HELLO, WE ARE REALLY HAPPY TO WELCOME YOU TO MEN HAIRSTYLIST! MEN HAIRSTYLIST WILL FROM NOW ON BE REFERRED TO AS “WE”, “US” AND “OUR” IN THE FOLLOWING DOCUMENT DEDICATED TO THE TERMS OF USE. WE ARE GLAD TO SEE YOU, AND WE HOPE YOU ENJOY YOUR TIME ON OUR WEBSITE. THIS PAGE AIMS TO CLARIFY AND DESCRIBE THE TERMS ON WHICH YOU CAN ACCESS MENHAIRSTYLIST.COM.
1. Introduction
Accessing and using this website means you fully agree to comply with the Terms of Service we set forth, as well as with any additional conditions and terms included in our Privacy Policy. You also agree to respect all applicable domestic and international statutes, laws, regulations, and ordinances. “You” in the present agreement refers to any user of our website in all capacities.
2. Terms
You agree to the employment of your personally identifiable information according to the Men Hairstylist Privacy Policy. You are not allowed to collect or gather any personally identifiable data from MenHairstylist.com. You must be at least 21 or of legal age in your country of residence in order to access and use our website.
You are prohibited from breaking or violating any law, ordinance, statute or regulation. You must not create any liability for us or cause us any damage or loss of the services of our ISPs.
You mustn’t hack MenHairstylist.com or attempt any other damaging activity that may interfere with, intercept or expropriate any data, personal information or system. You mustn’t perform any action designed to destroying, interrupting or limiting the functionality of any hardware, software or telecommunications instrument related to the well-functioning of this website.
You are permitted to link posts or the main page of MenStylist.com to any website that you control or own as long as it is not in commercial competition with MenHairstylist.com and it doesn’t maliciously criticize or injure us and is in accordance with all applicable laws and respects intellectual property and all legal rights. This type of link is not an endorsement of the other site by us. You shall not indirectly or directly link to any content or material that you do not have rights to include or link, nor may you change or modify another website with the purpose of falsely implying that it is in any way associated with MenHairstylist.com. You fully understand and agree with the fact that you can download or obtain content or data through the use on MenHairstylist.com at your discretion and risk, and you are the sole responsible for any possible damages or loss of that that might result from downloading or otherwise obtaining such material.
You are not allowed to use, collect, copy, alter, reproduce, distribute or create derivative work based upon, sell, publicly display, exploit or publish any information or material presented on our website for any commercial purpose or to the extent of these actions constituting copyright infringement, or any kind of intellectual property or property rights violation to the website or any third party, except for the case when you have prior written consent from the Men Hairstylist team or the respective third party. In some cases, MenHairstylist.com may allow you to access and download or print content from our website. In these cases, you may only download and/or print such content exclusively for personal, non-commercial use. When doing so, you also acknowledge that you don’t acquire any ownership rights.
You must not harass any visitor or user, and you must not post pornographic or obscene content on our website through comments or any other means.
You agree to take action and notify MenHairstylist.com as soon as you notice any unauthorized or incorrect use of the site or any suspected or known breaches of security. You agree to cooperate with MenHairstylist.com and help investigate any suspected activity that breaks these Terms of Use.
3. Conditions
We reserve the full right to update the present Agreement at any time, with the mention that we will also update and include the revision date above. Any updated, latest version will supersede all of the preceding versions. Accessing and using MenHairstylist.com grants that you accept and agree to all eventual changes.
We also reserve the right to modify, remove or discontinue at any time, temporarily or permanently, any portion and content of MenHairstylist.com for any reason offering notice or not. We shall not be held liable by either you or any third party for any changes, suspension or even termination of the website. We hold no liability or responsibility to you or a third party for the storage, deletion of, or the failure to keep or delete, any content provided by you.
Men Hairstylist does not necessarily encourage, endorse, agree, verify or support any of the content submitted through the comment section. This includes, while not being limited to opinions, statements, links or comments posted in any type of forum in relation to MenHairstylist.com.
Men Hairstylist and the team that publishes and manages the content of the website will not be expected or required to treat the submissions to MenHairstylist.com as confidential and will also not be required to provide any consideration or compensation or be liable for any reproduction, modification, translation, collection, compilation, adaptation, copying, derivative works or content, or any distribution, display, sale, disclosure, licensing, publication or other type of commercial exploitation, of any content or ideas submitted, or any intangible or tangible subject matter that is similar to, or incorporating, using or derived from any submission, in part or in whole.
We maintain our right to terminate, suspend or refuse your use of this website for any reason and at any time. We also reserve our right to establish and periodically adapt and modify general practices and specific limits concerning the use of the website.
We reserve the right to periodically send you communications, such as announcements or newsletters, or anything we consider beneficial or helpful to your use of MenHairstylist.com.
We may provide links to other websites or sources from time to time, which does not mean that we have any connection or relationship with the other site, its affiliates or operators. As we have no control over these websites or resources, we will not be held responsible for their availability, and are also not liable or responsible for any advertising, content, materials or product available from such resources or websites.
Men Hairstylist is provided to you “as available” and “as is”. You may not rely on the opinions or information expressed on MenHairstylist.com for any purpose. You are solely responsible for evaluating at all times the timeliness, completeness, usefulness or accuracy of any content you find on our website. Under no circumstances are we to be held responsible or liable for any damage or loss of data produces by your reliance on the content published on our website. We clearly disclaim all conditions and warranties of any kind, whether implied, statutory or express, including, but not limited to specific and implied warranties related to merchantability, the fitness for a particular purpose as well as non-infringement. We also disclaim any warranties related to security, timeliness, and performance of our website. We disclaim all warranties related to any advice or information gathered from our website, as well as any warranty for goods or services advertised or received on our website or through any of the provided links, and also for any advice or information received by accessing the links provided through the website. In addition, no information (oral or written) or advice gathered from us by you shall create any type of warranty.
4. Intellectual Property and Proprietary Rights
You acknowledge that MenHairstylist.com and all the content herein, including any kind of derivative work and proprietary or confidential information, is protected by trademarks, patents, service marks, proprietary rights and copyrights owned by Men Hairstylist and the team managing and operating it. Any display or use of MenHairstylist.com or/and any of the content in any way other than those expressly permitted by the present Terms of Service and applicable laws and regulations is strictly prohibited unless you are granted our written permission or the permission of the respective intellectual property owner. Except the specific limited use granted to you in these Terms of Service, you do not acquire any other title, interest or right in relation to MenHairstylist.com or any of its content. Any rights not included or expressly granted in these Terms of Service remain expressly reserved.
Men Hairstylist respects all intellectual property of others, and we ask our visitors to do the same. We may, in special circumstances and at our own discretion, disable or remove your access to material that infringes the rights of others, as well as terminate your access to the website. If you consider that your work has been used and copied in any way that represents copyright infringement, or any other violation of intellectual property rights, please get in contact with us at contact[at]menhairstylist[dot]com. We will respond shortly to any claims related to copyright infringement.
5. Credits
Men Hairstylist may issue credits for various promotional programs created in partnership with affiliate online stores. Any and all the credits issued by MenHairstylist.com may be subject to a requirement of minimum purchase.
You must not conduct any personal promotion in connection to our website. You may not get involved in any marketing, promotional or any other advertising activity on behalf of Men Hairstylist, including by way of using any trademarks of Men Hairstylist.
6. Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
Consent to Data Collection. These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.
Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
In case you want to read more about our collection of personal data, we invite you to view our Privacy Policy as well.