Terms of Service
HairLooks Inc. (“HairLooks,” “we,” “us”, “our”) provides a mobile application (the “App”) that enables customers (the “Customers”) to connect with stylists and barbers (the “Professionals”) who match Customers’ preference for hair related services (the “Service”). Terms of Service (the “Terms of Service”) is a legally binding agreement between HairLooks and its users, and governs the use of our Services, App, and Website.
PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THE TERMS OF SERVICE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY NAVIGATING THROUGH OUR WEBSITE, BY DOWNLOADING OUR APP, OR BY USING OUR SERVICES (A) YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; (D) IF YOU ARE A HAIR PROFESSIONAL, THAT YOU HAVE AN ACTIVE BARBERING OR COSMETOLOGY LICENSE; AND (E) YOU ACCEPT THE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS OF SERVICE SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES AND THE PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE SET FORTH HEREIN, PLEASE DO NOT DOWNLOAD OUR APP, ACCESS OUR SERVICES AND/OR ACCESS OUR WEBSITE.
1. TERRITORY
Our Services, App, and our Website are only for use in the United States of America (the “Registered Territory”). Do not access our Services, App, and our Website if you reside outside the Registered Territory. We will inform you when we begin offering our Products and Services in other territories via reasonable means, including updating these Terms of Service.
2. PRIVACY POLICY
Our Privacy Policy describes how we handle the information you provide to us when you use our Services, App, and our Website. You understand that through your use of our Services, App, and our Website you consent to the collection and use of such information in accordance with our Privacy Policy.
3. CHILDREN UNDER THIRTEEN
We do not knowingly collect, either online or offline, personal information from persons under the age of 13. Our Services, App and Website are available only if you are at least 18 years of age. If you are under 18, please do not use or Services, download our App or visit our Website.
4. ELIGIBILITY, ACCOUNT AND ACCESS RESTRICTIONS
Access to and use of our Services, App, or Website is available only to individuals who are at least 18 years old, can form legally binding agreement, are not otherwise barred from using our Services, and have an active barbering or cosmetology license by visiting our Website or downloading our App, under applicable law. By accessing or using the Services, you represent and warrant that you are eligible.
If you visit our Website or download our App from a location outside of the United States of America, you are responsible for compliance with any relevant and applicable laws of your jurisdiction, or the jurisdiction where our Products will be used or based.
To access and use our Services, you will be asked to establish an account (“Account”) or on our Website or the App, whichever may be applicable. To establish an Account, you will be asked to provide certain registration details and other information including a user name and password (collectively “Account Information”). You represent and warrant that the Account Information will at all times be correct, current and complete. You must treat such Account Information as confidential. You agree not to disclose such Account Information to any other person or entity. You agree not to provide any other person/third-party with access to your Account or your Account Information.
You agree that we have the right to disable your Account and delete your Account Information, at any time if, in our opinion, you have violated any provision of these Terms of Service including, without limitation, the terms of this Section 4.
You agree to notify us immediately of any unauthorized use of account, or any other breaches of security. You agree to cooperate with us if the security of our Services is compromised by you or another person through the use of your Account or Account Information. We will not be responsible for any liability, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing devise and/or account. Further, you agree to indemnify and hold us harmless from any activity or third-party claims that result from the use of your Account or your Account Information by any other person, whether or not authorized.
You acknowledge that we reserve the right to withdraw or amend your access to our Services and our App in our sole discretion without notice.
5. HAIR PROFESSIONAL CONTENT
Professional Content means all content submitted, posted, uploaded, published, or transmitted on or through the Website, the App or the Service by a Hair Professional, including but not limited to the Account Information, photographs, profile information, descriptions, postings, reviews posted, but excluding any HairLooks’ content (the “Professional Content”). All Professional Content provided by you is owned by you. You hereby grant HairLooks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in the Professional Content, in any media now known or not currently known in order to perform the Services. You can end this license at any time by deleting the Professional Content or by deleting your account. You may also give us suggestions to improve the Services. You agree that any such suggestions for improvement of the Services will be solely owned by HairLooks. You agree that we can download and install updates to the Services on your device.
