Terms and Conditions
The Dope Ass Hair Extensions website (the “Site”) is operated by Dope A Hair LLC (referred to herein as, “DAH”, “we”, or “us”).
1. THE SITE.
1.1 Description of the Service. DAH’s Site provides information about DAH’s products, allows users to purchase DAH’s products, may allow users to sign up for newsletters, loyalty programs, or interact with or receive information from DAH in other ways.
1.3 Revisions. DAH may revise Site features and functions at any time, including without limitation by removing such features and functions. DAH reserves the right to modify or discontinue all or any portion of the Site with or without notice to you. In no case shall DAH be liable to you for making such changes.
2.1 User. As a condition of your right to use the Site, you represent that you are at least the age of majority in your state or jurisdiction of residence.
2.1 User Submitted Content. User may be afforded the opportunity to submit content to the Site, including but not limited to User reviews, pictures, and other content (“User Submitted Content”). User warrants that it possesses all ownership rights and/or license grants necessary to submit any User Submitted Content.
DAH shall have no liability for any User Submitted Content, whether submitted by you or any other user. User shall indemnify and hold DAH harmless against any action or claim arising from or related to User Submitted Content. User hereby grants to DAH a non-exclusive, royalty-free, worldwide, irrevocable, transferable, sublicensable, perpetual license to use, display, reproduce, make derivatives from, and distribute User Submitted Content as necessary to offer, display, operate, market, sell, and improve the Site at DAH’s sole discretion.
DAH shall have sole and absolute discretion to remove any User Submitted Content it deems inappropriate.
2.3 User Restrictions. You agree that you will not use our Site to transmit or make available any Content that:
• violates any laws, contains any threats, is abusive, harassing, vulgar, indecent, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;
• infringes any intellectual property rights or other rights of any party;
• violates any person’s rights of privacy or publicity;
• you know or have reason to know is false, misleading, or fraudulent;
• you do not have a right to make available under any law or under contractual or fiduciary relationships;
• employs any techniques to disguise the origin of the Content submitted;
• contains any unsolicited or unauthorized advertising or promotional materials;
• incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment;
• contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Site to:
• engage in any conduct which might be harmful to any individual;
• impersonate or misrepresent your affiliation with any person or entity;
• engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
3. THIRD-PARTY SITES AND THIRD-PARTY CONTENT.
3.2. Third-Party Content. Our Site may also include links to, or embedded, content from the Internet that is owned and operated by third-parties, including but not limited to social media content. You acknowledge that we are not responsible for such content and that you may be subject to the terms and conditions of those third-parties. For the avoidance of doubt, DAH shall have no liability for the acts or omissions of any third-party.
4.1 Availability. While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. DAH makes no representations or warranties regarding the availability of any product. In the event of a technical or clerical error in the published availability of any product, DAH reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto.
4.2 Returns. Due to the nature of DAH’s hair extensions and related products, there shall be strictly no refunds for products purchased from DAH.
Exchanges may be allowed on a case-by-case basis, for unused items in their original, unopened packaging. Please contact email@example.com.
5. IP OWNERSHIP.
5.1 Ownership. DAH owns all worldwide right, title and interest in and to the Site, the Content, the trademarks reproduced throughout, all derivatives thereof, and all worldwide intellectual property rights therein. This Agreement does not grant User any intellectual property license or rights. You recognize that the Site, the Content, and their components are protected by copyright and other laws.
6.1 Site Registration. Certain features of our Site (such as making a purchase) may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Site to receive information, participate, in our loyalty programs, subscribe to email lists, or enter a promotion.
7. ADDITIONAL POLICIES.
7.2 Additional Policies. Additional policies and/or terms may apply to your use of the Site and/or its features. Such policies include, but are not limited to, the DAH Shipping Policy. You agree to be subject to these terms and policies, and you continued use of the Site and its features represents your acceptance thereof.
8. DISCLAIMERS AND LIMITATION OF LIABILITY.
8.1 Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, DAH, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “DAH PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITE AND THE PRODUCTS MADE AVAILABLE THEREBY ARE AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE DAH PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE OR THE PRODUCTS MADE AVAILABLE THEREBY. UNDER NO CIRCUMSTANCES, WILL ANY OF THE DAH PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY DAH PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE DAH PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE U.S. DOLLAR ($1 USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9.1 Term. This Agreement (the “Term”) will commence on the date you first access the Site and shall continue in effect until terminated per its terms herein.
9.2 Termination for Breach. Either Party may terminate this Agreement should the other Party fail to cure a material breach of its terms within fifteen (15) days of receiving written notice thereof.
9.3 Termination for Convenience. DAH may terminate this Agreement at its sole discretion by providing notice to you.
9.4 Survival. The following sections shall survive the termination of this Agreement for any reason: 1.3, 2 – 8, 9.4, 10, and 11. Further any provisions that must survive to fulfill their essential purpose shall do so. For the avoidance of doubt, User’s ability to access the Site will be terminated in conjunction with the termination of this Agreement.
10.1 Indemnity. User will defend, indemnify, and hold harmless DAH and the DAH Associates (as defined below) against any “Indemnified Claim,” meaning any claim, suit, losses, damages, or proceeding arising out of or related to User’s alleged or actual use of, misuse of, or failure to use the Site, including without limitation: a.) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information; b.) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the Site through User’s account, including without limitation by User Submitted Content; and c.) claims related to or arising from the actual use of, misuse of, or failure to use any product sold or otherwise made available on the Site by DAH, including but not limited to those related to damage or injury to you, your hair, and/or your scalp due to use thereof. DAH will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The “DAH Associates” are DAH’s employees, officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)
11.1 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.
11.2 Waiver. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
11.3 Notices. DAH may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received 24 hours after they are sent. User may send notices pursuant to this Agreement to firstname.lastname@example.org.
11.4 Severability. In the event any provision of this Agreement or its exhibit(s) is held to be invalid or unenforceable, the remaining provisions thereof shall remain in full force and effect.
11.5 Compliance with Laws. User agrees to comply with all applicable laws and regulations with respect to its activities hereunder, including, but not limited to, any export laws and regulations of the United States. To the extent any export laws, rules or regulations prohibit DAH from complying with any of its obligations hereunder, such failure shall be excused and shall not constitute a breach of this Agreement.
11.6 Relationship Between the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Parties. Neither Party will have the power to bind the other or to incur obligations on the other’s behalf without such other Party’s prior written consent.
11.7 Assignment/Successors. Neither Party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that DAH may assign this Agreement to an Affiliate, to the surviving party in a merger of DAH into another entity, or to an acquirer of all or substantially all of that DAH’s business assets. This Agreement will be binding upon and inure to the benefit of the respective permitted successors and assigns of the Parties.
11.8 Entire Agreement. This Agreement constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement.
11.9 Non-Exclusive Remedies. Unless expressly set forth as an exclusive and/or sole remedy, the exercise by either Party of any remedy under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
11.10 Equitable Relief. Each Party acknowledges that a breach by the other Party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching Party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching Party may institute an action to enjoin the breaching Party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a Party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching Party may be entitled at law or in equity.
11.11 Headings. The headings in this Agreement are for the convenience of reference only and have no legal effect.
11.12 Amendment. DAH may amend this Agreement from time to time by posting an amended version on its Application or Website. User’s continued use of the Service following the effective date of an amendment will confirm User’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party.