Last Updated: February 5, 2024
PLEASE NOTE THAT SECTION 14 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MANE ADDICTS MAY BE RESOLVED.
These Terms of Service are effective as of the date posted above. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and any services or information offered on the Site, including information about participating in our programs (“Services”) once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site or our Services at any time.
As used herein, “User” or “Users” means anyone who accesses and/or uses the Site.
1. DESCRIPTION OF THE SERVICES
Subject to the terms and conditions specified herein, the Site offers Users information regarding us and our programs. The Site also offers Users the possibility of applying to our programs, obtaining information about the programs, communicating through certain functions provided on the Site or accessing our social media sites.
This Site is intended solely for Users who are over the age of 13 and any registration by, use of or access to the Site by anyone who is not over 13 is unauthorized and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are over 13 and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, we may terminate your registration and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in our sole discretion. You agree that we will not be liable to you or any third party for any termination of your membership.
2. COLLECTION OF PERSONAL DATA
You agree by providing personal data to us or through a third-party site: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of personal data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify us of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.
We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
3. PROPRIETARY RIGHTS
We retain all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Services. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property and/or the property of third parties who have authorized its use. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
4. CONTENT OF SITE AND PRODUCTS
We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
Information on the Site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.
5. CONTENT SUBMITTED BY USERS
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site. You may only post Content if you own all the rights to that Content, if it’s in the public domain, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Mane Addicts, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using the Services.
You agree to indemnify Mane Addicts against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
We are not responsible for, and do not endorse, Content posted by any other user on the Site. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
6. NON-CONFIDENTIAL INFORMATION
We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
Any materials, information, or ideas you send us or post on this Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mane Addicts for any purpose whatsoever.
7. COPYRIGHT PROTECTION
If you believe any Content on the Services infringes your copyrights, you may request that we remove the Content from the Services (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”):
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information to us by email or mail: firstname.lastname@example.org; or Mane Addicts LLC, 5700 Wilshire Blvd, Suite 355, Los Angeles, California 90036.
Once the Designated Agent receives a notification that meets the requirements set forth above, it is our policy to: (a) review the request; (b) remove or disable access to the infringing Content; and (c) notify the provider of the Content that it has removed or disabled access to such Content.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to our Designated Agent within thirty (30) days of the date the Content was removed from the website. A counter-notification must be a written communication that includes substantially the following:
- Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
- A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, we shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform us that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If we receive such notification within ten (10) business days, we shall not replace the removed Content or cease disabling access to it. If we do not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then we shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, we may, in its sole discretion, terminate access to the website of any user that we find to be a repeat infringer. Made Addicts reserves the right to define the criteria by which we will determine that a user is a “repeat infringer.”
If you believe that a user is a repeat infringer, please follow the instructions above to contact our Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
8. PROHIBITED CONDUCT
You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:
- sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
- use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services;
- attempt to gain unauthorized access to the Site, the Services, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
- run Mail list, Listserv, or any form of auto-responder or "spam" on the Services;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of its affiliates or any third parties;
- use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share or disclose with anyone any information obtained through the Services about any investment offerings; or
- use the Services for any commercial purpose whatsoever other than for your personal use.
9. LINKED SITES
You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.
WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.
While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
11. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.
You agree to defend, indemnify and hold us and our affiliates, together with each of our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services.
You agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you.
You agree that agree that any dispute or claim arising out of your use of the Site or the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This Agreement constitutes the entire agreement between you and us with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and us. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.
These Terms or Service are governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms or Service and or your use of the Services resides in the courts located in Los Angeles, CA, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We may assign these Terms of Service at any time to a subsidiary or parent or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms of Service.
For any questions or comments, or to report violations of this agreement, including receipt of spam or unwanted communications from a user, contact us at email@example.com with “Terms of Service” in the subject line of your email.