TERMS OF USE
AGREEMENT TO USE THE SITE
PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.TRIPLELHAIR.COM (THE "SITE") OR ANY SERVICE OFFERED BY INNOVATIVE PRODUCT HOLDINGS, LLC ("TRIPLE L HAIR, LLC," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY TRIPLE L HAIR, LLC SERVICE.BY VISITING, BROWSING, OR USING THE SITE OR ANY TRIPLE L HAIR, LLC SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.
This Agreement applies to all Site visitors and users of the Site or Triple L Hair, LLC Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Triple L Hair, LLC Service. If you have any questions regarding these Terms and Conditions, please email us at info@TripleLHair.com.
LEGAL AGE TO USE THIS SITE
You are not authorized to access or use the Site or any Triple L Hair, LLC Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Triple L Hair, LLC Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Triple L Hair, LLC subscriber, if applicable) and will be responsible for any and all use of the Site and Triple L Hair, LLC Services by the individual under 18.
YOUR OBLIGATION AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Triple L Hair, LLC, our affiliates, partners or licensors.
PRODUCT AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that we will track the purchases you make through the Site, QR Code and by telephone order. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
SITE CONTENT
Other than content submitted to the Triple L Hair, LLC Online Community by users ("User Content"), we own, exclusively, all rights, title and interest in and to the Site including all content, code, data, materials, the look, feel, design, and organization of the Site and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights and other intellectual property and proprietary rights therein.
Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Triple L Hair's prior written permission. You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
SUBMISSION
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the USER CONTENT above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you were compensated for or granted any consideration by any third party; or (c) you do not have a right to make available under any law or under contractual or fiduciary relationships; (d) is known by you to be false, inaccurate or misleading; (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, a Triple L Hair, LLC representative or Artist, forum leader, guide or host; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iii) intentionally or unintentionally violate any applicable local, state, national or international law; or (iv) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Triple L Hair, LLC harmless for any dispute concerning such re-posting. Triple L Hair, LLC assumes no responsibility for any third party's intellectual property infringement of User Content.
TRADEMARK PROTECTION & COPYRIGHT COMPLAINTS
The trademarks, logos and service marks (collectively the “Trademarks”) are registered and unregistered marks owned by Triple L Hair, LLC and are protected by the laws of the United States and other countries.
All of the content of this website is the property of Triple L Hair, LLC and is protected by the copyright laws of the United States and other countries. Nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under a trademark, copyright or other intellectual property rights.
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please email us at info@TripleLHair.com to find out how to notify us of a claimed infringement.
ERRORS ON SITE
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. TRIPLE L HAIR, LLC therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
THIRD PARTY LINKS
This website may provide links or references on the website to other websites. Triple L Hair, LLC may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. Triple L Hair, LLC provides these links or references as a convenience only. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites. Triple L Hair, LLC is not responsible for the privacy practices or the content of linked or referenced sites. Any reference to a hypertext link obtained from this website, or to a specific product, process, location or service, does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between Triple L Hair, LLC and anything found at any such linked site, including, but not limited to, any organization, product, process, service or other information. Furthermore, your linking to another site is entirely at your own risk. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of Triple L Hair, LLC.
As with the website itself, in no event shall Triple L Hair, LLC, its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the website, even if informed of the possibility of such damages.
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 and Conditions. 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.
LIABILITY LIMIT:
In no event shall Triple L Hair, LLC or Triple L Hair's officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any third party in connection with this agreement or your use of the site or Triple L Hair, LLC services, including lost profits, personal injury, emotional distress, death, and any special, incidental or consequential damages.
The liability of Triple L Hair, LLC and Triple L Hair's officers, directors, employees, and suppliers to you or any third party in any circumstance is limited to the greater of: (1) the total fees, if any, you pay to Triple L Hair, LLC in the 12 months prior to the action giving rise to liability; and (2) usd$100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, thus the above limitations may not apply to you.
LEGAL DISPUTES
Prohibition of Class and Representative Actions and Non-Individualized Relief: You and Triple L Hair, LLC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Triple L Hair, LLC agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other users.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Georgia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Georgia. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Georgia and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Triple L Hair's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy and all other operating rules, policies, procedures, and additional terms that Triple L Hair, LLC may publish from time to time on the Site, constitutes the entire agreement between you and Triple L Hair, LLC concerning your use of the Site and Triple L Hair, LLC Services. Triple L Hair, LLC reserves all rights not granted under this Agreement.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and Triple L Hair, LLC are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
REPRESENTATION AND WARRANTY
Because of the possibility of human and mechanical error as well as other factors, Triple L Hair, LLC is not responsible for any errors in or omissions from the information contained in or accessed through this website. Triple L Hair, LLC shall not be liable for any damages or injury resulting from users’ access to or inability to access this website or from reliance on any information at this website. Triple L Hair, LLC does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Triple L Hair, LLC does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable. Triple L Hair, LLC may make improvements and/or changes to its features, functionality or content at any time.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.
PROMOTION CODE
Promotion codes are non-transferrable and there is no cash value. Furthermore, they cannot be used in conjunction with any other promotion code or offers and must be redeemed by the date published in provided.
SPECIAL EVENTS
The Site may offer certain special events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
RIGHTS TO CHANGE THE TERMS AND CONDITIONS
Triple L Hair, LLC reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of the notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at info@TripleLHair.com.