THE LONGHAIRS TERMS OF SERVICE
Welcome to the website of The Longhairs (“TLH”, “we”, “us”). Any person accessing or using the website and any associated webpages or functionalities (collectively, the “Site” or “Services”) is referred to as “you,” or the “User.”
This Site and its data, information, and materials (“Content”) are intended solely for personal and non-commercial use by you. Any use of this Site or its Content other than for personal and noncommercial purposes is strictly prohibited.
2. Use of the Site
To access or use the Site, you must be thirteen (13) years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of thirteen (13) are prohibited from using the Site.
3. Account Creation
In order to access some areas of the Site (i.e. the premium content), you are required to create a personal account by providing information about yourself, including your, name, email address, username and a password. You agree that any registration information you give to TLH will be accurate, correct, and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own. You may not permit anyone else to use your account to access TLH’s Services, including resources provided by third parties that TLH makes available.
Except as necessary for the purposes of participating in the Services, you may not copy, share or distribute Content you obtain from the Services, or from other online resources or third party sites that TLH makes available. It is a violation of these Terms for anyone to access TLH’s computer resources, or any data contained therein, without TLH express authorization. You are responsible for maintaining the security of your account access credentials (including your username, password, and any other names, numbers, or codes used to access resources on or through TLH’s Services), and you are responsible for any unauthorized use of your account. You agree to use reasonable measures to protect the security of your account access credentials, and to prevent unauthorized access to TLH’s Services, any other computer resources, and any data contained therein.
4. Account Termination
TLH reserves the right to refuse service to you or any third party without obligation to assign reason for doing so. TLH reserves the right to limit the number of users participating in its Services, including any given online program or workshop. TLH may terminate, change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or Content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services and related Content.
5. Payment & Order Confirmation
To make a purchase through the Site, TLH requires you to enter your full name, email address, phone number, physical address, and credit card number or PayPal information. You agree to pay all fees, applicable taxes, and shipping costs associated with your order. All payments must be processed in advance of TLH shipping your order. Payments to TLH will be in US Dollars, regardless of where you purchase from.
TLH will email you to confirm the placement of your order and with details concerning your product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
6. Monthly Subscription Service
If you’ve signed up for our Monthly Subscription Service, the subscription renews automatically on the monthly anniversary date you signed up, and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during our introductory period). Prices may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
You may cancel your Monthly Subscription Service at any time through your account by following the instructions provided. All cancellation requests must be received by the first of the month, regardless of when your monthly anniversary date is set. Any cancellation requests received after the first of the month will result in your card being charged for that month, with the cancellation taking effect the following month.
7. Refunds & Returns
If you are not completely satisfied with your product or your product is defective in anyway, TLH will replace or refund your product free of charge if notified within thirty (30) days of the purchase date. You can email TLH at [email protected] with photo evidence of defective pack or explanation of why you are not satisfied with the product. 30 days of purchase is the only criterium we use when considering whether or not to accept your return. There are no cash refunds on any product. You may be responsible for additional shipping charges at our discretion. Beyond the thirty (30) day warranty period, TLH will not process a replacement for your product. Please email TLH at [email protected] and we will attempt to resolve your issue. All refunds & returns take up to 7 business days from initial request to fully process.
8. What We Own
Unless otherwise noted, all material and services available on the Site, and all material and services provided by or through TLH, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Content”) are the intellectual property of TLH, our licensors, and our contributors. The Content is protected by U.S. copyright, trademark, trade-dress, and any other applicable national or international intellectual property laws. All TLH trademarks and service marks, logos, slogans and taglines are the property of TLH. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on TLH without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
9. Our License to You
Subject to this Agreement, TLH hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Content through a user identification reference provided by TLH (“User ID”) to the extent, and only to the extent, necessary to access and use our services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content or otherwise distribute in any way the Content other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Content, create derivative works based on or in any manner commercially exploit the Content, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Content for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
10. Content You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other content uploaded, posted or stored in connection with your use of the TLH’s Services, including photos or videos shared with us via social media (collectively “User Generated Content” or “UGC”). TLH is not responsible for your UGC. You hereby grant TLH a worldwide, royalty-free, non-exclusive license to host and use the UGC in order to provide you with TLH’s services, and hereby represent and warrant that you have all the rights necessary to grant us such license. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify TLH from any claim that arises from your or our posting of UGC to the Site. You are responsible for any UGC that may be lost or unrecoverable through your use of TLH’s services. You are encouraged to archive your UGC regularly and frequently.
