{"id":67,"date":"2024-08-08T20:25:08","date_gmt":"2024-08-08T20:25:08","guid":{"rendered":"https:\/\/www.haircuttery.com\/?page_id=67"},"modified":"2024-11-22T16:42:51","modified_gmt":"2024-11-22T21:42:51","slug":"myhcstyle-terms-of-use","status":"publish","type":"page","link":"https:\/\/www.haircuttery.com\/home\/myhcstyle-terms-of-use\/","title":{"rendered":"#MYHCSTYLE Terms of Use"},"content":{"rendered":"\n<p><strong>Last Updated: November 18, 2024<\/strong><\/p>\n\n\n\n<p>We love to feature photos of our clients and our stylists\u2019 creations. The #MyHCStyle Program gives our clients and stylists the opportunity to have their photos, videos, and other <a href=\"file:\/\/\/C:\/NRPortbl\/Active\/EWALSH\/x\">User Content<\/a> (which is defined in the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service for the HCFB Digital Platforms<\/a>) featured on our websites, blogs, on social media, and in our digital and print advertising, so long as everyone abides by the #MyHCStyle Terms of Use (\u201c<strong>#MyHCStyle Terms<\/strong>\u201d). If you\u2019re reading this, we\u2019ve probably requested your permission to feature your User Content in this way, so please read these #MyHCStyle Terms carefully.<\/p>\n\n\n\n<p>If you choose to allow us to use your <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use-legal\/#_How_you_can\">User Content<\/a>, image, likeness, or other material in the #MyHCStyle Program, you agree to be bound by the #MyHCStyle Terms, as well as our <a href=\"https:\/\/www.haircuttery.com\/home\/privacy-policy-legal\/\">Privacy Policy &amp; Notice<\/a>, the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service<\/a> for the HCFB Digital Platforms, and any other applicable terms, which are hereby incorporated by reference and can be viewed via links on the Hair Cuttery\u00ae homepage. We sometimes refer to these, collectively, as our \u201c<strong>Agreement<\/strong>\u201d with you. The #MyHCStyle Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service for the HCFB Digital Platforms<\/a> and the #MyHCStyle Terms, the #MyHCStyle Terms apply.<\/p>\n\n\n\n<p>We reserve the right to change the #MyHCStyle Terms by posting an updated version on our <a href=\"https:\/\/www.haircuttery.com\/lookbook\/terms-of-use\">website<\/a>, so you should review the latest version each time you give us permission to feature your User Content, image, or likeness, or otherwise participate in the #MyHCStyle Program. If you don\u2019t agree with the #MyHCStyle Terms, or any other part of the Agreement, please don\u2019t participate in the #MyHCStyle Program. In case you\u2019ve already joined, you can always opt out by following the instructions, below.<\/p>\n\n\n\n<p><strong>IMPORTANT NOTICE:<\/strong> The #MyHCStyle Terms, and the rest of our Agreement, are a <strong>legally binding contract<\/strong> between you and us. Please read the #MyHCStyle Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>You agree to follow our <\/strong><a href=\"#_Dispute_resolution\"><strong>Information Dispute Resolution<\/strong><\/a><strong> process, described <\/strong><a href=\"#_Dispute_resolution\"><strong>below<\/strong><\/a><strong> before you bring a claim in court or initiate an arbitration<\/strong>. And, we agree to do the same, provided we have a valid email address for you.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>You agree that any Disputes (defined <a href=\"#_Dispute_resolution\">below<\/a>) between us will be subject to a <strong>MANDATORY INDIVIDUAL ARBITRATION AGREEMENT<\/strong>. <strong>This means that any disputes will not be decided by a judge or a jury but, instead, will be decided in a private arbitration<\/strong>.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>You agree that you will not sue us in a class action, either as a named plaintiff or a class member<\/strong>. This is called a \u201c<strong>CLASS ACTION WAIVER<\/strong>.\u201d<\/li>\n<\/ul>\n\n\n\n<p>If you have questions, feel free to reach out by using the <a href=\"https:\/\/www.haircuttery.com\/about-us\/contact-us.html\">Contact Us<\/a> methods available on our websites and mobile apps or by calling our Guest and People Care Center at 877-319-3919.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong><a href=\"#_Who_we_are\">Who we are<\/a><\/strong><\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong><a href=\"#_About_the_#MyHCStyleProgram\">About the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Eligibility\">Who can participate in the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_How_to_Participate_1\">How to participate in the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Rules_for_clients\">Rules for clients who want to be featured in the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Rules_for_Stylists\">Rules for stylists who want to participate in the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Rules_for_parents\">Rules for parents who want to feature