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Notice and Acceptance of Terms of Use

Last modified on May 18, 2022

Thank you for visiting our site, which is owned and operated by Hair Club for Men, Ltd., Inc. (collectively, "HairClub", "we" or "us"). HairClub, individually and through its subsidiaries, provides the content and services available on the websites www.hairclub.com, www.shop.hairclub.com, the HairClub App, any HairClub emails, email newsletters published or distributed by HairClub and all interactive features, services and communications provided by HairClub (collectively, the “Platforms”). Please read these terms of use (“Terms of Use” or “Terms”) carefully before using the services in any of our Platforms. THESE TERMS OF USE SET FORTH THE LEGALLY BINDINGS TERMS AND CONDITIONS FOR YOUR USE OF THE PLATFORMS.    

These Terms of Use apply to all users of the Platforms, including, without limitation, users who are contributors of content, information and other materials or services on the Platforms. If you do not agree with the Terms, then you do not have the right to access, view, download or otherwise use the Platforms or purchase any products and, accordingly, you should not do so.

We may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Platforms, and your continued use of the Platforms following the posting of changes to these Terms of Use constitutes your acceptance of any changes.

Privacy

Please review HairClub’s Privacy Policy to understand our practices with respect to the collection, use, disclosure, and protection of personal information. Our Privacy Policy is incorporated into these Terms, and by use of our Platforms you agree to the terms of the Privacy Policy.

Terms of Use

Use of Our Platforms

You agree to use the Platforms only for lawful purposes. You agree not to take any action that may compromise the security of the Platforms, render the Platforms inaccessible to others or otherwise cause damage to the Platforms, its users, or the content therein. You agree not to use the Platforms in any manner that might interfere with the rights of third parties. We reserve the right to terminate or limit your access to the Platforms for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. In such event, you must immediately destroy or delete any downloaded or printed material from our Platforms.

To access the Platforms or some of the resources they offer, from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use and or your interaction with the Platforms that all the information you provide is correct, current, and complete. You agree that all information you provide to register with HairClub through any Platforms, or over the phone, incenter, via teleconference or otherwise, including but not limited to via the use of any interactive features is governed by our Privacy Policy, and you consent to all actions we take with respect toy our information consistent with the Privacy Policy.

Eligibility

Our Platforms are intended for adults 18 years of age or the age of majority in your jurisdiction. By using our Platforms you represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from our Platforms;(c) and you will only provide us with true, accurate, current and complete information if you register to receive information or for any contests or sweepstakes, as defined below. HairClub does not knowingly collect personal information from children, which includes anyone under 18. If you are under 18 years of age or the age of majority in your jurisdiction, do not use or provide any information on any HairClub Platforms. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 years of age, please contact us using the information on the Contact Us section of our Privacy Policy.

Products and Services for Personal Use

The products and services available on the Platforms are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

You acknowledge and understand that all information presented on our Platforms is intended to be used for personal, education or information purposes only. Unless other wise noted, the statements made about any of our products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. Except as otherwise expressly specified, the statements, information and products sold through our Platforms are not intended to cure, treat, diagnose, or present any condition or disease, or to serve as a substitute for professional medical advice. All products should be used strictly in accordance with their instructions, precautions, and guidelines.


HairClub Application Accounts

In order to access some features on the Platforms, you will need to create a HairClub App account ("HairClub App Account") and you agree to:

1.              Provide true, accurate, current and complete information about yourself ("Profile Data").

2.              Maintain and promptly update the Profile Data to keep it accurate.

3.              Only maintain one HairClub App Account.

4.              Never use another person's HairClubApp Account.

5.              Bear full responsibility for the activity on your HairClub App Account and the security of your account credentials.

We have the right to suspend or terminate your HairClub App account, with or without notice, and refuse any and all current or future use of the Platforms due your violation of the Terms of Use or Privacy Policy, or if we determine in our sole discretion that suspension or termination is in the best interest of supporting a fair, wholesome and safe environment for users of the Platforms.


User Content and Review of Submissions

We welcome user comments, information, and submissions.  In addition, from time to time, you and other users of the Platforms may have an opportunity to post on the Platforms certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”).Subject to our Privacy Policy, all User Content that you post on our Platforms will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Platforms. Additionally, by using the Platforms you agree to grant HairClub and any of its affiliates, successors and assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, transmit, and create derivative works from, distribute, and display, throughout the world in any media, any and all User Content and the name and or likeness associated to such User Content (the “License”). We cannot guarantee that other users will not copy, modify, distribute, or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on our Platforms. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Platforms.  

You acknowledge we have no obligation to verify the identity of any users when they are connected to the Platforms or to supervise the User Content that has been provided by users. You further acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Platforms. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, from users of the Platforms and the public.