6. ACCESS TO SERVICES
Subject to your compliance with the Terms of Service, HairLooks grants you a limited, non-exclusive, revocable, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your use in accordance with our Terms of Service on a single mobile device owned or otherwise controlled by you, strictly in accordance with these of Service, and (b) to access, download and use on such mobile device content and Services made available in or otherwise accessible through the App, strictly in accordance with these Terms of Service.
When accessing any of our Services, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply. We grant you a limited, revocable, non-exclusive, non-transferable license to access our Website.
YOU AGREE THAT HAIRLOOKS IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OUR APP, THE SERVICES, OR OUR WEBSITE. HAIRLOOKS PROVIDES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE STATED HEREIN.
7. ACCESS RESTRICTIONS
You agree that the Services, the Website, the App, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by HairLooks and/or its licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Services or in any manner that is inconsistent with these Terms of Service.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that HairLooks is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Services.
8. MODIFICATIONS
HairLooks reserves the right, at its sole discretion, to change or modify these Terms of Service at any time. In the event, we modify these Terms of Service, such modifications shall be binding on you only upon your acceptance of the modified Terms of Service. We will inform you about the modifications via email or comparable means within 15 days of such modification. We will also post the modified version on this page. Your continued use of the Services and the App shall constitute your consent to such changes. HairLooks may change, modify, suspend, or discontinue any aspect of the Products and the Services at any time without notice or liability.
9. ACCESS & PROHIBITED USE
You may use the Services and the App only for lawful purposes and in accordance with these Terms of Service. You warrant, represent and agree that you will NOT to use the Services, the App, or the Website:
If you are found to violate any of these representations and warranties, then we reserve the right to terminate or suspend your Account, at our own discretion, with or without a notice to you.
YOU AGREE TO INDEMNIFY AND HOLD HAIRLOOKS, ITS AFFILIATES, AND RELATED COMPANIES AND THEIR EMPLOYEES, AGENTS, OR CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS OF VIOLATIONS OF THIS SECTION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF OR RESULTING FROM SUCH INVESTIGATIONS BY ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10. THIRD-PARTY INTERACTIONS
Our Website and/or the App may contain links to third-party websites, third-party applications, and third-party advertisements (“Third-Party Websites & Advertisements”). However, we are not responsible for any Third-Party Websites & Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites & Advertisement, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
This paragraph applies to any version of our App that you acquire from the Apple App Store, Google Play, or any other app store (the “App Store”). Terms of Service are between you and HairLooks. App Store is not a party to these Terms of Service and shall have no obligations with respect to our App. HairLooks, not App Store, is solely responsible for our App and the content thereof as set forth hereunder. However, App Store and its subsidiaries are third party beneficiaries of this Terms of Service. Upon your acceptance of these Terms of Service, App Store shall have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. This Agreement incorporates by reference App Store’s respective end user agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the end user license agreement and these Terms of Service, the Terms of Service will control.
11. EMAILS, TEXT MESSAGES AND MOBILE PHONE CONSENT
You understand and agree that you may receive information and push notifications from HairLooks via text messaging or through the App. You hereby consent to receive communications via the App, text message, or for calls to your mobile number. You acknowledge that you may include additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not us.
12. CONFIDENTIALITY
Any information that is disclosed to you through your access to the Services and is related in any way to HairLooks and HairLooks’ business and its customers is HairLooks’ confidential and proprietary information (the “Confidential Information”). You will hold Confidential Information in the strictest of confidence. In the event you disclose Confidential Information without proper authorization from HairLooks, you will promptly notify HairLooks about such disclosure. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, the App and the Website (the “Submissions”), provided by you to us are also Confidential Information, and we own such Submissions. We are entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without taking any kind of permission, acknowledgment or compensation to you.