their kids in the #MyHCStyle Program<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_You_promise_that\">You promise that the content you submit is your own<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_We_can_use\">We can use the content you submit, but we don\u2019t have to<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_How_we_choose_1\">How we choose content<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_You_can_ask\">You can ask us to stop using your content<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Privacy\">Privacy<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Third_parties\">Third-parties<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Limitation_of_liability\">Limitation of liability<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Indemnity\">Indemnity<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Dispute_resolution\">Dispute resolution<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Consent_to_mandatory\">Consent to mandatory arbitration and class action waiver<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Miscellaneous\">Miscellaneous<\/a><\/strong><\/li>\n\n\n\n<li><strong><a href=\"#_Your_comments_and\">Your comments and questions<\/a><\/strong><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a><\/a><a id=\"_Who_we_are\"><\/a><strong>Who we are<\/strong><\/h2>\n\n\n\n<p>We are HC Salon Holdings, Inc. d\/b\/a Hair Cuttery Family of Brands, its direct and indirect subsidiaries, and its affiliates (\u201c<strong>HCFB<\/strong>\u201d). We manage a family of brands that includes Hair Cuttery\u00ae, Bubbles\u00ae Salons, and cibu\u00ae (\u201c<strong>Our Brands<\/strong>\u201d).<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_About_the_#MyHCStyleProgram\"><\/a><strong>About the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>We started the #MyHCStyle Program to showcase our stylists\u2019 talents, and clients\u2019 new looks, including on our websites, blogs, on social media, in our digital and print advertising, and for other lawful purposes. We also maintain a database of \u201cstyle\u201d photographs (the <a>\u201c<\/a><a href=\"https:\/\/www.haircuttery.com\/lookbook\/index.html\">HC LookBook<\/a>\u201d) to inspire looks for all hair types from our Hair Cuttery\u00ae community.&nbsp;<\/p>\n\n\n\n<p>When you agree to the #MyHCStyle Program, you grant us a license (described below) with regard to the User Content you submit, and agree that we can use that User Content <a>(which in some case includes photos, videos and other information identifying you)<\/a>, your name, screen name, and other potentially personally identifying information, for commercial purposes, such as in our print and digital marketing materials, social media and in our stores. You also promise that any content you provide meets the eligibility requirements of the #MyHCStyle Program, which are described in more detail, below. By responding #YestoHC, you are providing this agreement in writing.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Eligibility\"><\/a><a><\/a><strong>Who can participate in the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>Our adult clients and stylists may participate in the #MyHCStyle Program by posting on social media and replying #YestoHC in response one of our requests, which are described in more detail, below. The #MyHCStyle Program is intended for stylists and clients of HCFB who are adults and can form legally binding agreements. You must be a permanent legal resident of the U.S. and be at least the age of majority in your state of residence to participate in the #MyHCStyle Program.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_How_to_Participate_1\"><\/a><strong>How to participate in the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>The first step for anyone who wants to participate in the #MyHCStyle program is to make sure that the photo, image, video, or other content you wish to submit is eligible. Eligible content must meet all of the criteria set forth in these #MyHCStyle Terms, be your User Content (as defined in the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service<\/a> for the HCFB Digital Platforms), and comply with our <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">content guidelines<\/a>. Additional rules may vary, depending on whether you submit a photo of yourself (or your minor child), or whether you\u2019re a stylist who wants us to feature the styles you create for clients. Keep reading for more information.