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Safe Solutions for Frantic Families™ |  |
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Your use of the Hair Fairies web site (www.hairfairies.com), including the purchase of products and services from the Site and the use of the software related to the Site, is governed by the terms of this User Agreement. By accessing, browsing, or using the Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, then you may not use the Site.
Hair Fairies may change these terms in the future by updating this posting. The affected terms shall take effect immediately upon posting on the Site. It will be your responsibility to monitor the Site for the amendments. This User Agreement was last revised on February 3, 2004.
Site Contents, Ownership, and Use Restrictions The information contained on the Site or used in connection with its operation, including all text, graphics, logos, button icons, images, audio clips, video clips, software, and other materials Hair Fairies that appear on the Site or are used in connection therewith, are the property of or its content, services and other suppliers and protected by U.S. and international copyright and other laws. The content and software on our Site or connected or related to its use may be used only from the Site as a shopping resource. Any other use, including the reproduction, modification, disassembly, compilation, reverse engineering, distribution, transmission, republication, display or performance, of the content, information or software on or connected with the Site is strictly prohibited. Making Purchases If you wish to make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You represent that all information that you provide to Hair Fairies and any other vendor will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchase. You should protect access to your password, including by the means described in our Privacy Statement, attached to and made a part of this Agreement. Pricing; Offers; Errors in Price or Terms All prices contained in the Site are those in effect at the time of publication and are subject to change without notice. All pricing reflects U.S. dollars. Hair Fairies is responsible for errors in pricing or other terms of sale set forth on the Site; in the event of any error in pricing or terms, Hair Fairies shall notify you of the error and you shall have the right either to purchase the product or service at the corrected price or terms or to cancel your order. In connection with any such error, please note that the Site does not consist of or contain any offer to sell products or services, but rather consists of a solicitation of offers from you and other customers; as such, no contract will be formed until Hair Fairies accepts your offer to purchase. Delivery Most items shipped by Hair Fairies are shipped via UPS or similar means. Items which are not able to ship via UPS or similar means are sent by best and most direct Motor Freight carrier. Product availability or specifications may change during the life of the Site catalog. In the event an item is unavailable within one week of receipt of order, Hair Fairies will terminate the unavailable item(s) from the Purchase Order, and notify the Customer of such action. Shipping Damages 1) Check all cartons immediately upon delivery. 2) Make note of damage on the freight bill before signing. If the condition of the merchandise contained in the carton is questionable, please write "possible hidden damage" on the freight bill. 3) Damaged merchandise must be returned within 30 days to receive credit. Disclaimer and Limitation of Liability Except for any applicable manufacturer's warranty provided by a manufacturer of a product, to the maximum extent provide by law, the Site, including any content or information contained within it and any Site-related service or software and every product or service licensed or purchased through the Site, is provided on an "as is" basis without and conditions or warranties whatsoever. The entire risk associated with the use of the Site, including with the use of any content or information contained within it and any Site-related service or software and every product or service licensed or purchased through the Site, resides with you. All other conditions or warranties are hereby disclaimed, whether expressed or implied or statutory, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability or fitness for a particular purpose. These disclaimers will not be affected by any subsequent course of dealing or performance. Hair Fairies does not warrant that your access to the Site and/or related services or software will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server or software that make it available are free of viruses or other harmful components. Hair Fairies does not warrant or make any representations regarding the use or the results of the use of any product or service purchased or licensed in terms of its compatibility, correctness accuracy, reliability or otherwise. You assume total responsibility and risk for your use of the Site and Site-related services and software. You agree that, in no event will Hair Fairies or its directors, officers, employees, agents, sponsors, consultants, suppliers, and representatives be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation loss of profits, loss of use, loss of cover, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, tort (including negligence), strict liability, statutory or other theory arising out, connected with of or relating in any way to the Site or your use thereof, Site-related services and software (including any software or services provided by any Beneficiary), or any products or services offered, sold or displayed on the Site or relating to its use, whether or not Hair