Terms & Conditions
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TERMS AND CONDITIONS
We reserve the right to change the terms, conditions and notices under which this Site is made available for you. You are responsible for regularly reviewing these terms and conditions.
3. Personal and non-commercial use limitation
This Site is made available for personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. You may download portions of the Site for your own lawful noncommercial use or to place an order for our products. Any other use of the materials on this Site, including but not limited to the modification, reproduction, distribution, replication, display or transmission is strictly prohibited. Any unlawful use of the materials on this Site is strictly prohibited.
4. Intellectual Property
The entire content of this Site, including the text, design graphics interfaces, software code, icons, audio, video, and the selection and arrangement thereof, is our copyrighted work and protected by the copyright laws of the United States. All trademarks, service marks, and trade names, registered and unregistered, are the property of Sally Hershberger Professional Hair Care LLC. Except as specifically authorized, you may not use, republish, reproduce, display, create derivative works from, or reverse engineer or decompile, distribute, copy, post or transmit any of the material on this Site.
5. User submissions
6. Third – Party Links
For your convenience, this Site may contain links to other sites on the Internet which are not affiliated with us in any way. We take no responsibility for these sites or the information which may appear on these sites.
Each claim or statement made regarding our products is made for U.S. residents only, except as otherwise noted.
We make no representations or warranties for the accuracy or completeness of this Site or the content of linked sites, if any.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS INCLUDED IN THIS SITE ARE PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS;(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify and hold us, our officers, directors, employees, contractors and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ 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.
With respect to any dispute regarding the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that any cause of action or claim that you may have with respect to your use of the Site must be commenced within one year after the act or omission giving rise to the claim or cause of action.