<\/p>\n\n\n\n<p>After verifying eligibility, clients and stylists may participate in the #MyHCStyle Program by posting their User Content to social media with the hashtag #MyHCStyle (or by tagging @HairCuttery, @cibu, @Bubbles, or @HairCutteryFamilyofBrands) and replying #YestoHC in response to a request from a verified Hair Cuttery\u00ae or other HCFB account. Although the requests will vary, examples include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cWe\u2019re drooling with hair-envy. Could we share this photo on our websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cThis is crazy impressive! Would you allow us to share this photo on our websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cWow! Stunningly beautiful hair! Could we share this on our websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cYour work is gorgeous! Would it be okay if we shared it on our websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cOMG this is beyond gorgeous! Would it be okay if we share it on websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u201cLove this photo! Would it be ok if we shared it on our websites, social media, and other advertising? The <a href=\"#_#MyHCStyle_Terms_&amp;\">#MyHCStyle Terms<\/a> apply, so make sure to read <a href=\"#_#MyHCStyle_Terms_&amp;\">them<\/a>! If you agree, reply #YestoHC.\u201d<\/li>\n<\/ul>\n\n\n\n<p>By engaging with HCFB and responding with #YestoHC, you promise to be bound by the #MyHCStyle Terms and the rest of our Agreement and that the image is of an adult (subject to the exceptions included in these #MyHCStyle Terms). If you don\u2019t agree, please do not use the Hair Cuttery\u00ae created hashtags #MyHCStyle, #YestoHC, or otherwise participate in the #MyHCStyle Program.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Rules_for_clients\"><\/a><strong>Rules for clients who want to be featured in the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>Clients who want to the chance be featured in the #MyHCStyle Program must grant permission for HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of their hair, face, image, likeness, name, screen name, and other potentially personally identifiable information that you provide, including on our <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Digital Platforms<\/a>, on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness. You must further understand and agree that when you reply #YestoHC you are providing HCFB the above consents, in writing.<\/p>\n\n\n\n<p>By posting a photo of yourself (or your minor child over the age of 16), and responding #YestoHC, you give us the permissions described in this section, in writing, promise to be bound by the #MyHCStyle Terms, and warrant tha<a><\/a>t you are at least the age of majority in your state of residence. If you don\u2019t agree, please do not use the Hair Cuttery\u00ae created hashtags #MyHCStyle, #YestoHC, or otherwise participate in the #MyHCStyle Program.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Rules_for_Stylists\"><\/a><strong>Rules for stylists who want to participate in the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>Stylists who want to feature their creations in the #MyHCStyle Program may submit User Content with their clients\u2019 styles, so long as that individual cannot be reasonably identified. Images, photos, videos showing an individual\u2019s back and hair are permitted; but, nothing else should be visible. Photos, videos, and images submitted in connection with the #MyHCStyle Program may not reveal any part of the individual\u2019s face or profile, including but not limited to eye(s), nose, or chin, and may not include any unique physical features, or text, that would be reasonably sufficient to identify an individual.<\/p>\n\n\n\n<p>Stylists may also submit photos of themselves for the chance to be featured in the #MyHCStyle Program, subject to the rules and conditions set forth in these #MyHCStyle Terms. If you\u2019re a stylist who submits a picture of yourself (or your minor child), by responding #YestoHC or a similar message, you provide written permission to HCFB, its affiliates, subsidiaries, agents, and partners, to share photos of your hair, face, likeness, name, screen name (or that of your child), and other potentially personally identifiable information that you provide, including on our <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Digital Platforms<\/a>, on social media, and in printed form, for advertising, commercial, and other lawful purposes, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of that image, likeness, or information.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a><\/a><a><\/a><a id=\"_Rules_for_parents\"><\/a><strong>Rules for parents who want to feature their kids in the #MyHCStyle Program<\/strong><\/h2>\n\n\n\n<p>Photos of children under the age of 16 should never be part of the #MyHCStyle Program.&nbsp; We don\u2019t knowingly send messages requesting permission to use a picture in the #MyHCStyle Program if we think the person in the photo is a child under the age of 16. Do not reply #YestoHC if you receive a request for a photo of a child under the age of 16.