Terms and Conditions

Welcome to the Hair Cuttery® website which is owned, operated, supported and provided to you by Creative Hairdressers, Inc., a Virginia corporation and Ratner Companies, L.C. (collectively, for purposes herein, “Hair Cuttery”), and affiliates. Please read these Terms & Conditions and our Privacy Policy carefully before using the Sites.

Scope
These Terms & Conditions describe the rules for interacting with and using Hair Cuttery’s websites, and our mobile properties such as our mobile-optimized website, the Hair Cuttery mobile App and Hair Cuttery’s SMS/MMS text message program (collectively, the Hair Cuttery “Sites”). Any person or entity who interacts with the Sites, whether through the use of crawlers, robots, browsers, date mining or extraction tools, or other functionality, regardless of whether such functionality is direct or through a third party, is considered to be using the Sites. If at any time you do not wish to abide by all of these Terms & Conditions, you must immediately stop using the Sites. Your accessing or using the Sites creates a legally binding agreement between you and Hair Cuttery to abide by these Terms & Conditions.

From time to time, Hair Cuttery may revise these Terms & Conditions without any notice to you, and will reflect the date of recent changes above. You agree that, each time you access or use the Sites, you shall review and abide by the then current version of these Terms & Conditions.

Other sites operated by Creative Hairdressers, Inc., a Virginia corporation, and its management company, Ratner Companies, L.C. or affiliated with Hair Cuttery may have similar or different terms of use and privacy policies governing their use. Those polices and terms of use are posted or linked to on their respective sites. Note that sites operated by our franchisees are not governed by these Terms of Use or our Privacy Policy.

Privacy Policy
Hair Cuttery’s Privacy Policy is incorporated by reference as if fully set forth herein. In case of a conflict between any provision of the Privacy Policy and any provision of these Terms & Conditions, the provision of these Terms & Conditions will apply.

Content & Submitted Content
All content included on the Sites, such as text, graphics, logos, images, audio clips, video, data, music, software, application updates and other material (collectively "Content"), is provided for your general information. Although we work hard to ensure all of our Content is always accurate and up-to-date, occasionally the Content may not reflect the most recent information regarding, for example product availability or pricing, and the Hair Cuttery does not guarantee the accuracy, completeness, timeliness, usefulness or adequacy of any information or resources available on the Sites.

All Content on the Sites is owned or licensed property of Hair Cuttery or its affiliates, vendors, suppliers or licensors and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Sites is the exclusive property of Hair Cuttery and protected by U.S. and international copyright laws. Hair Cuttery and its affiliates, vendors, suppliers and licensors expressly reserve all intellectual property rights in all Content. Subject to these Terms & Conditions, Hair Cuttery grants you a personal, nontransferable, nonexclusive, revocable, limited license to view and use the Content on the Sites for the purposes intended as set forth herein.

Some Hair Cuttery Sites permit you to supply content to the Sites, including information, profiles, goals, opinions, messages, comments, photos, and similar communications (collectively, “Submitted Content”). All Submitted Content will be considered non-personal, non-confidential and nonproprietary. You acknowledge that you are responsible for any and all such Submitted Content. You represent and warrant that the Submitted Content is wholly complete, true, and accurate; that you are the sole owner of the Submitted Content or have all rights, licenses, consents, approvals and releases that are necessary to submit the Submitted Content; that use of the Submitted Content you supply does not violate these Terms & Conditions and will not cause injury to any person or entity; and that you will indemnify Hair Cuttery or its affiliates for all claims resulting from content you supply. By supplying Submitted Content, you agree to grant to Hair Cuttery a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Submitted Content, in whole or in part, for purposes of art, advertising, editorial, trade, or promotion or any other purpose whatsoever and in any manner or media whatsoever.

You shall not contribute any Submitted Content that: (a) is harmful; vulgar; obscene; profane; sexually explicit; abusive; threatening; privacy invading; defamatory; racially, ethnically, or otherwise objectionable; or unlawful in any way; or (b) infringes, violates, or may infringe or violate, any intellectual property or other right of another person. You are solely responsible for the content of any Submitted Content that you submit to the Sites, and Hair Cuttery assumes no responsibility or liability for any content submitted by you or any other site visitor. Hair Cuttery does not endorse or pre-screen Submitted Content. Hair Cuttery shall have the right, but not the obligation (in Hair Cuttery’s sole discretion) to reject, edit, move, or remove any Submitted Content from the Sites.

As to any Submitted Content that displays the likeness, voice, biographical, or identifiable information of a person, you represent and warrant that the subject of the Submitted Content is: (a) you; or (b) a minor (aged 13 years of age or older) of whom you are the parent or legal guardian. Specifically, you shall not submit to or through the Sites any Submitted Content depicting a person that is (a) a person other than yourself; (b) a minor (age 13 years or older) for whom you are not the parent or legal guardian; or (c) a child under the age of 13 regardless of whether you are the parent or legal guardian or not.