13. INDEMNIFICATION
You shall indemnify, defend and hold HairLooks and our officers, employees, managers, directors, customers and agents (the “HairLooks Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against HairLooks Indemnified Parties arising from any of the following: (i) a breach of these Terms of Service; (ii) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you in your Account or elsewhere ; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
14. DISCLAIMER OF WARRANTIES
You, at your own risk, access the Services, the App, or the Website. You understand and agree that the Services, the App, or the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, HAIRLOOKS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HairLooks makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HairLooks or through the Services, will create any warranty or representation not expressly made herein.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAIRLOOKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAIRLOOKS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HAIRLOOKS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HAIRLOOKS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE SERVICES AND THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY HAIRLOOKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE APP, THE WEBSITE, OR THE SERVICES (II) YOUR USE OF THE APP, THE WEBSITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE APP, THE WEBSITE, OR THE SERVICES, (III) VIOLATION OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT HAIRLOOKS IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS OF SERVICE, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (VI) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VII) YOUR WILLFUL MISCONDUCT, OR (VIII) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE OR THE APP WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE INFORMATION.
16. COPYRIGHT INFRINGEMENT AND DMCA NOTICE
If you believe that any content on our Website and/or App violate your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.
The HairLooks Copyright Agent to receive the DMCA Takedown Notices is Copyright Officer; Attn: DMCA Notice, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131; or email us at customerservice@thehairlooks.com. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
17. TERMINATION
These Terms of Service will remain in full force and effect so long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms of Service. These Terms of Service may be terminated: (i) by HairLooks, without cause, at any time; or (ii) by HairLooks, if HairLooks in good faith believes that you have used the Services and/or the Products in violation of the Terms of Service and/or the Privacy Policy including any other incorporated guidelines, terms or rules. Upon termination of these Terms of Service, your Account and your right to use the Products and/or the Services will automatically terminate. User may terminate these Terms of Service at any time by deactivating your Account and discontinuing your Services.
You may not transfer or assign your Account to a third- party. Any attempt to make such transference or assignment will result in termination. Upon termination of these Terms of Service, your Account and your right to use the Services will automatically terminate. You may send a written request to retrieve all the Professional Content before termination of your Account to customerservice@thehairlooks.com. Professional Content will be transmitted to you in a suitable manner. Your right to request such data will not be available once your Account is terminated. Sections 12- 24 shall survive any termination or expiration of this Agreement.
18. ASSIGNMENT
These Terms of Service are only for your benefit. You shall have no right to assign these Terms of Service or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void and would lead to termination of your Account.
19. ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Products and/or the Services in violation of any Laws or these Terms of Service, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.
20. RELATIONSHIP WITH HAIR PROFESSIONALS
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The Professionals have no power or authority to bind HairLooks to any obligation, agreement, debt or liability. You cannot hold yourself out as an agent or representative of HairLooks.
21. GOVERNING LAW
This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in California, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
22. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HAIRLOOKS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
A. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and HairLooks agree (a) to waive your and HairLooks’ respective rights to have any and all Disputes arising from or related to this Agreement, use of our Products and Services, resolved in a court, and (b) to waive your and HairLooks’ respective rights to a jury trial. Instead, you and HairLooks agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions
You and HairLooks agree that any Dispute arising out of or related to these Terms of Service or the Products and the Services is personal to you and HairLooks and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and HairLooks agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and HairLooks agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Federal Arbitration Act
You and HairLooks agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution
You and HairLooks agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to HairLooks shall be sent by certified mail or courier to HairLooks Corp., Attn: Legal, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your HairLooks account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and HairLooks cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or HairLooks may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding.
E. Process
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND HAIRLOOKS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HAIRLOOKS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HAIRLOOKS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and HairLooks agree that (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of Arbitrator
As limited by the FAA, these Terms of Service and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
G. Rules of AAA
The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
H. Severability
If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable. Further, the waivers set forth in Section 22 are severable from the other provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of Service of this Section 22 by writing to: HAIRLOOKS CORP., Re: OPT-OUT, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with SECTION 22.
23. FORCE MAJEURE
Neither HairLooks nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, food preparation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. MISCELLANEOUS
These Terms of Service and the Privacy Policy constitute the sole and entire agreement between You and HairLooks (collectively “Agreement”) with respect to the Services, the App, and the Website. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, the App, and the Website. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the Services, the App, and the Website under this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to HairLooks shall be given by certified mail, postage prepaid and return receipt requested to HairLooks Inc. 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. Any notices to you shall be provided to you through our Website or App or given to you via the email address provided by you to HairLooks during the Account registration process.