<\/p>\n\n\n\n<p>If you are the parent or legal guardian of a minor over the age of 16, and want the chance for your child\u2019s photo to be featured in the #MyHCStyle Program, you may tag an eligible photo, as described above. Don\u2019t use the Hair Cuttery\u00ae created hashtags #MyHCStyle or #YestoHC in connection with the picture of a minor who is not your child or legal guardian, even if that child is over the age of 16. If you receive a #MyHCStyle message regarding a photo of a child under the age of majority, you should not respond #YestoHC unless you are the parent or guardian of that child. If you respond #YestoHC with respect to a photograph of your child, you are promising that you are that child\u2019s parent or legal guardian and that they are over the age of 16. By responding #YestoHC, you also provide HCFB with written consent to use that child\u2019s image and likeness for commercial purposes, including print and digital advertising and on social media, waive the right to review or receive any compensation from the use of the material, and release HCFB, and its employees, agents, and officers, from liability regarding use of their image and likeness.<\/p>\n\n\n\n<p>Please notify us immediately if you believe that we have used a photo of a child under the age of 16 in the #MyHCStyle Program by emailing us at <a href=\"mailto:guestcare@haircuttery.com\">guestcare@haircuttery.com<\/a> or by calling 877-319-3919.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_You_promise_that\"><\/a><strong>You promise that the content you submit is your own<\/strong><\/h2>\n\n\n\n<p>You hereby represent and warrant to us that you have all necessary rights (including copyrights, trademarks, rights of publicly, etc.) to grant us the license and rights you grant to us, including with respect to your User Content, image, likeness, and other information submitted in connection with the #MyHCStyle Program, whether by virtue of our Agreement or any additional rights granted through these #MyHCStyle Terms. If you believe any #MyHCStyle user or User Content has infringed any third party\u2019s rights (including copyrights, trademarks or rights of publicity), please provide us with written notice in accordance with the DMCA notice procedure set forth in <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service<\/a> for the HCFB Digital Platforms.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_We_can_use\"><\/a><strong>We can use the content you submit, but we don\u2019t have to<\/strong><\/h2>\n\n\n\n<p>The #MyHCStyle Terms do not grant us ownership of the User Content, personal information, or any image or likeness of you that you agree to include in the #MyHCStyle Program. However, you hereby grant to us an irrevocable, nonexclusive, perpetual, royalty-free, worldwide, transferable and sublicensable license and right to use your #MyHCStyle User Content, including any identifiable information, image, or likeness of you that you\u2019ve agreed to include in the #MyHCStyle Program, on any of our websites, blogs, social media pages, the HC LookBook, and in our paid and unpaid digital or print advertisements. You further agree that we have the right, without limitation, to edit, stylize, crop, digitize or otherwise alter your #MyHCStyle User Content, including any image or likeness of you that you\u2019ve agreed to include in the #MyHCStyle Program, and use the same in accordance with the rights you grant under the #MyHCStyle Terms, and that you will not be given the opportunity to review or approve such alterations.<\/p>\n\n\n\n<p>You agree that you have received adequate consideration, including through the publicity of your #MyHCStyle User Content, including any image or likeness of you that you\u2019ve agreed to include in the #MyHCStyle Program, in exchange for your agreement to these #MyHCStyle Terms. You also agree that we aren\u2019t obligated to provide you with any attribution or credit when we use your #MyHCStyle User Content or any image or likeness of you that you\u2019ve agreed to include in the #MyHCStyle Program, and will not be held liable for any failure to provide you with credit or for any errors in the same. You agree that nothing in these #MyHCStyle Terms obligates us to make any use of your #MyHCStyle User Content, or your image or likeness. We simply have the right to use it if we choose to do so.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_How_we_choose_1\"><\/a><strong>How we choose content<\/strong><\/h2>\n\n\n\n<p>We choose photos, videos, and other User Content for the #MyHCStyle Program from social media platforms, such as Instagram and Twitter, and other social networks. In order to do this, we engage a limited number of service providers to help identify and collect User Content that mentions #MyHCStyle, @HairCuttery, @cibu, @Bubbles, or @HairCutteryFamilyofBrands, audit that User Content for quality, and filter out material that violates certain of our content guidelines (which are describe in the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service<\/a> for the HCFB Digital Platforms). Our team then messages posters of the available User Content, as described above, asking to use their User Content, image or likeness (as applicable). Not all content submitted to the #MyHCStyle Program is chosen or featured. If the poster accepts and responds back with the hashtag #YestoHC, then we maintain the user content to use as part of the #MyHCStyle Program. If the poster doesn\u2019t respond in 7 days, then the request is deemed denied. We may request again but will stop after two tries if we do not receive #YestoHC in response.