Use of the Sites
The Sites must be used only for the purposes expressly set forth on the Sites and herein. Any other use is prohibited. The Sites are not intended to be used by persons under the age of 13. You represent and warrant that you are at least thirteen (13) years of age.

Notwithstanding any other provision of these Terms & Conditions, you shall not:

(a) access or use the Sites for any purpose that in any way violates applicable state, federal, or international laws, regulations or other government requirements;

(b) access or use the Sites for any purpose that is not expressly permitted by the Sites or these Terms & Conditions;

(c) access or use the Sites in any manner that could damage, disable, overburden, or impair any Hair Cuttery computer system, server, or network;

(d) access or use the Sites in any manner that interferes with any other person’s access or use of the Sites;

(e) attempt to gain unauthorized access to the Sites, other accounts, or any Hair Cuttery computer system, server, or network; or

(f) access or use materials or information through any means not intentionally made available by Hair Cuttery.

If you fail to abide by these Terms & Conditions or any relevant law, rule or regulation, Hair Cuttery may prohibit you from accessing or using the Sites. No action or omission by Hair Cuttery shall be deemed to be a waiver of any right or remedy provided under these Terms & Conditions or under applicable law. Hair Cuttery reserves the right to immediately terminate your use of, or access to, the Sites at any time, without notice.

Third-Party Websites, Companies & Products
The Sites may include links to one or more external websites or resources owned and operated by third-parties. These links do not constitute or imply an endorsement, sponsorship or recommendation by Hair Cuttery of the third party, the third party website or the, information, goods, services or other materials contained therein. If you use these links you will leave the Sites and will be subject to the terms of use and/or privacy policies or practices applicable to such websites. Use of and access to any third party website is at your own risk and Hair Cuttery will have no liability arising out of or related to use of such third party website.

Sweepstakes & Contests
Any sweepstakes, contests, and/or other promotions run on the Sites or referenced in connection with the Sites (“Promotions”), shall be governed by the associated rules provided or posted in connection with such Promotions. Promotions may require the participant to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. Please see the Privacy Policy regarding the use of such information.

SMS/MMS Text Message Program
Hair Cuttery offers you the opportunity to receive time-sensitive, relevant information through SMS/MMS text messaging to your mobile device(s) (“Text Message Alerts”). These Text Message Alerts allow Hair Cuttery to provide you with information and notifications relevant to accessing and using Hair Cuttery services (e.g. “your stylist is ready,” “check-in now”, etc.), and participating in surveys, polls, sweepstakes, contests, and similar activities. By participating in the SMS/MMS Text Messaging Program, you agree to be bound by these Terms and Conditions, as well as Hair Cuttery’s Privacy Policy.

    • Opt-In Information: To subscribe to Text Message Alerts, text JOIN to 4-HAIR (4-4247). You will receive a SMS/MMS text message confirming your enrollment. Reply YES to confirm your enrollment and begin receiving Text Message Alerts.

Text Message Alerts may be sent using an automatic telephone dialing system. By enrolling in the SMS/MMS Text Messaging Program, you consent to Hair Cuttery using an automatic telephone dialing system to send Text Message Alerts, and certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS/MMS Text Messaging Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS/MMS Text Message Program. Consent to receive Text Message Alerts is not required as a condition of purchasing any goods or services.

    • To Stop Messages or Opt Out: To stop receiving Hair Cuttery Text Message Alerts, reply STOP to 4-HAIR (4-4247) or to any Hair Cuttery Text Message Alert or contact the Hair Cuttery Client Service line at 1-866-25-STYLE (1-866-257-8953). If opting-out via a STOP reply message, you will receive a SMS/MMS text message confirming your opt-out request. Please allow up to five business days to process your request.
    • For Help: Text HELP to 4-HAIR (4-4247) for help. You may also call the Hair Cuttery Client Service line at 1-866-25-STYLE (1-866-257-8953) for help or for questions about the SMS/MMS Text Message Program.
    • Message Frequency: SMS/MMS Text Message Program participants may receive up to four Text Message Alerts per week.
    • Cost to Participate: Message and Data rates may apply. Check your mobile plan for details. Hair Cuttery is not responsible for any messaging or data charges incurred by SMS/MMS Text Message Program subscribers.
    • SMS/MMS Text Message Program Content: Hair Cuttery Text Message Alerts will include informational alerts regarding appointments, the availability of stylists, services and products; events, polls, giveaways, promotions, and contests, and similar events; and future content which may be of specific interest to our individual subscribers.
    • Location Information: You agree that Hair Cuttery may use location information (such as GPS data) from your mobile device when you are near a Hair Cuttery and send you additional SMS and/or MMS messages based upon your location.
    • Carriers Supported: SMS/MMS Program may not be available through all carriers. If your device does not support MMS messaging then you may receive an SMS message.
      • SMS Supported Carriers: T-Mobile(R), AT&T, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, Ntelos, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT, GCI/Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless

T-Mobile is not liable for delayed or undelivered messages. MMS carriers and support are coming soon.