User Conduct  

By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Platforms from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Platforms for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with our Platforms.

You are prohibited from posting or transmitting any material to the Platforms that could: (i) interfere with anyone else's use of the Platforms; (ii) be considered abusive, illegal, indecent, obscene, offensive, discriminating or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii)contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

Although we may from time to time monitor or review postings, transmissions, and the like on the Platforms, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any User Content or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.


No Endorsement

We do not control the User Content posted on the Platforms and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality.  We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive.  User Content includes the opinions, statements, and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on our Platforms do not necessarily reflect our views orthose of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Platforms.


Intellectual Property and Service Content

Unless otherwise noted, all information and content on the Platforms, including but not limited to trademarks, logos, service marks, features, functions, graphics, images, audio material, video material, data compilations, button icons, software, articles, artwork, downloads and other files, excluding User Content as defined herein (collectively, the “Content”), is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

The HairClub Platforms and all their features, materials, along with the information they display, the marketing collateral used, and the trademarks, logos, copyrights and service marks(“Marks”) used are protected by the intellectual property rights of HairClub and or third parties under agreement with HairClub. The unauthorized use and or appropriation of these Marks or materials without the prior written consent of HairClub or any third-party owner of the Mark is illegal and HairClub actively polices and enforces its intellectual property rights. You agree to comply with all copyright laws worldwide in your use of the Platforms, as such You understand and agree that You must refrain from any unauthorized copying or use of the Marks. Except as expressly provided herein, HairClub does not grant any expressor implied right to you under this Agreement.

Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly per form, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Content or any portion thereof, for any purpose or by any means, method, or process now known or later developed.  Modification of the materials appearing on the Platforms or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Opinions, advice and all other information expressed by any third parties on the Platforms represent their own views and not those of HairClub. You should not rely on such opinions, advice, or other information. Neither HairClub nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.


Copyright Protection

HairClub honors the intellectual property rights of others and asks the same of its users and visitors of the Platforms. HairClub may, in its sole discretion, terminate the accounts or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others. HairClub will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act(17 U.S.C. § 512) (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, HairClub will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide HairClub with the following information. Please be advised that to be effective pursuant to Section 512(c)(3) of the DMCA, the Notification must include ALL of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site with information reasonably sufficient to permit HairClub to identify the material;
  3. your address, telephone number, and email address and all other information reasonably sufficient to permit HairClub to contact you;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  5. a statement by you, made under penalty of perjury, that the above information in your notification is  accurate and that you are the copyright owner or are authorized to on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:


By Mail:

Attn: DMCA Notice/ HairClub Legal Department
1499 West Palmetto Park Road, Suite 300

Boca Raton, FL 33486

By Email:  

Indicate DMCA Notice in Subject Line- privacypolicy@hairclub.com

After receiving an effective notification of claimed infringement, we will process and investigate the claim and, if appropriate, will act expeditiously to remove or disable access to material claimed to be infringing. We also will take reasonable steps to notify the uploading user that the material has been removed or disabled at your request. This notification process does not limit HairClub’s ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.

Links To Other Websites or Social Media Applications or Platforms

You may be able to link to third party Websites, services or resources on the Internet from our Platforms, and third-party Websites, services or resources may contain links to our Platforms (collectively, “Linked Sites”). We are not responsible and specifically disclaim any liability for the content, availability, advertising, products, services, and other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on our Platforms does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites, including without limitation, their privacy policies and terms and conditions. When accessing Linked Sites as part of our services, you are solely responsible for reviewing applicable terms of use and privacy policies to ensure compliance and determine how they collect, use, store, protect, and or share your personal information. Your use and access of these Linked Sites is at your own risk.


Video Consultations and Use of Software

Some of our Platforms may allow you to use a video consultation feature either with automated tools or with live consultation through third-party platforms. By using this service, you agree to allow us to activate your camera to connect with our consultants. You further agree HairClub will not be responsible for your interaction with such third-party video consultation platforms and or software, including its treatment of your information and the terms and conditions applicable to any transaction between you and the third-party video platforms.  


Disclaimer of Warranties

THE INFORMATION PRESENTED ON ORTHROUGH THE PLATFORMS IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATIONPURPOSES. HAIRCLUB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS ORENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PLATFORMS OR THEIR CONTENT AND ORANY RELIANCE THEREON. ANY MATERIAL ON THE PLATFORMS MAY BE OUT OF DATE AT ANYGIVEN TIME. HAIRCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, STATUTORY OR OTHERWISE, INCLUDINB BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGMENT, WITH REGARD TO THE PLATFORMS, THE SERVCE, THE CONTENT, AND ANYPRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE PLATFORMS. HAIRCLUBDOES NOT WARRANT THAT THE FUNCTIONS PEFORMED BY THE PLATFORMS OR THE SERVICESPROVIDED BY IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THATDEFECTS IN THE PLATFORMS OR HAIRCLUB PROVIDED SERVICES WILL BE CORRECTED. HAIRCLUBDOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANYERRORS IN THE CONTENT WILL BE CORRECTED. THE PLATFORMS, THE SERVICE AND THECONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ALL USE OF THISWEBSITE OR THE HAIRFIT APPLICATION IS AT YOUR OWN RISK.

