Please read these Terms carefully before you start to use our Products and Services. By continuing to access or use our Products and Services, you accept and agree to be bound and abide by these Terms.
PRIVACY AND YOUR PERSONAL DATA
Strands cares about data security and your privacy. Please review our Privacy Statement which is incorporated into these Terms and controls our privacy obligations as you interact with us and use our Products and Services. By accessing using our Products and Services, including this website and our applications, you consent to our disclosed uses of your information contained in our Privacy Statement. Strands is operated from our offices in Los Angeles, California in the United States. If you access or use our Products and Services from outside of the United States, different laws or requirements may apply and you agree and consent to have your Personal Data transferred to and processed in the United States.
We offer our Products and Services to users who are 18 years of age or older. We do not collect or maintain Personal Data from individuals we actually know are under 18 years old. If you are under 18, do not supply any Personal Data to Strands and if you wish to purchase a Strands Product or use our Services, please ask your parent or guardian to handle these transactions for you. If you are aware that we have unintentionally collected information from someone who is underage, please notify us immediately by sending an email to firstname.lastname@example.org.
You may have concerns about how we handle your hair samples that you have provided to us for analysis. Strands partners with a non-profit organization that combines hair clippings with other items to make “mats” which are used to clean oceanic oil spills. Once we have finished analyzing hair samples, Strands sends them to this partner but we do not provide them with any other information or data regarding the hair samples or donors. When you submit your hair samples to us for analysis, you agree, consent and authorize Strands to use and dispose of your hair samples in this manner.
PRODUCTS AND SERVICES
Strands provides our scientifically customized hair products using information that we gather from you with your consent. For instance, when you use our Strands hair test kit, our scientists analyze your hair samples to gather biological data (e.g., hair cuticle, texture, protein levels and scalp health information) to create a personalized hair report and make hair care formulations that are customized for your hair. If you are using our hair analysis through The Hair Lab, we rely on the information that you voluntarily provide to us through the use of our applications and scanners. While we make every effort to ensure that you are thrilled with your Strands Hair Care products, if you are dissatisfied, you may contact our Customer Service for further assistance.
As all of our hair care products are custom-formulated, availability of your specific formulation ingredients may be limited and Strands cannot always guarantee that your product will ship within a certain time. We also reserve the right to discontinue any Products or Services we offer for sale, including any ingredients that we use in our formulations or any formulations that have been custom-curated for you. We reserve the right to refuse to sell, limit the sales of, or cancel an order for sale of our Products and Services to any person or geographic region.
If we find that information relating to our Products or Services, such as on our websites, in order forms, or in product materials, contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, we reserve the right to correct, change or update that information or modify or cancel an order.
USING OUR PRODUCTS AND SERVICES
You agree not to use our Products or Services, including our websites or applications, in a way that violates any laws, infringes any individual’s or entity’s rights, is inappropriate or offensive, or interferes with our Products and Services (including any technological measures we employ to enforce these Terms). You understand that additional terms and conditions may apply to our Products and Services and you may be required to accept those in order to use specific Products or Services. If order to access and use our Products and Services, you must agree to these Terms and any applicable terms and conditions for specific Products or Services. You agree that Strands is not liable to you or any third party for any access, use, modification, suspension, or discontinuance of our Products and Services.
The respectful use of Strands Products and Services, including our websites and applications, is important to us. You may not disarm, manipulate, work around, or disable any technological measures we employ to manage and safeguard our Products and Services.
Strands specifically prohibits you from using our Products and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or attempt to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Product and Services, including our websites and applications.
Strands may monitor our Products and Services for violations of these Terms and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; refusing, restricting access to, limiting the availability of, or disabling (to the extent technologically feasible) your user account or any of your User Content; and otherwise manage our Products and Services in a manner designed to protect our rights and to facilitate our business.
By accessing and using our Products and Services, you agree that you and Strands are independent contractors to each other. You further acknowledge and agree that no additional partnership, joint venture, employee, employer or other relationship is intended or entered into by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership with, or as an employee of Strands or any of our affiliates or Partners.
Strands may require you to register for an account and provide certain information about yourself (such as your name, phone number, street address, your birthdate, payment information, and email), in order to make purchases, communicate with us, or use certain features of our Products and Services. Account users may be provided or asked to create a username and/or password and we encourage you to safeguard that information to protect your account from unauthorized access. You agree that you will provide truthful information and maintain the accuracy and completeness of your account information with us. You further agree that you are responsible for all use of your account and password. You agree that we may communicate with you and provide you with notices by email to the address then-current in your user account.
You always have the right to terminate your account with Strands and can do so by accessing your account settings or contacting our Customer Service. If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to limit, restrict or terminate your account, prohibit you from using our Products and Services, remove any content you may have provided, and take any appropriate legal actions to protect Strands, our Partners, or other users.
