Welcome to the Greyhairwigs Website!
BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
- ABOUT THE TERMS
- IMPORTANT INFORMATION ABOUT THE WEBSITE
- USER ACCOUNTS
- PAYMENT TERMS
- USER CONDUCT GUIDELINES
- INTELLECTUAL PROPERTY OWNERSHIP
- NO ENDORSEMENT
- WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
- GOVERNING LAW & DISPUTE RESOLUTION
1. ABOUT THE TERMS
1.1 KEY TERMS
- “Content” refers to any and all videos, text, photos, information and other content included, provided or made available on or through the Website, including all User Content except Your Content.
- “User Content” refers to videos, text, photos, information and other content captured, recorded, streamed, stored, shared or otherwise made available or caused to be made available by Users on or through the Website.
- “Your Content” refers to User Content that is provided or made available or caused to be made available by you.
- “Users” means any and all persons that access or use the Website. References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website and accessing or using the Content.
- “Website” refers to any website owned or operated by Green International. (including the website currently located at Greenhairwigs.com), through which access to the Content is available. References to the “Website” include any and all Content, features, functionality, and tools available on or through each such website.
- “Greyhairwigs,” “we,” or “us” refer to green International. and our officers, directors, employees, contractors and agents.
1.2 WEBSITE RULES AND SUPPLEMENTAL TERMS
- YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1.3 AMENDMENT OF TERMS
Greyhairwigs reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Website.
No other modification, amendment, supplement of or to the Terms will be binding on Greyhairwigs unless it is in writing and signed by an authorized representative of Greyhairwigs.
1.4 CONSEQUENCES OF NON-COMPLIANCE
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Website, and may subject you to civil and criminal penalties.
2. ABOUT THE WEBSITE
2.1 LICENSE TO USE
Subject to your compliance with the Terms, Greyhairwigs grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Greyhairwigs, in the manner permitted by the Terms.
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
- GREYHAIRWIGS DOES NOT AND CANNOT GUARANTEE THAT THE WEBSITE WILL BE CONTINUOUS OR ERROR-FREE.
- IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR WEBSITE IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE WEBSITE.
- YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR CONTENT. ABUSE OF THE WEBSITE OR CONTENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.
2.3 MODIFICATIONS AND UPDATES TO THE WEBSITE
Greyhairwigs reserves the right, in its sole discretion, to modify or discontinue offering the Website, in whole or in part, including any features, functionality, tools or Content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of Your Content at our sole discretion at any time without prior notice to you.
You agree that Greyhairwigs has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or Content, and will not be liable with respect to any such modifications, discontinuance or deletions.
2.4 INTERNATIONAL USERS
The Website is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3.1 ACCOUNT REGISTRATION
While certain Content is publicly available, you must register for a user account before you are able to access all areas of the Website. You may register to create an account directly via the Website.
You may not register for an account on behalf of any person (other than yourself).
No person or entity may have more than one active account at any given time.
3.2 ACCOUNT SET-UP
Your account and account profile page will be created based upon the information you provide to us.
You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that you submit when you register will be shared in accordance with your selections in your account settings when you share Your Content.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Greyhairwigs account or any other account that you may connect to your Greyhairwigs account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Greyhairwigs of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. Greyhairwigs cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.3 ACCOUNT SUSPENSION AND CANCELLATION
You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content.
Greyhairwigs reserves the right to suspend or terminate your account or your access to the Website if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, out dated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “General User Conduct” section below and elsewhere in the Terms.
If your account is deactivated or cancelled, Greyhairwigs will have the right, but not the obligation to delete Your Content.
If Greyhairwigs has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Greyhairwigs’s reasonable satisfaction.
4. PAYMENT TERMS
IF YOU HAVE SIGNED UP FOR ONE OF GREYHAIRWIGS’S SUBSCRIPTION PRODUCTS YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE AT THE RATES IN EFFECT WHEN THE CHARGES ARE INCURRED, INCLUDING ANY APPLICABLE TAXES. ANY CHANGE IN THE SUBSCRIPTION FEE WILL GO INTO EFFECT FOR THE NEXT BILLING PERIOD AFTER WE PROVIDE NOTICE OF THE CHANGE. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION, PLEASE CONTACT US AS SET FORTH IN SECTION 10.13 BELOW.
4.2 PAYMENT/ CREDIT CARDS
We may contact you via email in connection with a problem with your credit card or payment account. If Greyhairwigs is unable to successfully charge your credit card or payment account, we reserve the right to restrict or suspend access to your account, or terminate your account. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.
Unless stated in Greyhairwigs’s Return Policy or as Greyhairwigs otherwise agrees or states in writing, all fees and charges are nonrefundable.
5. USER CONDUCT GUIDELINES
Any time you access or use the Website, you are required to comply with our User conduct guidelines, as set forth below.
