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.
Eligibility of Use:
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.
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.
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:
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.
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 firstname.lastname@example.org.
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:
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.
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.
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.
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.