HairClub XTRANDS+® & RestorInk® Terms and Conditions of Services
Last Modified: September 23, 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 the Agreement, you agree to be bound by these Terms, which are subject to change. Material changes will be communicated in writing or via email at least thirty (30) days prior to taking effect. If you disagree, your sole remedy is to discontinue use of the Services, and you may not be entitled to a refund. Continued use after a change constitutes acceptance of the modified Agreement.
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
The Agreement is governed and interpreted by the laws of the province or state where it is signed, without conflicts of law principles. If any part is voided or unenforceable in that jurisdiction, it will then be governed by the laws of the state of Florida in the United States. All claims under this Agreement must be resolved by final and binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), conducted by a single AAA member arbitrator. Arbitrations must be held in the county or province where the Agreement was signed, but parties can choose to appear in person, by phone, or through document submission. The arbitrator’s ruling will be in writing, detailing findings of fact and law, and may be appealed to a court for errors of law or legal reasoning. Otherwise, the ruling is final and binding. The parties agree that the prevailing party in arbitration will be reimbursed for all fees, costs, and expenses, including attorneys’ fees and arbitrator costs, by the losing party. If a party partially prevails and partially loses, the court, arbitrator, or adjudicator may award equitable reimbursement of fees and expenses.
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
You agree not to initiate or participate in any claims against the Company as a plaintiff or class member in any class or representative proceeding. Unless both you and the Company agree otherwise, an arbitrator or court of competent jurisdiction will not have the authority to consolidate or join claims from other similarly situated persons or parties, nor may they preside over any form of a representative or class proceeding. If this specific subsection is deemed 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 LAW, AND IN CONSIDERATION FOR THE SERVICES RECEIVED, NEITHER THE COMPANY NOR ITS AFFILIATES OR EMPLOYEES WILL BE LIABLE FOR DAMAGES TO YOU OR YOUR ESTATE. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH, INJURY, OR NEGLIGENCE BY THE COMPANY OR ITS EMPLOYEES, OR FROM ANY ACTIONS, SUITS, CLAIMS, OR DEMANDS STEMMING FROM THE SERVICES OR THIS AGREEMENT. IF, FOR ANY REASON, ANY PORTION OF THIS LIMITATION OF LIABILITY IS VOIDED OR UNENFORCEABLE, THE COMPANY’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY 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. THE COMPANY EXPLICITLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES NOT CONTAINED WITHIN THIS AGREEMENT.
Miscellaneous
If any term or condition of the Agreement is found by an arbitrator or court to be invalid, illegal, or unenforceable, then to the extent allowed by law, the arbitrator or court will apply the intention behind the invalid term. If applying the intention is not feasible, the invalid term will be removed from the Agreement, but the remainder of the Agreement will stay in effect. The Company will not 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 cannot be amended, and its terms cannot be waived, except through a written document signed by both parties.