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_You_can_ask\"><\/a><strong>You can ask us to stop using your User Content or likeness<\/strong><\/h2>\n\n\n\n<p>You can request that photos and other User Content be removed by emailing us at: <a href=\"mailto:guestcare@haircuttery.com\">guestcare@haircuttery.com<\/a>. You must provide your name and social media handle associated with the photo and the specific posting or image that you would like removed. We will try to respond as quickly as possible.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Privacy\"><\/a><strong>Privacy<\/strong><\/h2>\n\n\n\n<p>The personal information collected, processed and used as part of the #MyHCStyle Program will be used in accordance with our <a href=\"https:\/\/www.haircuttery.com\/home\/privacy-policy.html\">Privacy Notice<\/a>, and the #MyHCStyle Terms do not limit any rights we already have under our Privacy Notice. In the event of a conflict between these #MyHCStyle Terms and our Privacy Notice, the #MyHCStyle Terms control. By participating in the #MyHCStyle Program, you agree to this. If you have any questions regarding privacy, please read our <a>Privacy Policy<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Third_parties\"><\/a><strong>Third-parties<\/strong><\/h2>\n\n\n\n<p>You acknowledge that when you submit content to Instagram, X, or any other third-party website or service, your use of that website or social media service is governed by the terms and conditions and privacy policies of those sites (\u201c<strong>Third-Party Terms<\/strong>\u201d) which we do not control. You represent and warrant that your #MyHCStyle User Content, as well as any image or likeness of you that you\u2019ve agreed to include in the #MyHCStyle Program, is not in violation of any third-party terms.&nbsp;You should familiarize yourself with those terms. Instagram\u2019s terms are located at:&nbsp;<a href=\"https:\/\/instagram.com\/about\/legal\/terms\/\" class=\"broken_link\">instagram.com\/about\/legal\/terms<\/a> and&nbsp;<a href=\"https:\/\/instagram.com\/about\/legal\/privacy\/\" class=\"broken_link\">instagram.com\/about\/legal\/privacy<\/a>. X\u2019s terms and privacy policy are located at:&nbsp;<a href=\"https:\/\/x.com\/en\/tos\">https:\/\/x.com\/en\/tos<\/a>&nbsp;and <a href=\"https:\/\/x.com\/en\/privacy\">https:\/\/x.com\/en\/privacy<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Limitation_of_liability\"><\/a><strong>Limitation of liability<\/strong><\/h2>\n\n\n\n<p>We don\u2019t limit or exclude our liability where that would be illegal. For example, some jurisdictions don\u2019t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won\u2019t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.&nbsp;<\/p>\n\n\n\n<p>IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, We (and any of our PARENTS, SUBSIDIARIES AND affiliated companies, employees, agents, OFFICERS, shareholders, and directors) are not liable to you or any third person for:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>any special, incidental, indirect, punitive, EXEMPLARY, or consequential damages; AND,<\/li>\n\n\n\n<li>ANY loss of use, profit, BUSINESS, revenue, or data.<\/li>\n<\/ul>\n\n\n\n<p>THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from theSE TERMS, ANY OTHER PART OF THE AGREEMENT, OR THE #MyHCSTyle PROGRAM; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose.<\/p>\n\n\n\n<p>EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND\/OR TO ANY THIRD PARTY TO $100 US.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Indemnity\"><\/a><strong>Indemnity<\/strong><\/h2>\n\n\n\n<p>If HCFB is sued or receives a claim, notice, inquiry, or demand because of something that you did (or failed to do), you agree to defend and indemnify us.&nbsp; That means that, without any limitation, you\u2019ll defend, reimburse, compensate, and hold HCFB (and any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys\u2019 fees and costs), that arises from your actions, the #MyHCStyle Program, your breach of the Agreement, and\/or your actual or alleged violation of any law or any third party\u2019s rights. We reserve the right to handle our defense however we see fit, including but not limited to our choice of counsel, even if you are indemnifying us, and you agree to cooperate with us in full.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Dispute_resolution\"><\/a><strong>Dispute resolution<\/strong><\/h2>\n\n\n\n<p><strong><em>We want to try to sort out any disagreements through Information Dispute Resolution.