PLEASE READ THE FOLLOWING NOTICE WITH RESPECT TO THE TERMS OF USE AND DISCLAIMERS APPLICABLE TO YOUR USE OF THE HAIR NOW® WEBSITE, AND ALL OTHER INTERACTIVE FEATURES, SERVICES, AND OR COMMUNICATIONS WITH OR PROVIDED BY HAIR NOW.

These Terms of Use are entered into by and between You and Hair Now ("Hair Now", "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 Myhairnow.com including any content, and functionality offered on or through Myhairnow.com and any Hair Now emails, email newsletters published or distributed by Hair Now, and all interactive features, services, and communications provided by Hair Now (the "Platforms") regardless of whether you are Hair Now member, a visitor, a user, or a prospective client opting in to be contacted by Hair Now. Your access and use of the Platforms, indicate to Hair Now that you consent to be bound by Hair Now’s Terms of Use, Privacy Policy, and 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 Platforms for any purpose. These terms may change from time to time (see Changes to Our Terms of Use). Your continued use of the Platforms after we make changes is deemed to be an acceptance of those changes. You are therefore, solely responsible to check these Terms of Use periodically for updates.

TERMS OF USE

Use of Our Platforms

You agree to use the Platforms only for lawful purposes. You agree not to take any action that may compromise the security of the Platforms, render the Platforms inaccessible to others or otherwise cause damage to the Platforms, its users, or the content therein. You agree not to use the Platforms in any manner that might interfere with the rights of third parties. We reserve the right to terminate or limit your access to the Platforms 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 Platforms.

To access the Platforms or some of the resources they offer, from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use and or your interaction with the Platforms that all the information you provide is correct, current, and complete. You agree that all information you provide to register with Hair Now through any Platforms, or over the phone, in center, via teleconference or otherwise, including but not limited to via the use of any interactive features is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

Our Platforms are intended for adults 18 years of age or older, they are therefore not intended for minors. No one under the age of 18 may provide any information, including personal information, to or on our Platforms. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), Hair Now 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 any Hair Now Platforms or on or through any Hair Now provided features, register on the Hair Now website and use any of the interactive or public comment features of the Hair Now 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.

Intellectual Property and Service Content

Unless otherwise noted, all content on the Platforms, including articles, artwork, screen shots, graphics, logos, videos, images, downloads and other files, is the property of Hair Now and is protected by United States and international copyrights, trademarks and other intellectual property laws. The Hair Now Platforms and all their features, materials, along with the information they display, the marketing collateral used, and the trademarks, logos, copyrights and service marks (“Marks”) used are protected by the intellectual property rights of Hair Now and or third parties under agreement with Hair Now. The unauthorized use and or appropriation of these Marks or materials without the prior written consent of Hair Now or any third-party owner of the Mark is illegal, and Hair Now actively polices and enforces its intellectual property rights. You agree to comply with all copyright laws worldwide in your use of the Platforms, as such You understand and agree that You must refrain from any unauthorized copying or use of the Marks. Except as expressly provided herein, Hair Now does not grant any express or implied right to you under this Agreement.

Hair Now either owns the intellectual property rights, claims common law rights, or has obtained authorization from the intellectual property owners of the HTML, text, images, audio, video, software or other content that is made available on the Platforms including but not limited to the following trademarks: Hair Now.

If you print, copy, modify, download, share, use or provide any other person with access to the Platforms in breach of the Terms of Use, your right to use the Platforms automatically terminates, and you must, at our option, return or destroy any copies of any copies of and or materials you have produced based on your unauthorized use. No right, title, or interest in or to the Platforms or any content on the Platforms is transferred to you by virtue of your use or access, and all rights not expressly granted are reserved by Hair Now. Any use of the Platforms 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 Platforms other than as reasonably intended and or set out in this document, please address your request to Hair Now at the address in the Notice section attention Legal and Marketing departments. 

Opinions, advice and all other information expressed by any third parties on the Platforms represent their own views and not those of Hair Now. You should not rely on such opinions, advice or other information. Neither Hair Now nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.