25. BETA SERVICES
From time to time, users may have the option to access Alpha or Beta services, products, features or documentation (collectively, “Beta Services”) offered by HairLooks, which are aspects of the Service provided as a limited test-release that may contain bugs, errors or defects. HairLooks does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in connection with any Beta Services, and HairLooks may terminate a user’s access to Beta Services at any time.
PLEASE NOTE THAT BY USING THE SERVICES, DOWNLOADING THE APP AND OR ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, THE APP, AND/ OR THE SERVICES AND EXIT THIS PAGE IMMEDIATELY.
Last updated January 2020.
PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN A BINDING AND MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCEPTING THE TERMS OF SERVICE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY NAVIGATING THROUGH OUR WEBSITE, BY DOWNLOADING OUR APP, OR BY USING OUR SERVICES (A) YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; (D) IF YOU ARE A HAIR PROFESSIONAL, THAT YOU HAVE AN ACTIVE BARBERING OR COSMETOLOGY LICENSE; AND (E) YOU ACCEPT THE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS OF SERVICE SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES AND THE PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE SET FORTH HEREIN, PLEASE DO NOT DOWNLOAD OUR APP, ACCESS OUR SERVICES AND/OR ACCESS OUR WEBSITE.
1. TERRITORY
Our Services, App, and our Website are only for use in the United States of America (the “Registered Territory”). Do not access our Services, App, and our Website if you reside outside the Registered Territory. We will inform you when we begin offering our Products and Services in other territories via reasonable means, including updating these Terms of Service.
2. PRIVACY POLICY
Our Privacy Policy describes how we handle the information you provide to us when you use our Services, App, and our Website. You understand that through your use of our Services, App, and our Website you consent to the collection and use of such information in accordance with our Privacy Policy.
3. CHILDREN UNDER THIRTEEN
We do not knowingly collect, either online or offline, personal information from persons under the age of 13. Our Services, App and Website are available only if you are at least 18 years of age. If you are under 18, please do not use or Services, download our App or visit our Website.
4. ELIGIBILITY, ACCOUNT AND ACCESS RESTRICTIONS
Access to and use of our Services, App, or Website is available only to individuals who are at least 18 years old, can form legally binding agreement, are not otherwise barred from using our Services, and have an active barbering or cosmetology license by visiting our Website or downloading our App, under applicable law. By accessing or using the Services, you represent and warrant that you are eligible.
If you visit our Website or download our App from a location outside of the United States of America, you are responsible for compliance with any relevant and applicable laws of your jurisdiction, or the jurisdiction where our Products will be used or based.
To access and use our Services, you will be asked to establish an account (“Account”) or on our Website or the App, whichever may be applicable. To establish an Account, you will be asked to provide certain registration details and other information including a user name and password (collectively “Account Information”). You represent and warrant that the Account Information will at all times be correct, current and complete. You must treat such Account Information as confidential. You agree not to disclose such Account Information to any other person or entity. You agree not to provide any other person/third-party with access to your Account or your Account Information.
You agree that we have the right to disable your Account and delete your Account Information, at any time if, in our opinion, you have violated any provision of these Terms of Service including, without limitation, the terms of this Section 4.
You agree to notify us immediately of any unauthorized use of account, or any other breaches of security. You agree to cooperate with us if the security of our Services is compromised by you or another person through the use of your Account or Account Information. We will not be responsible for any liability, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing devise and/or account. Further, you agree to indemnify and hold us harmless from any activity or third-party claims that result from the use of your Account or your Account Information by any other person, whether or not authorized.
You acknowledge that we reserve the right to withdraw or amend your access to our Services and our App in our sole discretion without notice.
