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:
-
a physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed;
-
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;
-
your address, telephone number, and email address and all
other information reasonably sufficient to permit HairClub
to contact you;
-
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
-
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.