Copyright Protection

Hair Now honors the intellectual property rights of others and asks the same of its users and visitors of the Platforms. Hair Now 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 Now 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 Now 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 Now 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 Now to identify the material;
  3. your address, telephone number, and email address and all other information reasonably sufficient to permit Hair Now 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 Now

7676 Executive Drive

Eden Prairie, MN 55344

By Email – For Terms of Use or Data Use Questions:

IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING Hair Now 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 Now is not responsible for and specifically disclaims any legal liability for the content of, or collection, use, transmission, and disclosure of your personal information by any website, social media application, tool, software, or platform linked to or from any Hair Now Platform, or offered to you to facilitate your Hair Now experience or provide an accommodation, including but not limited to, as an example, any teleconferences made available to you via Skype®. If you link to or elect to use another site, social media application, tool, software or platform, in conjunction with any Hair Now services, and or you leave the Hair Now website you understand and agree that you are doing so at your own risk and subject to that website’s, social media application’s, tool’s, software’s, or platforms’ terms and conditions of use and privacy policy. The inclusion of any link to a website, social media application, tool, software or platform does not imply endorsement by Hair Now of the website or their entities, products or services. When accessing another site, social media application, tool, software or platform via our website and or as part of our services you are solely responsible for reviewing applicable terms of use and privacy policies to ensure compliance and determine how they collect, use, store, protect, and or share your information.

Availability of Hair Now Platforms

You acknowledge that temporary interruptions in the availability of the Hair Now Platforms may occasionally occur. Hair Now specifically disclaims any liability for damages due to such interruptions. The Hair Now Platforms and the content therein may include inadvertent inaccuracies or typographical errors, as such Hair Now. If you use the Hair Now website from locations outside the United States, you are responsible for compliance with applicable local laws. Hair Now makes no representation that the products and services referenced in its Platforms are appropriate, or available worldwide, and in fact, may not be available worldwide.

Disclaimer of Warranties

THE INFORMATION PRESENTED ON OR THROUGH THE PLATFORMS IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. Hair Now MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PLATFORMS OR THEIR CONTENT AND OR ANY RELIANCE THEREON. ANY MATERIAL ON THE PLATFORMS MAY BE OUT OF DATE AT ANY GIVEN TIME. Hair Now 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 PLATFORMS, THE SERVCE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE PLATFORMS. Hair Now DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PLATFORMS OR THE SERVICES PROVIDED BY IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE PLATFORMS OR Hair Now PROVIDED SERVICES WILL BE CORRECTED. Hair Now DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE PLATFORMS, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ALL USE OF THIS WEBSITE OR THE HAIRFIT APPLICATION IS AT YOUR OWN RISK.

FROM TIME TO TIME THE PLATFORMS MAY INCLUDE 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 USER PROVIDED MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY Hair Now, 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 Now. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY AND SPECIFICALLY DISCLAIM ANY LEGAL RESPONSIBILITY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

 

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Hair Now, 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 Now PLATFORMS, INCLUDING ANY INTERRUPTIONS, ERRORS, DEFECTS OR DELAYS IN TRANSMISSION OF THE SITE, EVEN IF Hair Now 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.

Reliance

YOU UNDERSTAND THAT THE DISCLAIMER OF WARRANTIES AND LIABILITY AND THIS LIMITED LIABILITY SECTION ARE A CONDITION OF US MAKING THE Hair Now SERVICES AND PLATFORMS AVAILABLE TO YOU. WITHOUT THESE SECTIONS, WE WOULD NOT AND COULD NOT MAKE THE SERVICES AVAILABLE. You accept that if we discover that you have violated any portion of these Terms of Use, we may take any step we deem appropriate including but not limited to terminating your Account and or your Hair Now membership and or access to Hair Now services, as applicable. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any amounts associated with your account at the time of termination.

User Content

From time to time and at its sole discretion Hair Now 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 Hair Now 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. Subject to any limitations under applicable law, you acknowledge and accept that you have no property or other rights in any User Content on the Platforms, including but not limited to content that you may have created or developed, which may include, application screen names, the content of chats and other messages submitted to a Platform or to us directly. All communications, solicited feedback, and other materials submitted to Hair Now (by website, application, email or otherwise) are non-confidential and non-proprietary. By submitting material to the Platforms and subject to any limitations under applicable law, you give up any claims that the use by Hair Now of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, by using the Platforms you agree to grant Hair Now and any of its affiliates, successors and assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, transmit, and 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 Now before Hair Now 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 Now 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 Now its affiliates, parent, subsidiaries, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors for all claims resulting from the User Content. Hair Now has the right but not the obligation to monitor and edit or remove any User Content. You, not Hair Now, have full responsibility for such User Content, including its legality, reliability, accuracy and appropriateness. Hair Now takes no responsibility and assumes no liability, including third party liability for any User Content posted on the website. No further consideration or compensation will be given to You for any materials or information (including but not restricted to creative, financial, business, commercial, etc.) submitted to a Hair Now Platform in any manner.