5. HAIR PROFESSIONAL CONTENT
Professional Content means all content submitted, posted, uploaded, published, or transmitted on or through the Website, the App or the Service by a Hair Professional, including but not limited to the Account Information, photographs, profile information, descriptions, postings, reviews posted, but excluding any HairLooks’ content (the “Professional Content”). All Professional Content provided by you is owned by you. You hereby grant HairLooks a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in the Professional Content, in any media now known or not currently known in order to perform the Services. You can end this license at any time by deleting the Professional Content or by deleting your account. You may also give us suggestions to improve the Services. You agree that any such suggestions for improvement of the Services will be solely owned by HairLooks. You agree that we can download and install updates to the Services on your device.
6. ACCESS TO SERVICES
Subject to your compliance with the Terms of Service, HairLooks grants you a limited, non-exclusive, revocable, non-exclusive, non-sublicensable, and nontransferable license to: (a) download, install, and use the App for your use in accordance with our Terms of Service on a single mobile device owned or otherwise controlled by you, strictly in accordance with these of Service, and (b) to access, download and use on such mobile device content and Services made available in or otherwise accessible through the App, strictly in accordance with these Terms of Service.
When accessing any of our Services, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply. We grant you a limited, revocable, non-exclusive, non-transferable license to access our Website.
YOU AGREE THAT HAIRLOOKS IS NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR USE OF OUR APP, THE SERVICES, OR OUR WEBSITE. HAIRLOOKS PROVIDES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE STATED HEREIN.
7. ACCESS RESTRICTIONS
You agree that the Services, the Website, the App, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by HairLooks and/or its licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of the Services or in any manner that is inconsistent with these Terms of Service.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that HairLooks is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Services.
8. MODIFICATIONS
HairLooks reserves the right, at its sole discretion, to change or modify these Terms of Service at any time. In the event, we modify these Terms of Service, such modifications shall be binding on you only upon your acceptance of the modified Terms of Service. We will inform you about the modifications via email or comparable means within 15 days of such modification. We will also post the modified version on this page. Your continued use of the Services and the App shall constitute your consent to such changes. HairLooks may change, modify, suspend, or discontinue any aspect of the Products and the Services at any time without notice or liability.
9. ACCESS & PROHIBITED USE
You may use the Services and the App only for lawful purposes and in accordance with these Terms of Service. You warrant, represent and agree that you will NOT to use the Services, the App, or the Website:
- in a way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
- send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Service.
- to impersonate or attempt to impersonate HairLooks, a HairLooks employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm HairLooks, our customers, or our affiliates, or expose them to liability.
- in any manner that could disable, overburden, damage, or impair the App, the Website, or interfere with any other party’s use of our Services.
- to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Services.
- to introduce any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to Services, the App, or the Website, as applicable.
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- promote any illegal activity, or advocate, promote or assist any unlawful act.
- impersonate any person or misrepresent your identity or affiliation with in our registration process.
If you are found to violate any of these representations and warranties, then we reserve the right to terminate or suspend your Account, at our own discretion, with or without a notice to you.
YOU AGREE TO INDEMNIFY AND HOLD HAIRLOOKS, ITS AFFILIATES, AND RELATED COMPANIES AND THEIR EMPLOYEES, AGENTS, OR CONTRACTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS OF VIOLATIONS OF THIS SECTION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF OR RESULTING FROM SUCH INVESTIGATIONS BY ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10. THIRD-PARTY INTERACTIONS
Our Website and/or the App may contain links to third-party websites, third-party applications, and third-party advertisements (“Third-Party Websites & Advertisements”). However, we are not responsible for any Third-Party Websites & Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites & Advertisement, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
This paragraph applies to any version of our App that you acquire from the Apple App Store, Google Play, or any other app store (the “App Store”). Terms of Service are between you and HairLooks. App Store is not a party to these Terms of Service and shall have no obligations with respect to our App. HairLooks, not App Store, is solely responsible for our App and the content thereof as set forth hereunder. However, App Store and its subsidiaries are third party beneficiaries of this Terms of Service. Upon your acceptance of these Terms of Service, App Store shall have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. This Agreement incorporates by reference App Store’s respective end user agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the end user license agreement and these Terms of Service, the Terms of Service will control.
