his website is operated by TalentedHairStudio. Throughout the site,
the terms “we”, “us” and “our” refer to TalentedHairStudio.
TalentedHairStudio offers this website, including all information, tools
and services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or
using our website. By accessing or using any part of the site, you agree
to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall
also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve
the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and services to
you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence
and you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any
laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card information
is always encrypted during transfer over networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is
not accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site
may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We
reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not
be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our
Return Policy.
We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor’s display of any color
will be accurate.
We reserve the right, but are not obligated, to
limit the sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing
are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You
acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party
tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you
are familiar with and approve of the terms on which tools are provided
by the relevant third-party provider(s).
We may also, in the future,
offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We
are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made
in connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively,
‘comments’), you agree that we may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your
use of the Service or any related website for violating any of the
prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You
agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by
us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall pursuit99,
our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TalentedHairStudio and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any
claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from
these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment
you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of
these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service constitutes the
entire agreement and understanding between you and us and govern your
use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of New York, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE Questions about the Terms of Service should be sent to us at [email protected]