Updated as of August 20, 2019
YOUR USE OF ANY PORTION OF THE DIGITAL SERVICES CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THE TERMS & CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY FSFC. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE DIGITAL SERVICES.
FANTASTIC SAMS® LOCATIONS OPERATED BY FRANCHISEES
Please note that most Fantastic Sams® salons (“Salons”) are owned and operated by independent business owners (“Franchisees”) using our proprietary system and the Marks (defined below) pursuant to a franchise agreement with us or subfranchisors (each a “Franchise Agreement”).
If you are accessing any of the Digital Services that are particular to a franchised Salon, you understand and agree that: although we may host, develop, maintain or operate the Digital Services on behalf of the Franchisees, the Franchisees are independent contractors operating as separate legal entities under Franchise Agreements with us. If you are accessing the Terms & Conditions from one of these Franchisee’s microsite or linked website, you recognize that we are merely operating as a third party service provider providing advertising services to the Franchisee and are not, by operation, hosting, maintaining or developing the Franchisee’s microsite or linked website, such Franchisee’s partner, joint venturer, principal, employer, employee or agent. Franchisees are not our agents or employees. Franchisees do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of Franchisees. We cannot and do not guarantee that the Franchisees or other independently owned and operated Salons will follow the Terms & Conditions.
The Digital Services and its contents are intended solely for your own individual, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Digital Services are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FSFC or by third parties who have licensed their materials to FSFC and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Digital Services are the exclusive property of FSFC or its licensors and is protected by U.S. and international copyright laws. No material from any portion of the Digital Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. In addition, you agree not to: (a) use or access the Digital Services for any purpose that is unlawful or prohibited by the Terms & Conditions; (b) use or access the Digital Services in a manner that could damage, disable, overburden, or impair any FSFC server or the networks connected to any FSFC server; (c) interfere with any third party’s use and enjoyment of the Digital Services; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any FSFC server through hacking, password mining or any other means. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Digital Services.
The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Digital Services or any of the pages of the Digital Services infringes on our copyrights. Do not use any such tools or products on or in connection with the Digital Services.
The Digital Services may sell products to adults, who can purchase such products with a credit card. If you are a minor under the age of 18, you may use the Digital Services only with involvement of a parent or guardian. FSFC and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.
You may not be able to finalize reservations on the Digital Services for all Salons or services. The Salon’s specific page will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit the Salon in person.
While we make our best effort to provide you with up-to-date data regarding space at Salons (or other services), availability is subject to change at any time. We make no representations or warranties regarding availability of any services at any of the Salons.
MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICES
We reserve the right to modify or discontinue all or any portion of the Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Digital Services, or that operation of the Digital Services will be uninterrupted or error free. You understand that usage of the Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
MODIFICATIONS OF TERMS & CONDITIONS
FSFC reserves the right to change, modify, amend and/or update the Terms & Conditions at any time with or without prior notice to you. Your use of the Digital Services following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing the Terms & Conditions each time you use or access any portion of the Digital Services.
FSFC is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from the Digital Services. These linked sites are not under our control and FSFC explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party sites. FSFC does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. FSFC does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third-party site. In no event shall any reference to any third-party or third-party product or service be construed as an approval or endorsement by FSFC of that third party or of any product or service provided by a third party. Please review any available terms and conditions that may apply if and when you visit any third party sites or use any third party services available through the Digital Services, including payment transactions that may be processed by third parties through the Digital Services.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country. You represent and warrant that any information you post or provide to us by means of the Digital Services, including, without limitation, as part of any enrollment or application form or to gain access to the Digital Services, is truthful, accurate, not misleading and offered in good faith.
TERMINATION OF ACCESS
FSFC shall have the right to terminate your access to, and use of, the Digital Services immediately, if, in its sole discretion, FSFC believes that your conduct fails to conform with the Terms & Conditions, or for any other reason that FSFC deems reasonable, in its sole discretion. FSFC also reserves the right to investigate suspected violations of the Terms & Conditions, including without limitation, any violation arising from any submission, posting or e-mail you make or send to the Digital Services. Upon notification to you that your access to the Digital Services is terminated, any right granted to you under the Terms & Conditions shall cease immediately, and you agree that you will: (a) immediately discontinue use of the Digital Services; and (b) as applicable, pay any amounts owed to FSFC in full within thirty (30) days from the date of such termination.
SOLELY INTENDED FOR UNITED STATES USERS
Unless otherwise explicitly specified on the Digital Services, the information on all of the Digital Services is intended solely for use and access by persons residing in the United States, its territories and possessions. FSFC controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Digital Services are appropriate for use or access in other locations. Anyone using or accessing any of the Digital Services from other locations does so on his or her own initiative and is responsible for compliance with local United States laws, if and to the extent applicable.