 

FROM TIME TO TIME THE PLATFORMS MAY INCLUDE CONTENTPROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS LIKEYOU, BLOGGERS AND THIRD-PARTY LICENSORS OR OTHERS. ALL STATEMENTS AND/OROPINIONS EXPRESSED IN USER PROVIDED MATERIALS, AND ALL ARTICLES AND RESPONSESTO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY HAIRCLUB,ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITYPROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THEOPINION OF HAIRCLUB. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTYAND SPECIFICALLY DISCLAIM ANY LEGAL RESPONSIBILITY FOR THE CONTENT OR ACCURACYOF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

 

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BYLAW, HAIRCLUB, ITS AFFILIATES, PARENTS, SUBSIDIARIES ASSIGNS AND EMPLOYEES,AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE HELD LIABLE FOR ANY DIRECT,INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGESARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THE TERMS OF USE, THEPRIVACY POLICY, OR THE COMMUNICATIONS POLICY, OR YOUR USE OF OR INABILITY TOUSE THE HAIRCLUB PLATFORMS, INCLUDING ANY INTERRUPTIONS, ERRORS, DEFECTS ORDELAYS IN TRANSMISSION OF THE PLATFORMS, EVEN IF HAIRCLUB HAS PREVIOUSLY BEENADVISED OF, OR REASONBLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OFCONTRACT, UNAUTHORIZED HACKING, OR THE INTRODUCTION OF HARMFUL CONTENT BY THIRDPARTIES, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT NO CLAIMS OR ACTIONIN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, ORRELATED TO, THE USE OF THE PLATFORMS OR THESE TERMS OF USE MAY BE BROUGHT BYYOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM ORACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PLATFORMS, TERMINATION OF YOURUSE OF THE PLATFORMS IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION,LIABILITY, OR RESPONSIBILITY TO YOU.


Indemnification

Your agree to defend, indemnify and hold HairClub and its affiliates, parents, subsidiaries, assigns, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors (“Indemnified Parties”) harmless from and against any and all claims, losses, liabilities and expenses, including attorney’s fees, resulting from any claim, action, or demand arising from (i) your use of the Platforms or the Content in violation of any law, rule, regulation, or these Terms, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorney’s fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.


Surveys, Sweepstakes, Quizzes & Contests

From time to time, HairClub may publish and or make available Surveys, Sweepstakes Quizzes & Contests or similar events that may offer prizes or require you to send in material or information about yourself. Surveys, Sweepstakes Quizzes& Contests or other such events have their own rules, and you are responsible for reading such rules before participating. Each contest or similar event has its own rules, which you must read and agree to before you may enter.


Disputes

By using our Platforms, you agree that HairClub or one of its affiliates at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Platforms, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and(3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this agreement.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are the entire agreement between you and us with respect to the Platforms and any User Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.


Governing Law and Jurisdiction

Visitors to our Platforms acknowledge that all activities available on and through the Platforms, are governed by the laws of the United States of America and the laws of the State of Florida. We do not represent that materials on the Platforms are appropriate or available for use in other locations. Persons who choose to access the Platforms from other locations do so on their own initiative and are responsible for compliance with local laws.

You agree that the laws of the State of Florida, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Platforms applicable to your use of the Platforms shall govern your use of the same. Please note that your use of the Platforms may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Platforms resides in the courts of the County of Palm Beach, State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Palm Beach, State of Florida, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.


Contact Us

If at any time you wish to contact HairClub with any questions regarding our Terms of Use or data use, or should you no longer wish to receive information from HairClub, please contact us:

For Terms of Use or Data Use Questions

By Mail:
Attn: Terms of Use / HairClub Legal
1499 West Palmetto Park Road, Suite 300
Boca Raton, FL 33486

By Email: For Terms of Use or Data Use Questions:

privacypolicy@hairclub.com

 

For Customer Service or Opt-out Requests  

By Email: For Customer Service or if you wish to no longer receive information from HairClub:

care@hairclub.com

 

By Phone: 8003061401



Notices

Unless otherwise specified in these Terms of Use, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via one of the methods described on our Contact Us section. You agree that we may send notices to you regarding your use of the Platforms by means of electronic mail, a general notice posted on the Platforms or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

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