Notice and Acceptance of Terms of Use

Last modified on January 17, 2018

PLEASE READ THE FOLLOWING NOTICE WITH RESPECT TO THE TERMS OF USE AND DISCLAIMERS APPLICABLE TO YOUR USE OF THE HAIR CLUB® WEBSITE. 

These Terms of Use are entered into by and between You and Hair Club for Men, Ltd., Inc. ("Hair Club", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use") govern your visit to and use of www.hairclub.com, including any content, and functionality offered on or through www.hairclub.com (the "website") whether as a visitor or a prospective customer opting in to be contacted. Your access and use of the website, lets Hair Club know that you consent to be bound by Hair Club’s Terms of Use, Privacy Policy, and applicable federal and state or provincial law, as applicable, in effect at the time of your use. These Terms of Use are non-negotiable. If you do not agree to be bound by any of the terms contained in our Terms of Use or in our Privacy Policy, or you are not legally able to contract in your place of residence by reason of your age or other, then you should not access or use the website for any purpose. These terms may change from time to time (see Changes to Our Terms of Use). Your continued use of this website after we make changes is deemed to be acceptance of those changes. You are therefore, solely responsible to check these Terms of Use periodically for updates.

TERMS OF USE

Use of Our Website

You agree to use the website only for lawful purposes. You agree not to take any action that may compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website, its users, or the content. You agree not to use the website in any manner that might interfere with the rights of third parties. We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. In such event, you must immediately destroy or delete any downloaded or printed material from our website.

To access the website or some of the resources it offers, from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Privacy Policy.

Our website is intended for adults over the age of 18, it is therefore not intended for minors. No one under age 18 may provide any information, including personal information, to or on the website. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), Hair Club does not knowingly collect personal information from children, which includes anyone under 18. Children younger than 13 should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet. If you are under 18, do not use or provide any information on this website or on or through any of its features/register on the website, use any of the interactive or public comment features of this website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please write, message us, or call us using the contact information on the Contact Us section. See also our Privacy Policy.

Copyrights and Trademarks

This website, the materials contained within it, the information expressed and the trademarks, logos, copyrights and service marks (“Marks”) displayed on this website are protected by the intellectual property rights of Hair Club® and others in agreement with it or that of other third parties. You are not permitted to use these Marks without the prior written consent of Hair Club or such third-party owner of the Mark. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying or use of the Marks. Except as expressly provided herein, Hair Club does not grant any express or implied right to you under any patent, trademarks, copyrights or trade secret information.

Hair Club either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website including but not limited to the following trademarks Hair Club®, Hair Club for Men®, Hair Club for Women®, Maxxam®, Trima®, Hair Club for Kids®, EXT®, EXT Extreme Hair Therapy®, Strand-by-Strand®, Polyfuse®, Xtrands®, Xtrands+®, or has obtained the permission of the intellectual property owner.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Hair Club. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you wish to make any use of material on the website other than that set out in this section, please address your request to Hair Club at the address in the Notice section.  

Copyright Protection

Hair Club honors the intellectual property rights of others and asks the same of its users and visitors of this website. Hair Club may, in its sole discretion, terminate the accounts or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others. Hair Club will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Hair Club will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. 

If you believe your work has been copied in a way that constitutes copyright infringement, please provide Hair Club with the following information. Please be advised that to be effective pursuant to Section 512(c)(3) of the DMCA, the Notification must include ALL of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site with information reasonably sufficient to permit Hair Club to identify the material;
  3. your address, telephone number, and email address and all other information reasonably sufficient to permit Hair Club to contact you;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:
By Mail:
Attn: Legal Department 
Hair Club 
1515 South Federal Highway
Suite 401
Boca Raton, FL 33432

By Email – For Terms of Use or Data Use Questions: privacypolicy@hcfm.com

IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HAIR CLUB THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. PLEASE BE AWARE THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL OR ACTIVITY ON THE WEBSITE IS INFRINGING YOUR COPYRIGHT, YOU MAY BE HELD LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES) UNDER SECTION 512(F) OF THE DMCA.

ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. 

Links To Other Websites or Social Media Applications or Platforms
Hair Club is not responsible for the content of any other website, or social media applications or platforms linked to or from the Hair Club website. If you link to another site, social media application, or platform, you leave the Hair Club website. The inclusion of any link to a website, social media application or platform does not imply endorsement by Hair Club of the website or their entities, products or services. When accessing another site, social media application or platform via our website we advise you to review their terms of use and privacy policies to ensure compliance and determine how they use and or share your information.

Availability of Hair Club Website
You acknowledge that temporary interruptions in the availability of the Hair Club website may occasionally occur. Hair Club nor its suppliers will be held liable for any damages due to such interruptions. The Hair Club website and the content herein may include technical inaccuracies or typographical errors. If you use this website from locations outside the United States, you are responsible for compliance with applicable local laws. Hair Club makes no representation that the products and services referenced herein are appropriate, or available worldwide, and in fact, may not be available worldwide.