11. User Comments
TLH offers public comment functionality. In order to comment on the Site, users must enter their email address and a username (not necessarily your real name, and we would advise only using your first name or a pseudonym to protect your anonymity). TLH’s community rules (below) apply to all comments and/or UGC posted to the Site. TLH may periodically moderate comments. We reserve the right to block commenters, remove or amend comments, and to remove user accounts entirely at our discretion, and/or for reasons including, but not limited to, violation of our Terms of Service.
By posting, distributing, sending or displaying comments or UGC to the Site, you:
a) Hereby grant to TLH a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sub-licensable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the comments and/or UGC for any purpose to the extent permissible by applicable law;
c) Represent and warrant that:
You own and control all of the ownership rights to the UGC that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such UGC on or through this Site;
Such UGC is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
The usage, publication and posting of such comments and/or UGC does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
Further grant TLH the right to pursue before any appropriate forum any person or entity that violates TLH’s or your rights under any applicable law in the UGC.
TLH is under no obligation to offer you any payment for UGC or to attribute authorship of UGC to you, unless such an agreement has been made in writing. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the UGC which you have posted to the Site, you hereby agree that:
a) You won’t require that any personally identifying information be used in connection with the UGC;
b) You won’t oppose the publication, use, modification or deletion of the UGC by TLH; and
c) You waive and will not claim or assert any entitlement to any moral rights in any of the UGC, to the extent permissible under applicable law.
12. Community Rules
a. No nudity, pornography, or depictions of sexual activity
This includes images containing the explicit display of sexual organs especially intended to stimulate erotic feelings, full or partial nudity, any depiction of sexual activity, softcore or hardcore pornography.
This includes links posted in comments.
If you aren’t sure, please don’t post it.
b. No hate speech or abusive content.
Racism, sexism, slurs, personal attacks, death threats, suicide requests or any form of hate speech is not tolerated.
This includes hate speech or abuse in usernames, as well as images and comments.
c. No Advertising, SPAM, or other links to commercial websites
d. No Location Information / Doxing
Do not post your or another individual’s street address or any information that may lead another user to discover your real address. Users should include no information that makes them publicly identifiable.
13. Image and Video
TLH may display images, audio, and video (the “Material”) from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by TLH, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes. Notwithstanding the foregoing, TLH does not represent or warrant that it has written location rights or appearance releases for the videos TLH posts to the Site. Anyone appearing in said videos acknowledged at the time they were recorded that they would appear on the Site, and disclaimed any right to compensation whatsoever.
14. Copyright Notices
In accordance with the Digital Millennium Copyright Act (“DMCA”), TLH will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If TLH publishes Material that you think infringes your copyright, please email us at [email protected] and we will address your concerns.
If the Material falls into one of the categories listed above under Image and Video, we believe that our use is legitimate and we may not remove it from the site. If you have corresponded with TLH directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email to [email protected] with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone number.
For images, provide the following detailing your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document and email it to [email protected]
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on TLH infringes your copyrights.
15. Accuracy of Information
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. TLH does not make any warranty as to the correctness or reliability of the site’s content. Additionally, TLH may, from time to time, feature guest bloggers on the Site. These bloggers are not employees of TLH, and their views do not necessarily represent the views of TLH.
16. Email Correspondence
Our Site will occasionally contain links to, and quotation of, Material from third-party sites. These links and/or quotations should not be taken as an endorsement or discouragement of the third-party sites by TLH. TLH is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave the Site, and to read the privacy statements of any website that may collect personally identifiable information.
