revise the Wi-Fi Terms at any time. Notwithstanding the foregoing, your use of the Wi-Fi Services after such changes signifies your acceptance of its revised terms.
We may terminate all or any part of the Wi-Fi Services or your access to any such service at any time with or without notice, but the Wi-Fi Terms will still apply. Upon any termination, any rights granted to you with regard to the Wi-Fi Services will immediately cease.
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 firstname.lastname@example.org 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 Wi-Fi Services or the Agreement (which includes these Hair Cuttery® Wi-Fi 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 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 HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into the Wi-Fi 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 Wi-Fi Services, these Wi-Fi 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 Wi-Fi 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 Wi-Fi Services, Wi-Fi Terms, or 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 our Wi-Fi Services 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 and class action waiver, 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 Wi-Fi 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 Wi-Fi Services 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 Wi-Fi Terms and Wi-Fi Services.
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
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