DMCA Notice Procedure
Hair Cuttery’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Sites can be identified and removed via our process listed below, and you agree to comply with this process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied or posted on the Sites in a way that constitutes copyright infringement, please contact our designated copyright agent with the information specified below.
Your notification of alleged infringement must comply with the provisions of the DMCA and must include the following information: (1) a description of the copyrighted work which you claim has been infringed (if you are not the owner of the work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner); (2) a description of where the allegedly infringing material is located on the Sites; (3) information reasonably sufficient to permit Hair Cuttery to contact you (such as an address, telephone number, and, if available, an email address where you may be reached); (4) a statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (6) be sent to our DMCA designated agent at the following address:

DMCA Agent
c/o Ratner Companies, L.C.,
1577 Spring Hill Road, Suite 500
Vienna, Virginia 22182
Attn: Legal (DMCA)
Fax: 703-269-5418
Email: dmcaagent@ratnerco.com

Upon receipt of such written notification, conforming to the DMCA and containing the information described in this Section, Hair Cuttery will remove or disable access to the allegedly infringing material, forward the written notification to the alleged infringer, and attempt to promptly notify the alleged infringer that the allegedly infringing material has been removed. If allegedly infringing material is removed by Hair Cuttery, the alleged infringer may deliver a counter-notification to Hair Cuttery’s designated agent which complies with the provisions of the DMCA and includes the following information: (1) a physical or electronic signature of the alleged infringer; (2) a description of the material that has been removed, or to which access has been disabled, and the location at which the material appeared on the Sites before it was removed or access to it was disabled; (3) a statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) the alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of United States District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Hair Cuttery may be found, and that the alleged infringer will accept service of process from the person who provided the notification or an agent of such person.
Upon receipt of a counter-notification, conforming to the DMCA and containing the information described in this Section, Hair Cuttery will promptly provide you, the party who delivered the original notification, with a copy of the counter-notification and inform you that it will replace the removed material, or cease disabling access to it, within ten business days. If Hair Cuttery’s designated agent does not receive notice from you that an action has been filed seeking a court order to prohibit the alleged infringer from engaging in the infringing activity complained of in the original notification, Hair Cuttery will replace the removed material, or cease disabling access to it, within ten to fourteen business days after receipt of the counter-notification.

Disclaimer - No Warranty
THE SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAIR CUTTERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE MAY CONTAIN LINKS TO OTHER SITES. HAIR CUTTERY IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES OF THOSE SITES. ANY CONTENT OR MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

Limitation on Liability
IN NO EVENT SHALL HAIR CUTTERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS (“HAIR CUTTERY PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ITS CONTENT, ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE, OR ANY MATTER RELATING TO THE SITE, ITS CONTENT OR THESE TERMS & CONDITIONS. IN NO EVENT SHALL HAIR CUTTERY AND/OR HAIR CUTTERY PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM CONTENT (INCLUDING WITHOUT LIMITATION SUBMITTED CONTENT) PROVIDED BY OR REPRESENTATIONS MADE BY ANOTHER USER OF THE SITE. IN ANY EVENT, HAIR CUTTERY’S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THESE TERMS & CONDITIONS OR ARISING FROM YOUR ACCESS OR USE OF THE SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO HAIR CUTTERY PURSUANT TO THESE TERMS & CONDITIONS.

Indemnity
You agree to defend, indemnify and hold harmless Hair Cuttery (including Creative Hairdressers, Inc., Ratner Companies, L.C. and/or their affiliates) its officers, directors, employees, shareholders, agents, successors or assigns from and against any claims, liabilities, damages, actions, expenses or demands, royalties, fees, or damages, including, without limitation, all reasonable attorney’s fees and costs, resulting from your access or use of the Sites, its contents and any breach (or alleged breach) of these Terms & Conditions by you, any false representation made by you in these Terms & Conditions, your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party or any breach of a warranty made by you in these Terms & Conditions. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submitted Content you submit.

Miscellaneous Provisions
In the event any provision of these Terms & Conditions is deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The Terms & Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. Any action seeking legal or equitable relief or any legal proceeding (including without limitation any tort claim) arising out of or relating to the Sites, its content or these Terms & Conditions will be brought only in the courts of Fairfax County, Virginia or the United States District Court for the Eastern District of Virginia. Each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding and waives any claim that any legal proceeding (including, without limitation, any tort claim) brought consistent with this Section has been brought in an inconvenient forum or that the venue of that proceeding is improper.

The Terms & Conditions shall be binding upon each of the parties and upon their respective successors and assigns, and shall inure to the benefit of each of the parties and to their respective successors and assigns. These Terms & Conditions and the Privacy Policy contain the entire understanding and agreement between you and Hair Cuttery with respect to the Sites, its contents and use thereof and the contents contained herein, and supersede all prior or contemporaneous communications whether electronic, oral or written with respect to the same. These Terms & Conditions are not intended to confer upon any person, other than the parties, any rights or remedies.

Questions
Please call our Client service line at 1-866-257-8953 (1-866-25-STYLE) if you have any questions, requests or comments regarding, or problems with, the Sites.