18. Information Security
19. Disclaimer and Limitation of Liability
You understand that any tips and/or advice provided through the Site should be applied to their unique circumstances. TLH expressly disclaims all liability for any negative outcomes as a result of following any tips and/or advice found on the site. All Users follow the tips and/or advice solely at User’s own risk.
Information provided on TLH’s product descriptions, pricing, and other information are subject to change. We endeavor to describe and display our Services as accurately as possible. While we try to be as clear as possible in explaining the Services, The Longhairs may, from time to time, have to correct errors in pricing and product descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
TLH makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. You understand and agree that the Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Except as expressly set forth in these terms and conditions, you expressly understand and agree that the site, content, products and/or services on the site are provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law and except as expressly set forth in these terms and conditions, TLH EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TLH does not represent or warrant that the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or the server that makes the site available are free from viruses or anything else harmful. Further, except as expressly set forth in these terms and conditions, TLH makes no warranties or representations about the accuracy, adequacy, usefulness, reliability, or completeness of the site, products, services, content, the content of any third-party site linked to or from this site, comments, information, information provided by our vendors, or any other items or materials on the site or linked to or from the site.
TLH assumes no liability or responsibility for:
Any, errors, mistakes or inaccuracies of the content, products, services, information, site and materials set forth on or made available through the site,
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the site, products, services or any third party site(s), products or services,
Any unauthorized access to or use of the servers that host the site or any third party site(s) and/or any and all personal information stored therein,
Any interruption or cessation of transmission to or from the site or third party site(s),
Any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the site or any third party site(s) by TLH or any third party, and/or
Any errors or omissions in the network or any content, information and materials (including but not limited to third party site(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
No person (including any agent, dealer or representative of TLH) is authorized to make any representation or warranty concerning products and you acknowledge and agree that you have not relied on any other warranties or representations.
In no event shall TLH or its subsidiaries, affiliates, agents, suppliers, vendors, manufacturers or distributors be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, damages for loss of use, data, revenue or profits, business interruption, or loss of business opportunity or goodwill, arising from or in connection with (a) the use of, or inability to use, the site; (b) the provision of or failure to provide services, products, materials, content, or software available from, on or through the site or any third-party website(s); or (c) the conduct of other users of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if TLH has been advised of the possibility of such damages. You assume complete responsibility for your use of the site. Your sole remedy against TLH for dissatisfaction with the site or any content is to stop using the website. That said, IF TLH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, TLH’S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
For any dispute you have with TLH, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally.
PLEASE REVIEW-IMPORTANT-AFFECTS YOUR LEGAL RIGHTS:
EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
DISCOVERY AND ANY RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including interpretation and scope of this Arbitration Clause, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your access, use, or purchase of our Services and/or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605) (www.adr.org), or any other organization that you may choose subject to The The Longhairs’ approval. You may get a copy of the rules of these organizations by contacting the arbitration organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside. The Longhairs will advance your filing, administration service or case management fee and your arbitrator or hearing fee all up to a maximum of $2,500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, then the provisions of this Arbitration Clause shall control. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.).
You and we retain any rights to self-help remedies. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case which class action allegations have been made, the remainder of this Arbitration clause shall be unenforceable.
You and TLH hereby agree to the binding Arbitration Clause as set forth above.
21. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding in addition to any other relief to which it or they may be entitled.
These Terms of Service are effective unless and until terminated by either you or TLH. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Site. TLH may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
23. Governing Law and Jurisdiction
These Terms of Service shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California. TLH’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this these Terms of Service is in derogation of TLH’s right to comply with law enforcement requests or requirements.
24. Entire Agreement
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of TLH to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
26. Changes to our Terms of Service
We may periodically modify, alter or update the Terms of Service. We will alert Users to any material changes to this policy by posting the revised information on our Site. We encourage you to review our Terms of Service on a regular basis to stay informed. Your continued use of the Site constitutes your agreement to these Terms of Service and any updates therein.
27. Notice of Changes and Use of Terms of Service
We may provide notice to you relating to the Site and/or these Terms of Service by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Last Updated: 7/12/17