PARTNERS AND BUSINESS ASSOCIATES
Strands carefully selects the individuals and companies (“Partners”) we work with to provide and promote our exceptional hair care Products and Services. Many of our Partners are carefully selected suppliers, manufacturers and distributors that we use to formulate and ship our Products. We also work with influencers and promoters as part of our Affiliate Internet Marketing Program, which has additional terms and conditions that apply to Partners accepted into that Program. Finally, we work with retail entities to put our exceptional hair care Products and Services into the hands of consumers. In addition to these Terms, we enter into written agreements with our Partners which may contain further or different terms and conditions related to the goods and services they provide to us.
Our Partners agree with, consent to, and license our use of images, likenesses, reviews, and descriptions of their goods and services, including the right to make derivative works and display and distribute those for the purpose of marketing and selling their goods and services in association with Strands. If you are a Partner and you provide Strands with images, designs, pictures, descriptions or other material or information related to your goods and services, you warrant that such materials are original to you, do not infringe any intellectual property or proprietary rights of any third party, and that you have obtained the necessary rights from any third-party owner of the intellectual property, including the right to grant us such licenses. Strands may reject any goods and services from you that it believes may violate third-party intellectual property rights. You agree to indemnify Strands against any third-party claims for intellectual property infringement arising from our authorized use of your goods and services in connection with our Products and Services.
PURCHASES, PAYMENTS, AND GIFT CARDS
When you place an order to purchase our Products or Serves directly with Strands, you enter into an agreement with Strands when we accept your order. Your accepted order will provide a description of the items, price, shipping, insurance, applicable taxes that we collect, and any other listed charges that you are responsible for paying upon checkout. Once Strands has accepted your order and processed it for payment, you may not change or cancel it except as provided in our Refund Policy. Strands reserves the right to modify or cancel orders placed directly with us for any reason, including unauthorized or insufficient payment methods, shipping and delivery estimates, system or typographical errors affecting our items, fraud, or other unforeseen problems.
If you are purchasing our Products or using our Services through one of our Partners, such as through The Hair Lab, then different and additional terms may apply regarding the sale, pricing, availability and return of products. When not purchasing our Products and Services directly from Strands, you should first direct your questions and concerns to the party from whom you purchased.
You agree to provide current, complete, and accurate purchase and account information for all purchases you make with Strands. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Strands may offer gift cards, refund credits, or value certificates (“Gift Cards”), both electronic or physical in our sole discretion, which may be redeemed for our Products or Services. We are under no obligation to offer or continue to offer any particular form of Gift Cards and the value of any Gift Card will expire two (2) years after issuance. Gift Cards are offered and available for use within the United Sates. Gift Cards cannot be redeemed with Strands for cash value, reloaded with additional value, resold, or transferred for value, except where required by law. No discount value, promotions, or other special offers by Strands may be used to purchase a Gift Card. Strands will not replace lost or stolen gift cards.
If the amount of funds available on your Gift Card does not cover the total amount of your order, you are responsible for paying any remaining about due. For questions about using a Strands Gift Card, please contact our Customer Service at email@example.com.
We want to know about your experiences with our exceptional hair care Products and Services! Strands may provide you with opportunities to post text, images, reviews, or other content on our websites about our Products and Services. If you do so, you agree that Strands may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any content that you provide to us (“User Content”). You further agree that Strands may use your User Content “as is” or “as edited” and that we have no obligation to maintain any comments in confidence, to pay you for your content, or respond to any comments or content you may provide. We may continue to use your User Content even if you no longer have an account with us or stop using our Products and Services.
We may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your User Content will not violate any third party intellectual property or proprietary rights and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that might affect the operation of our business or our Products and Services. You may not use false or misleading information, pretend to be someone other than yourself, or otherwise mislead us about User Content you provide. You are solely responsible for any User Content you provide and its accuracy. Strands is not responsible for and assumes no liability for any User Content posted by you or any third party.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, logos, and service marks (“Marks”) displayed within our Products and Services are the registered and unregistered trademarks of Strands or third parties who have authorized their use by us. All of our Products and Services, including the content and materials on our websites and within our applications, are protected by copyright and other intellectual property rights, including but not limited to the images, likenesses, designs, and the like, except where explicitly noted otherwise (collectively "Intellectual Property"). You may not use, copy, edit, reproduce, republish, upload, post, transmit, distribute, create derivates of, or modify the Intellectual Property in any way without prior written approval from us and any third party owner or licensor. You are prohibited from infringing or violating Strands’ Intellectual Property rights and we will enforce our rights to the fullest extent of the law.