You agree that you will access and use the Website and Content for your personal use only.
Public Areas: Your Content may be viewed by other Users and by other persons or entities, including through third party services and websites. Thus, you should only capture, record, upload, stream, share or store videos, images, information and other content that you are comfortable sharing with others.
You agree that you will not access or use the Website to capture, record, upload, stream, share or store any video or images, or otherwise act in any manner, that:
- is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
- violates, breaches or circumvents any local, state, federal or other law, rule or regulation, including any ruling or order of a court or administrative body;
- violates, breaches or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances; or
- is harmful to children.
Without limiting the above, you are not authorized to access or use the Website:
- to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- to collect, store or use any information from or about another User;
- to “stalk” or harass any other User;
- to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any Content that belongs to Greyhairwigs, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- transfer your account to another party without our consent;
- circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website;
- access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Greyhairwigs, unless you have been specifically authorized to do so in a separate agreement with Greyhairwigs;
- use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, Greyhairwigs’s name, any Greyhairwigs trademark, logo or other proprietary information, without Greyhairwigs’s express written consent;
- interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
- access, tamper with or use non-public areas of any of the Website, Greyhairwigs’s computer systems, or the technical delivery systems of Greyhairwigs’s providers;
- probe, scan, or test the vulnerability of any system or network of Greyhairwigs or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Greyhairwigs or any of Greyhairwigs’s providers or any other third party to protect the Website;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
- export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- otherwise abuse the Website or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
5.1 RESPONSIBILITY FOR USER CONTENT
Ultimately, all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed in such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, harmful, inaccurate, misleading, fraudulent or otherwise inappropriate. Under no circumstances will Greyhairwigs be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content.
We may, but are not required to monitor or control the User Content captured, recorded, uploaded, streamed, shared or stored on or through the Website, and we cannot take responsibility for such User Content. Any use or reliance on any User Content is at your own risk.
Greyhairwigs reserves the right to investigate violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law and prosecute to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that Greyhairwigs has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by any User, to access, review, preserve and disclose any User Content, or to remove or disable access to any User Content, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Greyhairwigs, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Greyhairwigs, its Users or members of the public, and (vi) for the purpose of operating and improving the Website (including for customer support purposes).
5.3 USER COOPERATION
You agree to cooperate with and assist Greyhairwigs or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
5.4 OUR COMMITMENT TO ACCESSIBILITY
Greyhairwigs is committed to making our website’s content accessible and user friendly to everyone.
6. INTELLECTUAL PROPERTY OWNERSHIP
6.1 THE WEBSITE
The Website and Content, and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website and Content, and all intellectual property rights therein are the exclusive property of Greyhairwigs and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website or Content.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Greyhairwigs (the “Greyhairwigs Marks“) are the property of Greyhairwigs, and that you are not permitted to use the Greyhairwigs Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or Content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Greyhairwigs or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Greyhairwigs’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Greyhairwigs or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
6.2 YOUR CONTENT
By uploading, sharing or storing Your Content, you hereby grant Greyhairwigs a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media as necessary to provide the Website and Content to you, including, customer support services, and otherwise operate the Website, including for product development and de-bugging purposes.
You agree that this license includes the right for Greyhairwigs to provide, promote, and improve the Website and to make Your Content available to other companies, organizations or individuals who have a business relationship with Greyhairwigs (“partner”) for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such use.
Such additional uses by Greyhairwigs, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your name, city, state and other information in connection with Your Content as described herein or elsewhere on the Website, subject to any applicable data protection laws.
Greyhairwigs does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to Greyhairwigs under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of your Content by other users and our third party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor Greyhairwigs’s use of Your Content (or any portion thereof) on or through the Website will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Your Content for such use, it may subject you to liability. Greyhairwigs will not be responsible or liable for any use of Your Content by Greyhairwigs, any other User, or any third party in accordance with the Terms.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback“). You may submit Feedback by e-mailing us, at email@example.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Greyhairwigs. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Greyhairwigs or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Greyhairwigs all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Greyhairwigs’s rights in such improvements, enhancements and modifications.
7. NO ENDORSEMENTS
Users are required by the Terms to provide accurate information and, although Greyhairwigs may conduct certain limited checks and/or institute certain processes designed to help verify information provided by Users, we do not guarantee the completeness or accuracy of any information provided by any User, including the User’s purported identity, credentials or background.
We recommend that you exercise due diligence when deciding to communicate or interact with another User, and we will not be responsible or liable for any damage or harm resulting from your interactions with other Users.
