HairClub XTRANDS+® & RestorInk® Canada Terms and Conditions of Services
Last Modified: December 22, 2025
This Terms and Conditions of Services is between Company and You, as defined in Your Client Services Agreement, and these Terms are incorporated into the Client Services Agreement as of the Effective Date. The Client Services Agreement and these Terms together with any documents they expressly incorporate by reference are collectively referred to as the “Agreement”). Any capitalized terms not otherwise defined herein shall have the meaning attributed to them in Your Client Services Agreement.
Acceptance of Terms and Changes
By signing Your Agreement, You agree to be bound by these Terms. These Terms are subject to change. Any material changes will be communicated in writing or via email at least thirty (30) days prior to taking effect. If You disagree with this Agreement or any terms or conditions, your sole remedy is to discontinue your use of the Services, and you may not be entitled to a refund in accordance with Your Agreement. Your continued use after a change to this Agreement has been provided or posted constitutes your acceptance of this Agreement as modified by such changes.
No Transfers
The Services described in the Agreement are personal and tailored to You, as such You cannot transfer the benefits described in this Agreement to anyone.
Governing Law & Arbitration
This Agreement shall be governed and interpreted in accordance with the laws of the province or state in which the Agreement is signed without giving effect to principles of conflicts of law. Notwithstanding this governing law provision, if for any reason, the whole Agreement or any portion of it is voided or unenforceable in such province or state, then this Agreement shall be governed and interpreted in accordance with the laws of the state of Florida in the United States. To the fullest extent permitted by law, all Claims arising under this Agreement must be resolved and settled by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and conducted before a single arbitrator who is a member of the AAA. Arbitrations must be held in the county or province where the Agreement was signed, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing and will detail all findings of fact and law upon which the ruling was made. The ruling may be vacated or corrected on appeal to a court of competent jurisdiction in the event of errors of law or legal reasoning. The arbitrator’s ruling will otherwise be final and binding on all parties and may be entered in any court of competent jurisdiction. The parties agree that all fees, costs and expenses, including, without limitation, reasonable attorneys’ fees and arbitrator costs, incurred by the prevailing party of an arbitration proceeding under this Agreement shall be reimbursed by the losing party; provided, that if a party prevails in part, and loses in part, the court, arbitrator or other adjudicator may award a reimbursement of the fees, costs and expenses incurred by each party equitably.
Indemnification
You agree to defend, indemnify, and hold harmless Company, and any subsidiaries and affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) Your use or misuse of the Services; (ii) Your breach of the Agreement; (iii) the content or subject matter of any information You provide to Company; and/or (iv) any negligent or wrongful act or omission by You in Your use or misuse of the Services, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
No Class Action
To the fullest extent permitted by applicable law, You agree not to bring or participate in any claims against Company as a plaintiff or class member in any class or representative proceeding. Unless You and Company agree otherwise, the arbitrator, or court of competent jurisdiction, shall not have the authority to consolidate or join the claims of other persons or parties similarly situated, and may not preside over any form of a representative or class proceeding. If a claim involves this subsection and this subsection is found to be invalid, unenforceable or illegal by a court, any such claim must be adjudicated by a court of competent jurisdiction and not by an arbitrator.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN CONSIDERATION FOR THE SERVICES YOU ARE RECEIVING, YOU AGREE THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES OR EMPLOYEES SHALL BE LIABLE FOR DAMAGES TO YOU OR YOUR ESTATE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF ANY BREACH, INJURY OR NEGLIGENCE BY COMPANY OR ITS EMPLOYEES OR OUT OF ANY ACTIONS, SUITS, CLAIMS OR DEMANDS THAT ARISE FROM THE SERVICES YOU ARE RECEIVING OR THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, THE WHOLE OR ANY PORTION OF THIS LIMITATION OF LIABILITY IS VOIDED OR UNENFORCEABLE, THEN COMPANY’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY TO YOU FOR DAMAGES RESULTING FROM ANY BREACH, INJURY OR NEGLIGENCE IS LIMITED TO GENERAL MONEY DAMAGES EQUAL TO OR LESS THAN THE SERVICE FEE(S) ACTUALLY PAID BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE COMPANY’S LIABILITY. COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES NOT CONTAINED IN THIS AGREEMENT.
Miscellaneous
If any term or condition of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, then to the extent allowed by law, the arbitrator or court shall apply the intention behind the invalid term to its interpretation of the Agreement and if not feasible, then the invalid term shall be stricken from this Agreement, but the balance of this Agreement shall remain in effect in accordance with its remaining terms. In no event shall Company be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms. This Agreement may not be amended, and its terms may not be waived, except by written document signed by both parties.