<\/em><\/strong> If a dispute or disagreement arises between you and HCFB, before filing a claim or arbitration, you and HCFB will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized Notice of Dispute to us at <a href=\"mailto:legal@haircuttery.com\">legal@haircuttery.com<\/a> that includes (1) your name, phone number, email address for and (2) a description of the dispute or disagreement and how you\u2019d like it resolved. If HCFB has a dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and HCFB must cooperate to schedule that meeting by phone or videoconference. You and HCFB each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (\u201c<strong>Informal Resolution Period<\/strong>\u201d). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.<\/p>\n\n\n\n<p><strong><em>Judicial Forum for Disputes<\/em><\/strong>. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you and HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.<\/p>\n\n\n\n<p><strong><em>Controlling Law<\/em><\/strong>. Any claim, Dispute, or other matter arising under or in connection with #MyHCStyle Program or the Agreement (<a>which includes the #MyHCStyle Terms, the <\/a><a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service for the HCFB Digital Platforms<\/a>, our <a href=\"https:\/\/www.haircuttery.com\/home\/privacy-policy.html\">Privacy Notice<\/a>, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.&nbsp;&nbsp;<\/p>\n\n\n\n<p>The foregoing provisions, under \u201cDispute Resolution,\u201d will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a id=\"_Consent_to_mandatory\"><\/a><strong>Consent to mandatory individual arbitration and class action waiver<\/strong><\/h2>\n\n\n\n<p>Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won\u2019t file a lawsuit, have your Dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and\/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to this mandatory individual arbitration provision, you waive those rights; and, instead of being decided by a judge or jury in court, your Dispute will be submitted to a neutral third person (an \u201carbitrator\u201d) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your Disputes in a court, either before a judge or jury.<\/p>\n\n\n\n<p>Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all Disputes between you and HCFB shall be resolved by binding, individual arbitration.&nbsp; <strong>Except as otherwise provided, entering into the #MyHCStyle Terms constitutes a waiver of your right to litigate claims against HCFB in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.<\/strong>&nbsp;<\/p>\n\n\n\n<p><strong><em>We both agree to arbitrate our claims<\/em><\/strong>. You and HCFB agree to resolve any claims relating to or arising from the #MyHCStyle Program, this and prior versions of the #MyHCStyle Terms, and every other part of our Agreement (\u201c<strong>Disputes<\/strong>\u201d) through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, Disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the Dispute can be arbitrated.<\/p>\n\n\n\n<p><strong><em>NO CLASS ACTIONS<\/em><\/strong>. You and HCFB agree that each of us may bring Disputes against the other <strong>only on an individual basis<\/strong>. We each may only seek or obtain individualized relief and, except as provided in the section below regarding \u201c<strong>Batch Arbitration<\/strong>,\u201d Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. <strong>This means that you, and HCFB, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims)<\/strong>. If there is a final decision (after exhaustion of all appeals) that any part of this \u201cNO CLASS ACTIONS\u201d section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.<\/p>\n\n\n\n<p><strong><em>Arbitration Procedures<\/em><\/strong>. To initiate arbitration, either you or HCFB must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (\u201c<strong>AAA<\/strong>\u201d). You must serve HCFB with any arbitration demand by mail to:<\/p>\n\n\n\n<p><strong>HC Salon Holdings, Inc. d\/b\/a Hair Cuttery Family of Brands<\/strong><\/p>\n\n\n\n<p><strong>c\/o Legal Department<\/strong><\/p>\n\n\n\n<p><strong>1640 Boro Place, 4<sup>th<\/sup> Floor<\/strong><\/p>\n\n\n\n<p><strong>McLean, Virginia 22102<\/strong><\/p>\n\n\n\n<p>If HCFB has a Dispute with you, we will send an arbitration demand to the email we have on file for you.<\/p>\n\n\n\n<p>The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as \u201cdocuments-only\u201d, even if the \u201cBatch Arbitration\u201d section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Fairfax County, Virginia.<\/p>\n\n\n\n<p>The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its <a href=\"https:\/\/adr.org\/sites\/default\/files\/Consumer%20Rules.pdf\">Consumer Arbitration Rules<\/a>, as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA\u2019s <a href=\"https:\/\/adr.org\/sites\/default\/files\/Commercial%20Rules.pdf\">Commercial Arbitration Rules<\/a> will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment\/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.