7.2 LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that Greyhairwigs is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Greyhairwigs of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
8. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
8.1 WARRANTIES BY USERS
You represent and warrant to Greyhairwigs that:
(I) YOU HAVE THE POWER AND AUTHORITY TO ACCEPT AND AGREE TO THE TERMS,
(II) YOU OWN OR CONTROL ALL OF THE RIGHTS NECESSARY TO GRANT THE RIGHTS AND LICENSES GRANTED HEREIN,
(III) YOU WILL NOT VIOLATE ANY FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS OR INFRINGE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, ANY INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY-RELATED RIGHTS, IN CONNECTION WITH YOUR CONTENT OR OTHERWISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE,
(IV) THE EXERCISE BY GREYHAIRWIGS OF THE RIGHTS GRANTED BY YOU HEREUNDER WILL NOT CAUSE GREYHAIRWIGS TO VIOLATE ANY APPLICABLE LAWS, RULES OR REGULATIONS, TO INFRINGE THE RIGHTS OF ANY THIRD PARTY, AND
(V) ALL ACCOUNT INFORMATION PROVIDED BY YOU WILL BE COMPLETE, ACCURATE AND UP-TO-DATE WHEN PROVIDED, AND UPDATED AS NECESSARY TO ENSURE THAT IT REMAINS COMPLETE, ACCURATE AND UP-TO-DATE.
Greyhairwigs products offered through the Website are not intended to treat, cure, prevent, or diagnose any condition, illness, or disease. All Greyhairwigs products must be used in strict compliance with their instructions, precautions, and guidelines. You should check the ingredients of all products and refrain from use of any product containing ingredients to which you may be allergic. Minors should use our products only with the permission of a parent or guardian. The appearance of our products may vary from the pictures on the Website. The images of our products provided on the Website are for illustrative purposes. We make every effort to accurately display our products, but product designs and packaging are changed frequently, so pictures may become quickly outdated and we cannot control differences between the display settings and functionality of various devices.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GREYHAIRWIGS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
8.3 LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE IS AND REMAINS WITH YOU.
- WITHOUT LIMITING THE FOREGOING, GREYHAIRWIGS DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE WEBSITE, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, AND (III) ANY CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE WEBSITE.
- YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE WEBSITE, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE GREYHAIRWIGS AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
- IN NO EVENT WILL GREYHAIRWIGS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GREYHAIRWIGS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, GREYHAIRWIGS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
8.4 BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GREYHAIRWIGS AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Greyhairwigs its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) Your Content, (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
8.7 OBLIGATION TO DEFEND.
You agree that, at Greyhairwigs’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Greyhairwigs may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Greyhairwigs (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
8.8 NO IMPLIED INDEMNITY.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
9. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND GREYHAIRWIGS HAVE AGAINST EACH OTHER ARE RESOLVED.
9.1 GOVERNING LAW
The Terms shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules“), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, New York before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
9.3 JURISDICTION AND VENUE
Subject to the above arbitration provisions, you and Greyhairwigs agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Website (collectively, “Disputes“) in the federal or state courts located in New York, New York and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Greyhairwigs retains the right to submit a Dispute to any court of competent jurisdiction. Greyhairwigs also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
9.4 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GREYHAIRWIGS ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND GREYHAIRWIGS OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
9.5 FUTURE AMENDMENTS TO THIS SECTION
Both of us agree that if we make any amendment to this Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Greyhairwigs. We will notify you of amendments to this section by posting the amended Terms on greenhairwigs.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Greyhairwigs in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
10. HUMAN FACTORS
We have provided detailed instructions regarding the use of Greyhairwigs products, in the form of written and video instructions, directions, tutorials, and other informational materials (including, but not limited to, printed materials and materials available online). Please note that you are responsible for the safe application of all Greyhairwigs products and assume the risk of any failure to follow the instructions provided.
IN NO EVENT SHALL GREYHAIRWIGS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THE PRODUCTS, MATERIALS, AND INFORMATION AVAILABLE FROM GREENHAIRWIGS.COM (AND ANY AUTHORIZED RETAILERS OF GREYHAIRWIGS PRODUCTS), EVEN IF GREYHAIRWIGS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL GREYHAIRWIGS’S MAXIMUM LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE PURCHASE PRICE OF THE SPECIFIC GREYHAIRWIGS PRODUCT WHICH GIVES RISE TO YOUR CLAIM.
11.2 ENTIRE AGREEMENT
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Greyhairwigs may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
11.4 NO AGENCY
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.5 SURVIVAL OF TERMS
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Greyhairwigs (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
11.11 THIRD PARTY BENEFICIARIES
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and similar terms refer to the Terms collectively and as a whole, and not merely to the specific section, paragraph or clause in which the term appears, (ii) “or” connotes any combination of all or any of the items listed, and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
11.13 CONTACT US
If you have any questions or concerns, please contact Greyhairwigs at firstname.lastname@example.org.You can also write to us at:
63 Greene Street
New York City, NY 10012
11.14 CALIFORNIA RESIDENTS
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.