User Rights and Restrictions

These Terms of Use grant You, in your individual capacity, permission to use the content of the Platforms made available for personal, noncommercial use only. In no instance may you:

  1. Change or remove any copyright and other proprietary notices from content on the Platforms;
  2. Copy, modify, or create derivative works based on, the content, materials or Marks in the Platforms;
  3. Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Platforms whether for yourself or for a third party;
  4. Use the content, materials or Marks in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits Hair Now, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
  5. Download quantities of content, materials, or Marks to a database for any reason;
  6. Decompose, disassemble, or reverse engineer any part of any Platforms, or otherwise use any Hair Now provided service for any purpose other than those provided for and or contemplated by us and in conjunction with the operations of the Platforms or Hair Now services;
  7. Use any Platforms for the benefit of any third party or transfer access to the Services to any third party;
  8. Use the Platforms, materials, content or services for commercial purposes, including, but not limited to: (a) selling access to all or part of the Materials; or (b) placing advertising, sponsorships, or promotions on or within the Platforms or content;
  9. Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Platforms;
  10. Infiltrate any system used to operate the Platforms;
  11. Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Platforms or system used to operate the Platforms; or
  12. Attempt to circumvent any restriction in the Platforms based upon age, geography, or other restriction imposed by us.

 

Furthermore, you must comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.

You acknowledge and agree that you are solely responsible for maintaining the confidentiality of any Hair Now accounts, login ID and password you use in connection with the Platforms, including by not reusing passwords you have used for any other account. You agree that Hair Now will not be responsible for any losses arising out of any unauthorized use of your Hair Now accounts.

Notwithstanding anything to the contrary included in these Terms of Use, Hair Now may at any time, with or without notice, suspend or terminate your access to some or all of the Platforms and refuse any and all current or future use of the Platforms and Hair Now services at any time.

User Conduct

You are prohibited from posting or transmitting any material to the Platforms that could: (i) interfere with anyone else's use of the Platforms; (ii) be considered abusive, illegal, indecent, obscene, offensive, discriminating or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

Although we may from time to time monitor or review postings, transmissions, and the like on the Platforms, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any User Content or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.

Surveys, Sweepstakes, Quizzes & Contests

From time to time, Hair Now may publish and or make available Surveys, Sweepstakes Quizzes & Contests or similar events that may offer prizes or require you to send in material or information about yourself. Surveys, Sweepstakes Quizzes & Contests or other such events have their own rules, and you are responsible for reading such rules before participating. Your participation in any such event is voluntary. By voluntarily participating in Surveys, Sweepstakes Quizzes & Contests, you agree to relinquish and automatically transfer to Hair Now any moral or intellectual property rights you may have to any material you submit during any such event in consideration for the opportunity to participate. See also our Privacy Policy section addressing the use of Information collected in connection with these.

Indemnification

Upon the request of Hair Now, you hereby agree to defend, indemnify and hold Hair Now 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 Now Platforms, or your uploading, downloading or transmission of any communications or content on to the Hair Now website.

Privacy

Click here to see Hair Now’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 Now’s remedies upon a default by you of these Terms of Use are cumulative and not exclusive. Failure of Hair Now 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 Now 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 Now 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 constitutes 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 Now have actual notice on or prior to the date the change is posted on the website. Hair Now 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 Now with any questions regarding our Terms of Use or data use, or should you no longer wish to receive information from Hair Now, please contact us:

By Mail:
Attn: Terms of Use
Hair Now
7676 Executive Drive
Eden Prairie, MN 55344

By Phone:
888-838-7152

By Email – For Terms of Use or Data Use Questions:
shopsupport@myhairnow.com

Email – For Customer Service or if you wish to no longer receive information from Hair Now:
shopsupport@myhairnow.com