<\/p>\n\n\n\n<p>All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled \u201cDispute resolution\u201d and \u201cConsent to mandatory individual arbitration and class action waiver\u201d, including any party\u2019s compliance with the Informal Dispute Resolution process.<\/p>\n\n\n\n<p><strong><em>Arbitration fees<\/em><\/strong>. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (\u201c<strong>Arbitration Fees<\/strong>\u201d).<\/p>\n\n\n\n<p><strong><em>Arbitration award<\/em><\/strong>. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant\u2019s individual claims, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.&nbsp; The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and HCFB, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.<\/p>\n\n\n\n<p><a><strong><em>Batch arbitration<\/em><\/strong><\/a><strong>.<\/strong>&nbsp;If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (\u201c<strong>Batch<\/strong>\u201d). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA <a href=\"https:\/\/www.adr.org\/sites\/default\/files\/Mass_Arbitration_Supplementary_Rules.pdf\">Mass Arbitration Supplementary Rules<\/a> shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this \u201cBatch Arbitration\u201d section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.<\/p>\n\n\n\n<p><strong><em>Exceptions to the agreement to arbitrate<\/em><\/strong>. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of the #MyHCStyle Program or infringement on intellectual property rights.<\/p>\n\n\n\n<p><strong><em>You may opt out of this mandatory individual arbitration provision and class action waiver.<\/em><\/strong> If you are new to the #MyHCStyle Program, and do not consent to this mandatory individual arbitration provision, you can opt out within 30 days after the date on which you first participate in the #BubblesBesties Program and accept these Terms. To opt out, you must timely send a written notification to <a href=\"mailto:legal@haircuttery.com\">legal@haircuttery.com<\/a> or timely mail your written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.&nbsp;<\/p>\n\n\n\n<p><strong>HC Salon Holdings, Inc. d\/b\/a Hair Cuttery Family of Brands<\/strong><\/p>\n\n\n\n<p><strong>c\/o Legal Department<\/strong><\/p>\n\n\n\n<p><strong>1640 Boro Place, 4<sup>th<\/sup> Floor<\/strong><\/p>\n\n\n\n<p><strong>McLean, Virginia 22102<\/strong><\/p>\n\n\n\n<p>Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory, individual arbitration agreement. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.<\/p>\n\n\n\n<p><a><strong><em>Continuation. <\/em><\/strong><\/a>This provision shall survive the termination of the #MyHCStyle Terms, the #MyHCStyle Program, and your relationship with HCFB, our parents, subsidiaries, and affiliates.<\/p>\n\n\n\n<p><strong><em>Severability.<\/em><\/strong><em> <\/em>If any part of the \u201cDispute resolution\u201d or \u201cConsent to mandatory individual arbitration and class action waiver\u201d sections is found to be unenforceable, it will be severed, and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of the #MyHCStyle Terms and the #MyHCStyle Program.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a><\/a><a id=\"_Miscellaneous\"><\/a><strong>Miscellaneous<\/strong><\/h2>\n\n\n\n<p><strong><em>Entire Agreement<\/em><\/strong><em>. <\/em>The Agreement (which includes these #MyHCStyle Terms, <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service for the HCFB Digital Platforms<\/a>, our <a href=\"https:\/\/www.haircuttery.com\/home\/privacy-policy.html\">Privacy Notice<\/a>, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).<\/p>\n\n\n\n<p><strong><em>Severability. <\/em><\/strong>If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these #MyHCStyle Terms, the <a href=\"https:\/\/www.haircuttery.com\/home\/terms-of-use.html\">Terms of Service for the HCFB Digital Platforms<\/a>, our <a href=\"https:\/\/www.haircuttery.com\/home\/privacy-policy.html\">Privacy Notice<\/a>, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.<\/p>\n\n\n\n<p><strong><em>Waiver. <\/em><\/strong>If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.<\/p>\n\n\n\n<h2 class=\"wp-block-heading h4\"><a><\/a><a id=\"_Your_comments_and\"><\/a><strong>Your comments and questions<\/strong><\/h2>\n\n\n\n<p>Please call our Guest and People Care Center at 877-319-3919 or contact us using the <a href=\"https:\/\/www.haircuttery.com\/about-us\/contact-us.html\">Contact Us<\/a> methods available on our Digital Platforms if you have any questions, requests or comments.<\/p>\n\n\n\n<p>\u00a9 2024 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.&nbsp;signs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last Updated: November 18, 2024 We love to feature photos of our clients and our stylists\u2019 creations. 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