11. EMAILS, TEXT MESSAGES AND MOBILE PHONE CONSENT
You understand and agree that you may receive information and push notifications from HairLooks via text messaging or through the App. You hereby consent to receive communications via the App, text message, or for calls to your mobile number. You acknowledge that you may include additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not us.
- Email Subscription. You can always unsubscribe from our commercial or promotional emails, but we will still send you transactional and relational emails about your Account, use of our Services.
- Text Notification. You may opt-out of receiving promotional or marketing messages and calls from HairLooks at any time by texting the word STOP to 415.862.4887. You may opt-out of receiving all messages or calls from HairLooks (including informational or transactional messages) by texting the word STOPALL to 415.862.4887 - from mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Products. If you ever want to opt back in, just reply STARTALL (if You have opted out of all texts and calls) or START to 415.862.4887.
- Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Services.
12. CONFIDENTIALITY
Any information that is disclosed to you through your access to the Services and is related in any way to HairLooks and HairLooks’ business and its customers is HairLooks’ confidential and proprietary information (the “Confidential Information”). You will hold Confidential Information in the strictest of confidence. In the event you disclose Confidential Information without proper authorization from HairLooks, you will promptly notify HairLooks about such disclosure. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, the App and the Website (the “Submissions”), provided by you to us are also Confidential Information, and we own such Submissions. We are entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without taking any kind of permission, acknowledgment or compensation to you.
13. INDEMNIFICATION
You shall indemnify, defend and hold HairLooks and our officers, employees, managers, directors, customers and agents (the “HairLooks Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against HairLooks Indemnified Parties arising from any of the following: (i) a breach of these Terms of Service; (ii) the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors; (iii) incorrect information provided by you in your Account or elsewhere ; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
14. DISCLAIMER OF WARRANTIES
You, at your own risk, access the Services, the App, or the Website. You understand and agree that the Services, the App, or the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, HAIRLOOKS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HairLooks makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from HairLooks or through the Services, will create any warranty or representation not expressly made herein.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAIRLOOKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAIRLOOKS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HAIRLOOKS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HAIRLOOKS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVE, KNOWINGLY AND FREELY ASSUME ALL RISK WHEN ACCESSING THE SERVICES AND THE WEBSITE. YOU, ON BEHALF OF YOURSELF, AND (IF APPLICABLE) YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY HAIRLOOKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE APP, THE WEBSITE, OR THE SERVICES (II) YOUR USE OF THE APP, THE WEBSITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE USE OF THE APP, THE WEBSITE, OR THE SERVICES, (III) VIOLATION OF THESE TERMS OF SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN AND FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES, (IV) CLAIMS, OR ANY DECISION BY A COURT, ARBITRATOR, OR GOVERNMENT AGENCY, THAT HAIRLOOKS IS OBLIGATED TO PAY ANY WITHHOLDING TAXES, SOCIAL SECURITY, UNEMPLOYMENT OR DISABILITY INSURANCE OR SIMILAR ITEMS IN CONNECTION WITH ANY PAYMENT RECEIVED BY YOU UNDER THE TERMS OF SERVICE, (V) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS, (VI) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION, (VII) YOUR WILLFUL MISCONDUCT, OR (VIII) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE OR THE APP WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE INFORMATION.
16. COPYRIGHT INFRINGEMENT AND DMCA NOTICE
If you believe that any content on our Website and/or App violate your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
The HairLooks Copyright Agent to receive the DMCA Takedown Notices is Copyright Officer; Attn: DMCA Notice, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131; or email us at customerservice@thehairlooks.com. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
17. TERMINATION
These Terms of Service will remain in full force and effect so long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms of Service. These Terms of Service may be terminated: (i) by HairLooks, without cause, at any time; or (ii) by HairLooks, if HairLooks in good faith believes that you have used the Services and/or the Products in violation of the Terms of Service and/or the Privacy Policy including any other incorporated guidelines, terms or rules. Upon termination of these Terms of Service, your Account and your right to use the Products and/or the Services will automatically terminate. User may terminate these Terms of Service at any time by deactivating your Account and discontinuing your Services.
