1. Your Acceptance
BY USING AND/OR VISITING mybestfriendshair.com or any other domain name owned by My Best Friend's Hair, Inc ("MBFH" and the "Company"), YOU (as defined below) SIGNIFY THAT YOU AGREE TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF MBFH'S PRIVACY NOTICE.
2. MBFH Website
These Terms of Service apply to all users of the Website, including users who are also contributors of text, image, audio, video or interactive content, information, and other materials or services on the Website ("You" or "you"). The Website may contain links to third party websites that are not owned or controlled by this Company. These third party websites may have separate terms and conditions that you may have to comply with. MBFH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MBFH will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release MBFH from any and all liability arising from your use of any third party website and expressly waive your right to bring any claim against MBFH for any such related claim arising there from.
3. Website Access
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (together with User Submissions, the "Content") and any MBFH trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MBFH in accordance with trademark, copyright or other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MBFH reserves all rights not expressly granted in these Terms of Service. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
6. Cancellation Policy
As a member salon or stylist, you have the ability to cancel your MBFH subscription at any time. Your
cancellation will take effect at the end of your current billing period. You will not receive a refund
for billing that has already occurred, except in the specific instances described below. Once your
cancellation is effective, MBFH subscribers will no longer have access to your premium account.
To ensure that your credit card will not be charged for your next billing period, you MUST cancel your
subscription no later than the day before your next scheduled billing period begins. Until the end of
the current paid billing period, you will still have access to MBFH. On the first day after the current
paid billing period expires, MBFH access will be terminated, the subscription will expire, and no further
subscription charges will appear on the credit card.
For monthly renewing subscriptions: Once cancelled, your subscription will terminate at the end of
the latest 30-day billing period for which you have previously been charged. No further charges will be
applied, and no refunds for unused time will be made.
For yearly renewing subscriptions: If you submit your cancellation request within the first 30 days
following your initial billing, you are eligible for a refund of all subscription fees for the service, minus
the respective $9.99 minimum fee for the first month's subscription. Please contact us for further
information. If you submit your cancellation request more than 30 days after your initial billing, your
subscription will remain active until the end of your current 12-month billing period. You will not receive
a refund and you will not be billed for the service again.
7. Warranty Disclaimer
MBFH PROVIDES THE WEBSITE AS IS AND YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MBFH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MBFH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MBFH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MBFH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL MBFH, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE (either directly or indirectly) TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MBFH, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MBFH makes no representations that the Website is appropriate or available for use in locations outside of the United States. Those who access or use the Website from outside of the United States do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless MBFH, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any and all claims, causes of actions or proceedings for damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any copyright, property, privacy or other intellectual property or proprietary right; or (iv) any claim that one of your User Submissions caused damage to a third party. MBFH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This obligation will survive these Terms of Service and your use of the Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age (or you are over the age of 13 and either an emancipated minor or possess legal parental or guardian consent). You shall not access or use the Website unless you are fully able and competent to enter into these Terms of Service, and to abide by and comply with these Terms of Service. This Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MBFH without restriction. Notwithstanding anything to the contrary in these Terms of Services, MBFH may transfer information MBFH has about you to third parties in connection with a merger, sale or acquisition involving all or part of our company, or as part of a corporate reorganization or stock sale or other change in corporate control. If MBFH undergoes such a business transition, your personal information may be one of the assets affected.
12. General
You agree that: (i) the Website shall be deemed solely based in Indiana; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MBFH, either specific or general, in jurisdictions other than Indiana. These Terms of Service shall be governed by the laws of the State of Indiana, without respect to its conflict of laws principles. Any claim or dispute between you and MBFH that arises in whole or in part from the Website or Terms of Services shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Indiana. These Terms of Service and any other notices published by MBFH on the Website, shall constitute the entire agreement between you and MBFH. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MBFH's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND MBFH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE or these terms of service MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.