Unless otherwise indicated, our Products and Services are our proprietary property and all formulations, testing methodologies, manufacturing and packaging processes, informational materials, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as any Intellectual Property are owned or licensed and controlled by us, and are protected under various other intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions. These materials are provided by Strands “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of our Products and Services may be used by you for a commercial purpose without our express prior written permission.
In your interactions with Strands and your use of our Products and Services, you may not post, modify, distribute, or reproduce in any way, any content that is copyrighted material belonging to others, without obtaining their prior written consent.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our websites or otherwise in our Products and Services infringes your copyright, you may send a notice to us requesting that the material be removed or access to it blocked. For the notice to be effective, it must be in writing and must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material within our websites or otherwise in our Products and Services;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, and your content has been removed or access to your content has been blocked, the DMCA permits you to send us a counter-notice. For the counter-notice to be effective, it must be in writing and must include the following information:
(a) physical or electronic signature of the user or a person authorized to act on behalf of the user;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) the user's name, address, and telephone number; and
(e) a statement that the user consents to the jurisdiction of the courts in the County of Los Angeles, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our websites and Products and Services should be sent to:
Strands Hair Care, Inc.
606 W El Segundo Blvd, Suite C
Los Angeles, CA 90061
Please note that under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or mis-identification may be subject to liability. Please also be advised that Strands may take action against repeat infringers, including the termination of your user account and barring you from using our Products and Services.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Strands provides our Products and Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee. We do not guarantee, represent, or warrant that your access to and use of our Products and Services will be uninterrupted, timely, secure, or error-free. You understand and agree that we may modify, remove, restrict, or cancel our Products and Services for indefinite periods of time, at any time, without notice to you. You expressly agree that your access to and use of, or inability to access and use, our Products and Services is at your sole risk.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, STRANDS DOES NOT MAKE ANY SPECIFIC PROMISES OR WARRANTIES ABOUT OUR PRODUCTS AND SERVICES, INCLUDING OUR WEBSITES AND APPLICATIONS, INCLUDING ANY CONTENT, FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR PRODUCTS AND SERVICES "AS IS" AND “AS AVAILABLE.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; HOWEVER, WE EXCLUDE ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY OF OUR PRODUCTS AND SERVICES, INCLUDING ANY PORTION OF THIS WEBSITE AND OUR APPLICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THESE ITEMS. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR PRODUCTS AND SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE PRODUCTS AND SERVICES, OR (II) ONE HUNDRED DOLLARS (U.S. $100.00).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.
In no event will Strands, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Products and Services, or for any other related claim, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Products and Services or any content posted, transmitted, or otherwise made available, even if advised of such possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Strands, including our affiliates, Partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, the documents they incorporate by reference, or your violation of any law or the rights of a third party.
DISPUTE RESOLUTION; WAIVER; BINDING ARBITRATION
If you have a dispute with Strands, we invite you to reach out to us at Contact Us so that we can try to resolve your concerns. If after 30 days we are unable to amicably resolve any claim or dispute between us arising under these Terms, then you agree to have your claim or dispute resolved through confidential, individual, binding arbitration in the County of Los Angeles, California under the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”) and waive any right to a jury trial.
The parties agree that one (1) arbitrator, selected jointly by the parties, will arbitrate the dispute. If the parties cannot agree on an arbitrator within 20 days of the demand for arbitration, the arbitrator will be selected from the AAA panels and according to the Rules of the AAA. The decision of the arbitrator will be made in writing, is final and binding, and judgment may be entered in any court of competent jurisdiction. The decision may not be vacated, modified or appealed, except to the extent permitted by the terms of sections 10 and 11 of the Federal Arbitration.
To the fullest extent of the law, such arbitration will be limited to a specific individual and may not be inferred to or against matters affecting other individuals’ interactions with Strands, thus meaning that you agree not to participate in any joint, consolidated or class action lawsuit or arbitration and you explicitly waive the right to have your claims consolidated into, asserted by, or determined according to a class action lawsuit or arbitration. Terms shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.
Notwithstanding this provision, either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction, without the posting of bond or other security.
CHANGES TO THE TERMS
Strands may revise and update these Terms at any time and for any reason in our sole discretion. We will provide notice of the most recent version of these Terms by updating the “Last Updated” date above and you waive any right to receive specific notice otherwise of changes. All changes are effective immediately upon posting and apply to all access to and use of our Products and Services thereafter. If you don’t like any changes to our Terms, you may stop using our Products and Services. Your continued access to and use of our Products and Services signifies your acceptance of the revised and then-current Terms.
These Terms supersede any other agreement between you and Strands regarding our Products and Services and your interactions with us. If any part of these Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary to allow the remainder of the Terms to otherwise remain in full force and effect. Our failure to enforce any part of these Terms is not a waiver and we do not give up any of our rights to later enforce. Strands, but not you, may assign any of our rights and obligations under these Terms.