You may not transfer or assign your Account to a third- party. Any attempt to make such transference or assignment will result in termination. Upon termination of these Terms of Service, your Account and your right to use the Services will automatically terminate. You may send a written request to retrieve all the Professional Content before termination of your Account to customerservice@thehairlooks.com. Professional Content will be transmitted to you in a suitable manner. Your right to request such data will not be available once your Account is terminated. Sections 12- 24 shall survive any termination or expiration of this Agreement.
18. ASSIGNMENT
These Terms of Service are only for your benefit. You shall have no right to assign these Terms of Service or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void and would lead to termination of your Account.
19. ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach or use, distribute, transfer, provide, sub-license, share with, or otherwise offer the Products and/or the Services in violation of any Laws or these Terms of Service, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) the Services to any destination, person, entity or end use prohibited or restricted under US law without prior US government authorization to the extent required by regulation, including without limitation, any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the EAR or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by regulation.
20. RELATIONSHIP WITH HAIR PROFESSIONALS
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, agent/servant. The Professionals have no power or authority to bind HairLooks to any obligation, agreement, debt or liability. You cannot hold yourself out as an agent or representative of HairLooks.
21. GOVERNING LAW
This Agreement shall be governed by the law of the State of California, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in California, for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.
22. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HAIRLOOKS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
A. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and HairLooks agree (a) to waive your and HairLooks’ respective rights to have any and all Disputes arising from or related to this Agreement, use of our Products and Services, resolved in a court, and (b) to waive your and HairLooks’ respective rights to a jury trial. Instead, you and HairLooks agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions
You and HairLooks agree that any Dispute arising out of or related to these Terms of Service or the Products and the Services is personal to you and HairLooks and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and HairLooks agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and HairLooks agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Federal Arbitration Act
You and HairLooks agree that these Terms of Service affect interstate commerce and that the enforceability of this Section 22 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution
You and HairLooks agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to HairLooks shall be sent by certified mail or courier to HairLooks Corp., Attn: Legal, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your HairLooks account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and HairLooks cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or HairLooks may, as appropriate and in accordance with this Section 22, commence an arbitration proceeding.
E. Process
EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND HAIRLOOKS AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HAIRLOOKS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HAIRLOOKS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and HairLooks agree that (a) any arbitration will occur in San Francisco, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Authority of Arbitrator
As limited by the FAA, these Terms of Service and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules. discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.
The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
G. Rules of AAA
The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms of Service, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
H. Severability
If any term, clause or provision of this Section 22 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 22 will remain valid and enforceable. Further, the waivers set forth in Section 22 are severable from the other provisions of these Terms of Service and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of Service of this Section 22 by writing to: HAIRLOOKS CORP., Re: OPT-OUT, 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with SECTION 22.
23. FORCE MAJEURE
Neither HairLooks nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, food preparation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. MISCELLANEOUS
These Terms of Service and the Privacy Policy constitute the sole and entire agreement between You and HairLooks (collectively “Agreement”) with respect to the Services, the App, and the Website. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, the App, and the Website. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the Services, the App, and the Website under this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to HairLooks shall be given by certified mail, postage prepaid and return receipt requested to HairLooks Inc. 5214F Diamond Heights Blvd, #153, San Francisco, CA 94131. Any notices to you shall be provided to you through our Website or App or given to you via the email address provided by you to HairLooks during the Account registration process.
25. BETA SERVICES
From time to time, users may have the option to access Alpha or Beta services, products, features or documentation (collectively, “Beta Services”) offered by HairLooks, which are aspects of the Service provided as a limited test-release that may contain bugs, errors or defects. HairLooks does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in connection with any Beta Services, and HairLooks may terminate a user’s access to Beta Services at any time.
PLEASE NOTE THAT BY USING THE SERVICES, DOWNLOADING THE APP AND OR ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY AND TO COMPLY WITH THE TERMS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, THE APP, AND/ OR THE SERVICES AND EXIT THIS PAGE IMMEDIATELY.
Last updated January 2020.