Use of certain features on the Digital Services might be limited and/or require registration. Should registration be required for the use of such features, FSFC will review and determine, in our sole discretion, whether to accept your registration. FSFC shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Digital Services at any time, and for any reason. Upon acceptance of your registration by FSFC, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Digital Services. When registering for your Password, you must provide accurate and complete information.
FSFC reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify FSFC immediately about any unauthorized use of your Password or any breach of security. You further agree that FSFC shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than FSFC.
THE DIGITAL SERVICES ARE PROVIDED BY FSFC ON AN “AS IS” AND “AS AVAILABLE” BASIS. FSFC AND ITS AFFILIATES, RELATED ENTITIES, FRANCHISEES, SERVICE PROVIDERS, AND LICENSORS, AND ITS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “FSFC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGITAL SERVICES OR THE INFORMATION INCLUDED ON THE SITES OR THE APP. FSFC PARTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. FSFC PARTIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIGITAL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DIGITAL SERVICES OR THE SERVER THAT MAKES THE DIGITAL SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. FSFC PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE DIGITAL SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DIGITAL SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ANY OF THE FSFC PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OF THE FSFC PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT ANY OF THE FSFC PARTIES, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL THE FSFC PARTIES COLLECTIVELY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THE TERMS & CONDITIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALL OF THE FSFC PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE DIGITAL SERVICES AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS & CONDITIONS.
The Terms & Conditions shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE DIGITAL SERVICES OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN ESSEX COUNTY, MASSACHUSETTS.
COMMENCEMENT OF ACTIONS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you to FSFC through the Digital Services in any way (collectively, the “Submission(s)”) will forever be the property of FSFC and you waive all of your rights therein provided that you will continue to be responsible for the content of any Submission(s) including, without limitation, any indemnification obligations related to such Submission(s). FSFC will not be required to treat any Submission(s) as confidential (unless required by law or if FSFC has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FSFC operations. Without limitation, FSFC will have exclusive ownership of all present and future existing rights to the Submission(s) of every kind and nature everywhere and will be entitled to use the Submission(s) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission(s). FSFC retains the right to review, edit or delete from the Digital Services any Submission(s) which FSFC in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
You agree that you will not use any of the Digital Services to transmit or make available any content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, sexual orientation, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- 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 malicious code; or
- contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of the Terms & Conditions.
You further agree not to use the Digital Services 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 facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity; or
- 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.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of the Digital Services, you consent to FSFC recording any communication, electronic or otherwise, between you and FSFC and retaining any information and data you submit while using the Digital Services.
In using the Digital Services, you may be permitted to communicate electronically with FSFC by sending electronic mail to FSFC; however, you acknowledge and agree that only general information or inquiries may be submitted to FSFC via electronic mail and any other submissions or communications on or through the Digital Services (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Digital Services for such submissions or communications. Please do not send any time-sensitive communications to FSFC via e-mail as FSFC cannot be responsible for responding to any such communications.
FSFC may seek to gather information from you if you are suspected of violating the Terms & Conditions, or for any other reason. FSFC may suspend any person using the Digital Services (“User(s)”) whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FSFC believes, in its sole discretion, that a violation of the Terms & Conditions has occurred, it may edit or modify any Submission(s), posting or e-mails, remove the material permanently, cancel postings, warn Users, suspend Users and Passwords, terminate accounts or take other corrective action it deems appropriate. FSFC will fully cooperate with any law enforcement authorities or court order requesting or directing FSFC to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate the Terms & Conditions. YOU WAIVE AND HOLD HARMLESS FSFC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FSFC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FSFC OR LAW ENFORCEMENT AUTHORITIES.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on one of the Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Site or App, or a description of where on the Site or App you found such material;
- your written statement that you believe, in good faith, that the use of the work on the Site or App has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to: Fantastic Sams Franchise Corporation 500 Cummings Center, Suite 1100, Beverly, MA 01915
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of FSFC to terminate use of the Digital Services by repeat infringers in appropriate circumstances.
If you access the Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from the Digital Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. Neither we nor the Franchisees will be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
TERMS FOR APP USERS
Your download of the App for use on a mobile device constitutes your acknowledgment and acceptance that:
- This agreement is between you and FSFC, and not the app store provider (e.g., Apple, Google) (“App Store Provider”). FSFC is solely responsible for the licensed application and the content thereof.
- FSFC, not the respective App Store Provider, is responsible for addressing any claims relating to the App and a user’s possession or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of a third party’s claim of intellectual property right infringement relating to the App or a user’s possession or use of the App, FSFC, not the respective App Store Provider, is solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
The failure of FSFC to act with respect to a breach of the Terms & Conditions by you or others does not constitute a waiver and shall not limit FSFC rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms & Conditions. FSFC may assign its rights and duties hereunder to any party at any time without any notice to you. The Terms & Conditions may not be assigned by you without prior written consent of FSFC. If any provision of the Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. The Terms & Conditions may not be modified except in writing, signed by both parties.
If you have any questions about the Terms & Conditions, please contact: [email protected]