Fairies or any Beneficiary have been advised of the possibility of such damages. In addition, neither Hair Fairies nor any Beneficiary will be liable for any damages caused by or arising out of any delay in delivery of or providing of any products or services or in access to the Site or any services provided in connection with the Site. If the foregoing limitation is held to be unenforceable, the maximum aggregate liability of Hair Fairies and any Beneficiaries to you under any theory or claim of damages (including direct, indirect, incidental, consequential, special, exemplary or punitive damages) shall not exceed the amount of fees paid by you for the products or services you have ordered through the Site and which are the subject of your claims. Some jurisdictions do no allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement. Indemnity You shall indemnify, defend, and hold harmless Company and each Beneficiary from any suits, losses, claims, demands, liabilities, costs and expenses (including actual attorney fees incurred) that Hair Fairies or any Beneficiary may sustain or incur from: (i) your use of the Site or any Site-related software or services; (ii) your failure to comply with applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or resell the goods and services you obtain through the Site; or (iii) your breach of any of its obligations set forth in this Agreement. Transfer Control Compliance You represent and covenant that you (and/or your parents, subsidiaries, affiliates, employees, agents, or other third parties, as applicable): (a) each is in compliance with, in good standing under, and has not violated, any United States laws, including the Export Administration Regulations, the International Traffic in Arms Regulations and the regulations administered by the Office of Foreign Assets Control of the Department of the Treasury or other similar laws or any foreign country (collectively, the "Transfer Control Laws"); (b) each is not, and never has been, named as a "debarred" party, "denied person or entity," "embargoed entity," or otherwise sanctioned under, or prohibited from engaging in activities subject to, the Transfer Control Laws; (c) will immediately notify Hair Fairies in the event that any such is named as a "debarred" party, "denied person or entity," or "embargoed entity," or otherwise sanctioned under, or prohibited from engaging in activities subject to, the Transfer Control Laws; and (d) will engage in transfers through the Site in full compliance with all applicable Transfer Control Laws. Governing Law and Exclusive Jurisdiction The Agreement is governed by the laws of the United States of America and the State of California, without regard to the laws regarding conflicts of law. Any litigation regarding or relating to this agreement or any transaction between any customer and Hair Fairies shall be brought exclusively in the state or federal courts located in Los Angeles County, California and the customer hereby agrees and submits to such jurisdiction and venue as proper and waives any right to change venue. Force Majeure We will not be liable in any amount for our failure to perform any obligation under this agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, act of God, or the occurrence of any other unforeseen contingency beyond our reasonable control. Public Statements You may not issue any press release or make any public statement regarding your participation in or use of the Site, except as permitted by Hair Fairies in writing. Privacy Statement Your use of the Site is also subject to our Privacy Statement, which details our commitment to your privacy and security. Please read it. The Privacy Statement should be considered part of this User Agreement and is subject to all of its terms and conditions. Miscellaneous If any of these terms are found unlawful or void or unenforceable for any reason, then those terms will be considered severable from the remaining terms and will not affect their validity or enforceability. Each disclaimer of warranties, limitation of remedies and exclusion and limitation of damages is intended to be separate from each other such disclaimer or limitation and the finding that any one such aspect is unenforceable shall not affect in any manner the enforceability of the other such disclaimers and limitations. The Beneficiaries are direct and intended third-party beneficiaries of this Agreement. Information Control You may not post or any forum or use in any chat rooms any material that is libelous, defamatory, obscene, abusive, invades anyone's privacy or violates any intellectual property right or other right of any party or any law, rule or regulation. You may not use any forum or chat area for any commercial purpose. We cannot control all the information that is made available on the Site from third parties in chat rooms or forums and do not undertake any obligation to screen any such information. It is possible that information supplied by third parties may be offensive, harmful, inaccurate, mislabeled or otherwise violate our policies. Hair Fairies does not endorse and is not responsible for such information. It is the responsibility of the Customer to evaluate the accuracy, completeness, or usefulness of any information provided in such forums on the Site. By using any information on the Site, you give us and our affiliates the non-exclusive, perpetual, sub-licensable right to use such information in any manner in their original or edited form in all media now known or hereafter created and represent that all moral rights in such materials have been waived as to such uses. You are not entitled to any compensation for such license or use. You warrant that you have the right to grant the foregoing rights. |
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