Disclaimer of Warranties
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. HAIR CLUB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT AND OR ANY RELIANCE THEREON. ANY MATERIAL ON THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME. HAIR CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDINB BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE WEBSITE, THE SERVCE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISED OR TO BE FURNISHED VIA THE WEBSITE. HAIR CLUB DOES NOT WARRANT THAT THE FUNCTIONS PEFORMED BY THE WEBSITE OR THE SERVICES PROVIDED BY IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. HAIR CLUB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ALL UESE OF THIS WEBSITE IS AT YOUR OWN RISK.

FROM TIME TO TIME THE WEBSITE MAY INCLUDE/INCLUDES CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS LIKE YOU, BLOGGERS AND THIRD-PARTY LICENSORS OR OTHERS. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY HAIR CLUB, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF HAIR CLUB. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HAIR CLUB, ITS AFFILIATES, PARENTS, SUBSIDIARIES ASSIGNS AND EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THE TERMS OF USE, THE PRIVACY POLICY, OR THE COMMUNICATIONS POLICY, OR YOUR USE OF OR INABILITY TO USE THE HAIR CLUB WEBSITE, INCLUDING ANY INTERRUPTIONS, ERRORS, DEFECTS OR DELAYS IN TRANSMISSION OF THE SITE, EVEN IF HAIR CLUB HAS PREVIOUSLY BEEN ADVISED OF, OR REASONBLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, UNAUTHORIZED HACKING, OR THE INTRODUCTION OF HARMFUL CONTENT BY THIRD PARTIES, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION SHALL NOT APPLY.

User Content

From time to time and at its sole discretion Hair Club may give you the ability to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials on message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features  on the website (collectively, "Interactive Services") including but not limited to the ability to post product or service reviews, testimonials or other comments (collectively, “User Content”). All User Content must comply with the standards set out in these Terms of Use. In addition, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You retain the copyright in any User Content and grant Hair Club a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content and the name and or likeness associated to such User Content (the “License”). You understand and agree that you do not have any rights to review and or approve any use, reproduction, modification, adaptation, translation, or derivative creation of the User Content by Hair Club before Hair Club publishes, distributes or displays such User Content as submitted and or as modified. You represent and warrant that as the user you own or otherwise control all of the rights to the User Content and have the right to grant the License to Hair Club its affiliates, parents, subsidiaries, and each of our respective licensees, successors, and assigns; that the User Content is accurate and factual and if applicable, represents actual events that have taken place in your life; that use of the User Content does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Hair Club its affiliates, parent, subsidiaries, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors for all claims resulting from the User Content. Hair Club has the right but not the obligation to monitor and edit or remove any User Content. You, not Hair Club, have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. Hair Club takes no responsibility and assumes no liability, including third party liability for any User Content posted on the website.

Indemnification
Upon the request of Hair Club, you hereby agree to defend, indemnify and hold Hair Club and its affiliates, parents, subsidiaries, assigns, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorney’s fees) related to or arising out of any breach by you of these Terms of Use, that arise in relation to your accessing or use of the Hair Club website, or your uploading, downloading or transmission of any communications or content on the Hair Club website.

Privacy
Click here to see Hair Club’s Privacy Policy.

Governing Law and Jurisdiction
This Agreement and all claims relating to the relationship between the parties are governed by federal laws and the laws of the State of Florida, in the United States, without regard to choice of law provisions and the parties hereby submit to the jurisdiction and venue of competent local or federal courts in Palm Beach County, Florida, and you waive any objections to the exercise of jurisdiction and or venue over you by such courts. If one or more provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. Hair Club’s remedies upon a default by you of these Terms of Use are cumulative and not exclusive. Failure of Hair Club to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of these Terms of Use for any preceding or subsequent breach or default. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. Hair Club retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence. These Terms of Use constitute the entire agreement of the parties with respect to your use of this website.

Changes in Terms of Use

Hair Club reserves the right, from time to time, and at its sole discretion, to change, modify, add to or remove portions or the whole of the Terms of Use. Changes to the Terms of Use are effective when posted to the website and apply to all access to and use of the website after the changes were made. Your continued use of the website following the posting of changes or updates constitute your acceptance to abide by and be bound by the Terms of Use, including such changes or updates. You are responsible for periodically checking these Terms of Use for changes. Changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which you and Hair Club have actual notice on or prior to the date the change is posted on the website. Hair Club will notify you if any material changes are made to these Terms of Use.

Contact Us

If at any time you wish to contact Hair Club with any questions regarding our Terms of Use or data use, or should you no longer wish to receive information from Hair Club, please contact us:

By Mail:
Attn: Terms of Use
Hair Club 
1515 South Federal Highway
Suite 401
Boca Raton, FL 33432

By Phone:
(800) 251-2658 or (561) 361-7600

By Email – For Terms of Use or Data Use Questions:
privacypolicy@hcfm.com

By Email – For Customer Service or if you wish to no longer receive information from Hair Club:
customerservice@hcfm.com
 

 

100% Commitment to Satisfaction


At Hair Club®, we want you to be happy. That’s why we offer our commitment to satisfaction. If you are not satisfied with your solution for any reason, you can apply your purchase price towards select solutions offered at your purchasing location.

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