U.S. HAIR

TERMS AND CONDITIONS

Welcome to the www.ushaircosmetics.com website. If you continue to browse and use www.ushaircosmetics.com, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with the Privacy Policy govern U.S. HAIR LLC’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use this website.

This agreement is in effect as of 20/08/2022.

1. DEFINITIONS

1. “U.S. HAIR”, “us”, “our” and “we” are references to the owner of this website, U.S. HAIR LLC, whose registered office is in the State of Delaware, 8 THE GREEN STE A, in the City of Dover, Zip Code 19901;

2. “You”, “Your” and “Yourself” are references to the user or viewer of this website and purchaser of the Goods from us;

3. “Goods” means the items specified in your invoice;

4. “Contract” means the contract between you and U.S. HAIR for the sale and purchase of the Goods on www.ushaircosmetics.com which incorporates this User Agreement;

5. “User Agreement” means these terms and conditions;

6. “Website” and “Site” means the www.ushaircosmetics.com website and all related content and mobile applications;

7. “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Website.

2. GENERAL

This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases made through this Website are governed by this User Agreement. The purchase of merchandise through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website, You agree that you will access the content solely for your personal and non-commercial use. This User Agreement applies to the purchase of goods from www.ushaircosmetics.com only.

3. OPT-IN OPT-OUT POLICY

Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at info@ushaircosmetics.com.

We may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you. Any email we send you will contain an easy unsubscribe link from all future mail shots. Please see our Privacy Policy for more information.

4. INTELLECTUAL PROPERTY

All content and materials available on U.S. HAIR, including but not limited to ‘look and feel’ of the Website, text, graphics, website name, code, images, button icons, compilations and logos are the intellectual property of U.S. HAIR LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this Website is strictly prohibited, unless specifically authorized by U.S. HAIR.

All trademarks, service marks and trade names of www.ushaircosmetics.com used in the Website are trademarks or registered trademarks of U.S. HAIR LLC.

The entire content published on this Website, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of www.ushaircosmetics.com. Copyright 2022, U.S. HAIR. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.ushaircosmetics.com. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Except as otherwise provided in this User Agreement or without our express prior written permission, You agree that You will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify any or all intellectual property of U.S. HAIR LLC 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 Website or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

5. RESPONSIBLE USE AND CONDUCT

By visiting this Website and accessing the Materials, You agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You hereby agree that:

1. Any warranty, express or implied, shall be voided by improper use.

2. In order to access our Materials, You may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information You provide will always be accurate, correct, and up to date.

3. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.

4. Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.

5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.

6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

7. We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if You choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, You agree that You will not upload, post, share, or otherwise distribute any content that:

1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

3. contains any type of unauthorized or unsolicited advertising;

4. impersonates any person or entity, including any U.S. HAIR employees or representatives.

8. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If You post content that we choose to remove, You hereby consent to such removal, and consent to waive any claim against us.

9. We do not assume any liability for any content posted by You or any other third-party users of our Website. However, any content posted by You using any open communication tools on our Website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of U.S. HAIR, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Materials. All information provided as part of our registration process is covered by our Privacy Policy.

6. LIMITATION OF WARRANTIES

By using this Website, You understand and agree that all Goods and Materials we provide are "as is" and "as available". This means that we do not represent or warrant to You that:

1. the use of our Goods and Materials will meet your needs or requirements.

2. the use of our Materials will be uninterrupted, timely, secure or free from errors.

3. the information obtained by using our Materials will be accurate or reliable, and

4. any defects in the operation or functionality of any Materials we provide will be repaired or corrected. Furthermore, You understand and agree that:

5. any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that You are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

6. no information or advice, whether expressed, implied, oral or written, obtained by You from U.S. HAIR or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

7. To the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, U.S. HAIR expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of this website or U.S. HAIR products or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by You from U.S. HAIR or through any U.S. HAIR product or service will create any warranty not expressly stated herein.

8. U.S. HAIR does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and U.S. HAIR will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.

7. LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, You expressly understand and agree that any claim against us shall be limited to the amount You paid, if any, for use of products and/or services. U.S. HAIR will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by You as a result of using our Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless U.S. HAIR and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, distributers, officers and directors, worldwide, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with:

(i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by You;

(ii) your violation of any term of this User Agreement;

(iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;

(iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information;

(vi) your willful misconduct; or

(vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

9. TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that You may have on file with us, including any account or login information.

10. GOVERNING LAW

This Website is controlled by U.S. HAIR from our offices located in the State of Delaware, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the United States of America and State of Delaware, USA by accessing our Website, You agree that the statutes and laws of State of Delaware, USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the State of Delaware, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11. ARBITRATION

In the event of any dispute with U.S. HAIR, You agree to first contact us via email at info@ushaircosmetics.com and attempt to resolve the dispute with us informally. In the unlikely event that U.S. HAIR has not been able to resolve a dispute it has with You after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Delaware in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, You and U.S. HAIR agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.

Nothing in this section shall be deemed as preventing U.S. HAIR from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

12. ENTIRE AGREEMENT

Nothing contained in this User Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between You and U.S. HAIR. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

No failure to exercise and no delay on our part in exercising any of our rights, remedies, powers or privileges under this User Agreement and no course of dealing between You and U.S. HAIR shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on our part.