Welcome to the SEVEN haircare website, which is owned and operated by SEVEN HAIRCARE, LLC, a fully owned subsidiary of SEVEN, LLC (collectively, “SEVEN haircare”, “We”, “Us”, or “Our”). Please read these terms and conditions of use (“Terms of Use”) carefully before using the services of this site (the “Site”). THESE TERMS OF USE and other terms and conditions found throughout our Site, as well as customer service, SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE. By accessing this Site, you are acknowledging that you have read, understand and agree, without limitation, to be bound by these Terms of Use.

These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any haircare or other products or services 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 Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in Our sole discretion, by email.

Privacy Policy:
We have developed a Privacy Policy in order for you to understand Our practices with respect to the collection, use, disclosure and protection of your personal information. You can find the Privacy Policy, which is incorporated into this Agreement, by clicking here.

General Terms of Use:
Unless otherwise noted, the products and services on the Site, and any samples thereof We may provide you, and the Site itself are intended for personal, non-commercial use only. You agree not to sell or resell any of the products, services, or samples thereof, which you otherwise receive from us. To view the policies and procedures relating to the orders placed through this Site, click here.

You also agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.

Eligibility of Use:
In using our Site, which includes setting up an account on Our site (an “Account”), you represent and warrant that you (a) are eighteen (18) years of age or above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) Account at any given time for the Site; (d) you will only provide Us with true, accurate, current and complete information if you register for such Account and/or Orders (defined below). If We believe or suspect that your information is not true, accurate, current or complete, We may deny or terminate your access to the Site or Services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

Your Account:
If you choose to set up an Account on Our site, you will be required to provide your name and email address and select a password (collectively, your “Account Information”). You are responsible for maintaining the confidentiality of your account username and password and for restricting access to your computer from unauthorized use. If someone accesses Our Site or Services using your Account Information, We will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which We may otherwise have, We reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. However, in no event will We be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify Us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

User Content:
We welcome user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site 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 this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that We, Our affiliates and Our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to Us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

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 the Site. We and Our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.

When you transmit User Content on the Site, you are entirely responsible for such Content. You agree not to upload Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable, known by you to be false, inaccurate or misleading or infringes on any intellectual rights of any party. You also agree not to upload or transmit any software virus, unsolicited promotional material or any form of spam. You also agree not to intentionally or unintentionally violate any applicable law.

We do not endorse or control the User Content on this Site, and by using this Site you understand you may be exposed to User Content that is offensive or otherwise objectionable to you. Under no circumstances are We to be liable in any way for any User Content made available through the Site. We, however, retain the right to modify, move, 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 necessary. However, We are not responsible for damages of any kind arising from any removal or failure to remove User Content even when We are advised of the possibility of such damages.

Product Availability:
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.

Special Features and Events:
This Site may, from time to time, contain special features or events, such as contests, that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, in addition to these Terms of Use, which you must read and agree to before you may enter.

Intellectual Property Rights:
The Site, and all of its contents, including but not limited to photographs, illustrations, graphics, video material, audio material, software, logos, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Seven, LLC.

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, reproduce, create derivative works from, license, transfer, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of Our proprietary rights.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY:
If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send a written notice by certified mail to our Designated Agent for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Designated Agent for notice for claims of copyright infringement is Ryan K. Fisher, LLC Manager, PO BOX 997, Mercer Island, WA 98040.  Any and all claims must be sent by certified mail to the above address. 

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SEVEN haircare THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE.

Third Party Websites and Links:
You may be able to link to third party Websites on the Internet from the Site, and third party Websites may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content or other materials of any such Linked Sites, and Our inclusion of links to the Linked Sites on the Sites does not imply that We endorse or approve of any materials accessible through the Linked Sites. In no event shall We be liable to you for any loss or damage arising from the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

Mobile Terms of Service:

The SEVEN haircare mobile message service (the “Service”) is operated by SEVEN haircare (“SEVEN haircare”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SEVEN haircare’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SEVEN haircare through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SEVEN haircare. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to (206) 736-7171 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SEVEN haircare mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to (206) 736-7171 or email hello@7haircare.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Limitation of Liability:
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), 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 SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF 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 AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Indemnification:
You agree to defend, indemnify and hold Us 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 Site or breach of these Terms of Use. 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. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Us in asserting any available defenses.

Governing Law:
We control and operate the Site from Our offices in the State of Washington, U.S.A. By using the Site, you acknowledge that it is governed by the laws of the State of Washington. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the state of Washington, excluding its conflict of laws rules, and these Terms of Use shall govern your use of the Site. You expressly agree that exclusive jurisdiction for any claim or dispute with Us shall reside in the courts of the County of King, State of Washington. Further, you consent to the exercise of personal jurisdiction in the courts of the County of King, State of Washington, in connection with any such dispute and including any claim involving Us. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

A printed version of these 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 Site and any User Content. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect 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.

Arbitration:
By using this Site, you agree that SEVEN haircare may require that: (1) all claims, disputes and causes of action arising out or related in any way to these Terms, the Site or any transaction relating thereto (“disputes”) shall be governed by and construed in accordance with the internal laws of the United States of America, State of Washington, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

You hereby consent to arbitration of all disputes before a single arbitrator. The arbitrator will be selected and the arbitration conducted pursuant to the consumer arbitration rules of the American Arbitration Association. No “Class” or similar group arbitration shall be permitted. All arbitration hearings or similar proceedings shall be held in Seattle, Washington, although you may elect telephonic proceedings or waive any hearing.

Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.

You understand that, in return for your agreement to this Section, SEVEN haircare is able to offer you the products and services available through this Site at the terms designated, and that your assent to this Section is an indispensable consideration to such use. You also acknowledge and understand that, with respect to any Dispute:

• You are giving up your right to have a trial by jury;
• You are giving up your right to have a court resolve any such dispute; and
• You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any arbitration or lawsuit involving any such dispute.

Notices:
Unless otherwise specified in these Terms of Use, all notices under these Terms of Use 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 page, or send a letter to SEVEN haircare, PO Box 997, Mercer Island, WA 98040, Attn: Customer Care. You agree that We may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site 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.

These Terms were last updated in June 2016.